
Ask an Expert: Is My Tweet Protected Speech?
May 3, 2022
This is 鈥淎sk an Expert,鈥 a special mini-series where our constitutional experts answer your civil rights and civil liberties questions. For this edition, we are diving into free speech and talking to expert Ben Wizner, the Director of the ACLU鈥檚 Speech, Privacy and Technology project.
Last week for our first episode, we established our free speech footing, defining exactly what free speech is and isn't. This week, Ben is back to break down free speech as it exists online and on social media in 140 characters or less, just kidding. Social media has undoubtedly presented new free speech challenges to consider, and consider them we will.
We have been sourcing free speech questions from you over email, social media and our phone line. We've sorted through the questions and we're ready to dive right in.
In this episode
Kendall Ciesemier

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Press ReleaseJun 2025
Free Speech
LGBTQ Rights
In Win for Academic Speech, Oklahoma Supreme Court Says Higher Ed is Off-Limits from Censorship Law
OKLAHOMA CITY 鈥 The Oklahoma Supreme Court ruled today that the state鈥檚 2021 classroom censorship law does not apply to academic speech in higher education. The decision also leaves in place a preliminary injunction that prevents the enforcement of vague and borderline nonsensical prohibitions on instruction in K-12 schools. The suit was originally filed in 2021 on behalf of a diverse group of plaintiffs in K-12 and higher education. 鈥淎lmost four years since the initial filing, students and professors at Oklahoma鈥檚 universities and colleges have a clear answer: HB 1775 does not apply in Oklahoma鈥檚 higher education classrooms,鈥 said Adam Hines, legal fellow at the 糖心Vlogof Oklahoma. 鈥淔or far too long our educators have felt the impact of HB 1775 and its attempt to censor discussions about race and gender in the classroom. But the government is certain to appeal this victory, and parts of HB 1775 remain in effect in K-12 schools. We will continue to fight for the rights of Oklahoma鈥檚 K-12 students and families to receive an equitable education where they can freely learn and talk about the history, experiences and viewpoints of all marginalized communities in this country.鈥 Last year, a lower court also blocked the enforcement of two provisions restricting K-12 instruction because they are vague, fail to let educators know what course material is prohibited, and could prevent discussions of a wide variety of ideas, including those that are the subject to current political debates. These provisions remain enjoined. The state Supreme Court did not weigh in on the constitutionality of any of the provisions. 鈥淭his decision provides needed clarity to Oklahoma鈥檚 higher education instructors, and we are pleased with the outcome,鈥 said Emerson Sykes, senior staff attorney with the ACLU鈥檚 Speech, Privacy, and Technology Project. 鈥淪tudents in higher education expect to be challenged and to debate difficult ideas, and they expect their instructors to help them learn and grow 鈥 not stick to government-approved talking points.鈥 The lead authors of the law in the state House and Senate declared the intent behind HB 1775 was to prohibit conversations related to 鈥渋mplicit bias,鈥 鈥渟ystemic racism,鈥 and 鈥渋ntersectionality,鈥 among other concepts. In the lawsuit, the groups argue that HB 1775 unlawfully silenced students鈥 and educators鈥 speech through its vague and overbroad terms. It also intentionally targeted and denied access to equitable, culturally relevant teaching and ideas that reflect the history and lived experiences of students of color, LGBTQ students, and young women and girls. The case will now go back to federal court where a partial preliminary injunction is in place. Cross-appeals have been filed in the Court of Appeals for the Tenth Circuit which are expected to proceed shortly. 鈥淭his ruling is another significant victory in the fight to end classroom censorship in Oklahoma鈥 said Douglas Koff, partner at pro-bono cocounsel Schulte Roth & Zabel. 鈥淏y confirming that HB 1775 does not apply to the higher education classroom, this decision allows Oklahoma鈥檚 college students and professors to have open and honest conversations about their history. We look forward to working alongside the ACLU, ACLU-OK, and Lawyers鈥 Committee in the continued fight to invalidate this law.