The Free Flow — May 1, 2025
Judge releases Columbia student facing deportation over speech, law firms unite against White House's Executive Orders, Portugal launches election disinformation response system, and more!
First of All
» Judge Orders Release of Columbia Student Targeted for Deportation Over Pro-Palestinian Speech
U.S. District Judge William Sessions III ordered the release of Columbia University student Mohsen Mahdawi, a legal permanent resident arrested by immigration officials after participating in pro-Palestinian protests.
Details:
Mahdawi was detained on April 14 during a scheduled naturalization interview and was nearly transferred to a detention facility in another jurisdiction, as reported in our previous Free Flow.
Other academics facing similar deportation attempts over speech, including Georgetown researcher Badar Khan Suri, Tufts University student Rumeysa Ozturk, and Columbia student Mahmoud Khalil remain detained.
Mahdawi remains subject to deportation proceedings, but can resume his studies at Columbia while the case moves forward.
» Media Organizations Challenge Defunding Efforts
The Corporation for Public Broadcasting (CPB) filed suit against the Trump administration’s attempt to fire three members of its board.
Background:
Besides trying to fire members of CPB’s board, the Trump administration plans to cut its funding.
CPB allocates hundreds of millions of dollars to public broadcasters like NPR and PBS, which are often critical of President Trump.
The CPB lawsuit argues that, despite being publicly funded, the organization is private, and therefore, control of its board lies outside the President’s authority.
More on Press Freedom under Trump Admin:
Trump is also engaged in personal defamation lawsuits against CBS and ABC.
The latter settled with Trump in December, and CBS’ parent company, Paramount, is expected to do the same.
At the same time, the Federal Communications Commission is currently investigating ABC and CBS for DEI practices and unfavorable coverage, respectively.
» Trump Administration Reverses Mass Termination of Foreign Students’ Visa Records
The Department of Justice announced on April 25, 2025, that it would restore the student visa records of thousands of foreign students who had been abruptly removed from the Student and Exchange Visitor Information System (SEVIS) database due to minor or dismissed legal charges.
Context:
The mass terminations earlier this month prompted more than 100 lawsuits and drew over 50 restraining orders from federal judges in at least 23 states, who called the action legally indefensible.
The action disproportionately affected international students who were engaged in campus life and, in some cases, pro-Palestinian activism.
This move comes amidst a poll from the New York Times/Siena College, which finds that 63% of voters, including 40% of Republicans, oppose Trump’s proposal to deport legal immigrants for protesting Israel.
» Courts Block Trump Administration’s Move to Cut School Funding Over D.E.I Programs
Three federal judges issued rulings on April 24, 2025, halting the Trump administration’s attempt to withhold federal funds from public schools that use DEI initiatives.
Details:
The administration had ordered state education agencies to affirm in writing that schools do not employ “illegal” D.E.I. practices or risk losing Title I funding that supports low-income students.
Plaintiffs,including the NAACP and teachers’ unions,argued the policy infringed on free speech and overstepped federal authority.
In Court:
Judge Landya B. McCafferty ruled that the administration had failed to define D.E.I. clearly and warned that the policy could restrict classroom speech.
Judges Stephanie Gallagher and Dabney Friedrich also blocked enforcement, citing procedural overreach and vague guidance.
Gallagher upheld the administration’s right to maintain a public reporting portal for D.E.I. practices, citing government speech protections.
» L.A. City Attorney Says Most Pro-Palestine Protesters Will Not Face Charges
The L.A. city attorney’s office announced it will not pursue charges against the vast majority of protesters arrested during the 2024 Gaza war demonstrations at UCLA and USC, citing insufficient evidence.
Out of over 300 referred cases, only two individuals face misdemeanor charges, and three others will attend non-criminal hearings with the city attorney.
» Law Firms Unite Against Retaliatory Executive Orders
Over 700 partners from leading U.S. law firms have filed a friend-of-the-court brief supporting firm Susman Godfrey in its lawsuit against a Trump executive order, which barred the firm from government access and threatened its clients’ federal contracts.
Context:
The Digital Age
» Congress Passes 'Take It Down Act' to Combat Nonconsensual Deepfakes
Congress passed legislation requiring websites and social media platforms to take down all forms of “intimate imagery,” including AI-generated deepfakes, posted without consent within 48 hours.
Background:
While many states have banned “revenge porn” and explicit AI-generated deepfakes, the “Take it Down” Act marks the first federal legislation banning their presence on social media.