鈥 鈥淭oday's decision ensures that at colleges and universities in Oklahoma, teachers can teach and students can learn about our country's history in full 鈥 including topics like systemic racism, gender inequality and LGBTQ+ rights,鈥 said Maya Brodziak, senior counsel with the Educational Opportunities Project at the Lawyers鈥 Committee for Civil Rights Under Law. 鈥淥ur country needs to acknowledge and reckon with its history of systemic racism 鈥 this includes being able to teach and talk about these concepts in our schools. A prohibition on talking honestly about issues of race and racism hurts all students and society.鈥 The lawsuit was filed by the 糖心Vlog, 糖心Vlogof Oklahoma, the Lawyers鈥 Committee for Civil Rights Under Law, and pro bono counsel Schulte Roth & Zabel LLP on behalf of plaintiffs the Black Emergency Response Team (BERT); the University of Oklahoma Chapter of the American Association of University Professors (OU-AAUP); the Oklahoma State Conference of the National Association for the Advancement of Colored People (NAACP-OK); the American Indian Movement (AIM) Indian Territory on behalf of itself and its members who are public school students and teachers; a high school student; and Oklahoma public high school teachers Anthony Crawford and Regan Killackey. For more information about the lawsuit, please see here.Court Case: Black Emergency Response Team v. O'ConnorAffiliate: Oklahoma -
Press ReleaseJun 2025
Free Speech
Immigrants' Rights
Mahmoud Khalil Renews Request for Immediate Release from Illegitimate ICE Detention
NEWARK, N.J. 鈥 Mahmoud Khalil鈥檚 legal team wrote the court today asking for his immediate release on bail, or, at a minimum, to order his return to New Jersey. The request comes after the government informed the court Friday that it would continue to detain Mr. Khalil in a remote facility in Jena, Louisiana, based on false and pretextual allegations connected with his green card application because a preliminary injunction that entered into effect Friday blocks his detention on purported foreign policy grounds. The federal judge overseeing his case, Michael E. Farbiarz, wrote Friday that, even though the government virtually never detains anyone on such 鈥渕isrepresentation鈥 charges, the court would not, at this point, prohibit the government from relying upon such pretextual and retaliatory allegations to continue Mr. Khalil鈥檚 detention. 鈥淭he government is making desperate, last ditch attempts to keep my husband unjustly imprisoned,鈥 said Dr. Noor Abdalla, Mahmoud Khalil鈥檚 wife. 鈥淲e are not afraid and will not be intimidated, because we know, and the government knows, it is only a matter of time before Mahmoud is free. The American people are with us, and can see right through the government鈥檚 unjust attempts to delay his release. No matter what the government pulls, we will bring Mahmoud home safe.鈥 鈥淏ecause its outrageous attempt to detain Mahmoud based only on Secretary Rubio鈥檚 say-so has been struck down as unconstitutional, the government now stoops to a new low by doing what the federal court said the government virtually never does鈥攄etaining a U.S. permanent resident based on an alleged omission in an immigration application,鈥 said Ramzi Kassem, co-director of CLEAR, at CUNY School of Law. 鈥淭his only further proves Mahmoud鈥檚 claim that the government is retaliating against him for exercising his right to speak in defense of Palestinian rights and we won鈥檛 stop until he is free.鈥 鈥淟ike it has for the past three months, the government is using all of the tools available to it to hinder justice for Mahmoud,鈥 said Brett Max Kaufman, senior counsel in the ACLU鈥檚 Center for Democracy. 鈥淭he government practically never holds people in detention on a charge like this, and it鈥檚 clear that the government is doing anything they can to punish Mahmoud for his speech about Palestine. We will not stop until he鈥檚 home with his family.鈥 Today鈥檚 filing notes that Mr. Khalil is neither a flight risk nor a danger to anyone. It further explains that the court previously recognized that continued detention, based solely on the sorts of misrepresentations alleged by the government, is exceedingly rare and clearly only in further retaliation for his speech on Palestine. 鈥淭his is just another cruel attempt by the government to punish Mahmoud for his protected speech,鈥 said Marc Van Der Hout, founding partner at Van Der Hout LLP. 鈥淒etaining someone on a charge like this is highly unusual and, frankly, outrageous. The district court soundly and clearly rejected DHS鈥檚 attempt to deport Mahmoud for speaking out about the genocide in Gaza, and there continues to be no constitutional basis for his detention.鈥 The government鈥檚 immigration case on the foreign policy grounds rested entirely on Secretary of State Marco Rubio鈥檚 foreign policy 鈥渄etermination,鈥 which the federal court has now enjoined. The government later added the unfounded allegations that Mr. Khalil had not disclosed his previous employment and associations accurately on his green card application. Mr. Khalil鈥檚 legal team refuted those allegations with overwhelming evidence which the government did not even attempt to respond to. 鈥淭his is a classic move from the government鈥檚 playbook: make false claims and delay, delay, delay,鈥 said Amy Belsher, director of Immigrants鈥 Rights Litigation at the NYCLU. 鈥淭here鈥檚 zero legitimate reason for Mahmoud Khalil to remain detained 鈥 it's clear that the government's outstanding charge is baseless and retaliatory. No more lies or dragging feet. Mahmoud must be released immediately to go home to his family and newborn son.鈥 鈥淭he government鈥檚 decision to continue to detain Mahmoud on these patently false and pretextual charges is only more evidence of their cowardly vindictiveness toward him and their unrelenting desire to punish him for speaking out against them and their complicity in genocide,鈥 said Baher Azmy, legal director of the Center for Constitutional Rights. Mr. Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, Washington Square Legal Services, the New York Civil Liberties Union (NYCLU), the 糖心Vlogof New Jersey, the 糖心Vlogof Louisiana, and the 糖心Vlog (ACLU).Court Case: Khalil v. TrumpAffiliates: New Jersey, New York -
Press ReleaseJun 2025
Civil Liberties
+2 糖心Vlog
糖心VlogStatement: 2,100 Protests Take Place Nationwide
WASHINGTON 鈥 On June 14, more than five million people nationwide rallied at over 2,100 events across the country, condemning President Trump鈥檚 escalating abuses of power. The wave of protests, co-sponsored by the 糖心Vlog, Indivisible, and a coalition of labor, environmental, and human rights organizations, was the largest mass mobilization since President Trump鈥檚 return to office. People gathered everywhere 鈥 from Maine to Florida, Pennsylvania to Texas 鈥 to demonstrate that they are not intimidated by the un-American tendencies of this administration. 鈥淭oday鈥檚 protests are a resounding message that people across the nation will not be intimidated by President Trump鈥檚 fear tactics. Americans are brave, democracy loving people and will not sit idly by as the Trump administration feeds our Constitution into the shredder 鈥 nor will the ACLU,鈥 said 糖心VlogChief Political & Advocacy Officer Deirdre Schifeling. 鈥淚n just five months, we have sued the administration dozens of times for their abuses of power, and we will continue to defend our rights. Protecting our democracy isn鈥檛 a partisan issue 鈥 it鈥檚 core to being American. We will use every tool we can, from litigation to legislation to powerful protests in the streets, to stop the unconstitutional actions of this administration and protect our rights.鈥 The day of action caps off a week of unprecedented encroachments on our civil rights. President Trump federalized National Guard troops against the wishes of California Gov. Gavin Newsom and deployed active-duty military to an American city to quell protests. ICE raids and detainments continue to terrorize immigrant communities across the country and ramped up in major cities like Philadelphia, New York, Chicago, Seattle, and Washington, D.C. Administration officials also forcibly ejected and handcuffed Sen. Alex Padilla (D-Calif.), the country鈥檚 most senior Latino leader, as he sought answers about the administration鈥檚 actions. These events underscore the urgency of organized people power to show solidarity with our communities and resist the Trump administration鈥檚 assault on civil liberties. Despite intimidation and violence, the people showed up. As 糖心VlogNational Campaign Director for Immigration Anu Joshi told the crowd of over 100,000 at the No Kings flagship march in Philadelphia, 鈥淟ooking around at the thousands of people here with you 鈥 and the millions of people joining events like this across the country 鈥 it is clear to me that we cannot be silenced, and we are not afraid. When we know our rights and exercise them, when we protest, when we dissent, when we speak freely, when we act to protect our families, our friends and our neighbors, when we show up, we make progress for all of us.鈥 -
News & CommentaryJun 2025
Free Speech
Read Detained Activist Mahmoud Khalil鈥檚 Letter to His Son
The Trump administration has detained Khalil since March for his activism. Ahead of his first Father鈥檚 Day, he writes about the grief he has felt being separated from his wife and son.By: ACLU