Critics argue the law’s notice and takedown mechanisms risk overremoval and leave platforms with no incentive to assess the validity of takedown requests.
Our Take: Senior Legal Fellow Ashkhen Kazaryan told Reason magazine that the TAKE IT DOWN Act "responds to real harms, but in the hands of a government increasingly willing to regulate speech, its broad provisions provide a powerful new tool for censoring lawful online expression, monitoring private communications, and undermining due process.”
» Elon Musk's X Challenges Minnesota's Political Deepfakes Ban
Elon Musk’s social media platform X (formerly Twitter) filed a federal lawsuit challenging Minnesota's 2023 law that criminalizes the use of AI-generated political deepfakes intended to harm candidates or influence elections.
Background:
Minnesota’s deepfake law bans the online distribution of deepfakes within 90 days of an election, primary, or party convention.
It imposes criminal sanctions, including jail time, for those who spread deepfakes while knowing they are false.
X argues the law violates First Amendment rights and could criminalize harmless content, including satire.
» Canada’s Online Harms Bill Dies Again
Canada’s Online Harms Act (Bill C-63), which aims to regulate harmful online content, has once again failed to pass—this time collapsing after Parliament was prorogued following Prime Minister Justin Trudeau’s resignation in January 2025.
Details:
The bill sought to compel platforms to act on a range of harms, from child exploitation to “content that foments hatred,” and would have established a Digital Safety Commission.
Among concerns about over-moderation and mass surveillance, the bill’s addition of hate speech as a discriminatory act under the Human Rights Act sparked worry about self-censorship.
» Mexico's Telecommunications Reform Sparks Free Speech Concerns
Opponents have expressed alarm over changes to Mexico's telecommunications law, specifically Articles 109 and 210, which allow for the temporary blocking of a digital platform upon request by a competent authority if it fails to comply with regulatory provisions.
Critics argue the legislation lacks clarity on who these authorities are, raising concerns about potential overreach and infringement on free speech.
» Is Pakistan Quietly Testing A ‘Great Firewall’ Model Amid a Political Crackdown?
Pakistan appears to be testing a China-style national internet firewall with deep packet inspection (DPI) capabilities, reportedly sourced from Chinese technology companies.
Officials say the system allows granular filtering of content and real-time monitoring.
Details:
The firewall allows selective blocking of multimedia services on apps like WhatsApp and enables authorities to surveil encrypted metadata, even if the content remains hidden.
Testing began in July 2024, coinciding with widespread internet slowdowns, WhatsApp disruptions, and increased VPN censorship—though officials deny any correlation between the system and degraded connectivity.
Government denials about the firewall’s existence have been contradicted by telecom insiders and security officials who confirm it is operational and capable of targeting protest-related traffic.
» Estonia Moves to Curb Foreign Propaganda with New Broadcasting Powers
Estonia is advancing legislation that would give its media regulator, the Consumer Protection and Technical Regulatory Authority (TTJA), expanded powers to restrict foreign state-sponsored broadcasts, primarily targeting Russian and Belarusian propaganda.
Details:
The law, expected to take effect in 2026, allows TTJA to block audiovisual or radio services from third countries deemed to undermine Estonia’s national stability.
A prior version of the law was criticized for overreach, including provisions that would have allowed the government to assess the “truthfulness” of news.
This version is said to align with the EU’s European Media Freedom Act, offering safeguards against excessive government interference.
» Colorado Senate Overrides Veto on Social Media Bill
In a rare move, the Colorado Senate voted 29-6 to override Governor Jared Polis’s veto of Senate Bill 25-86, which mandates that social media companies remove users who exploit minors or sell drugs and firearms online. It needs a two-thirds majority in both chambers to become law.
The bill also sets reporting requirements and compliance timelines for law enforcement requests.
Critics argue that the law “conscripts” platforms as enforcers, potentially leading to the overremoval of content and deplatforming based on unverified accusations.
» Texas Bill Would Censor Online Abortion Information
Texas Senate Bill 2880 and House Bill 5510 seek to criminalize not only the sale and distribution of abortion pills, but also the online sharing of information about them.
The bill would allow private citizens to sue anyone who “provides information” on how to obtain abortion-inducing drugs, potentially including website creators, emailers, and social media users.
The Brussels Effect: Europe and Beyond
» Portugal Launches Rapid Response System for Election Disinformation
Ahead of Portugal’s legislative elections on May 18, 2025, the country has implemented a Rapid Response System (RSS) for the first time, active from April 21 to May 25.
How It Works: The system is designed to quickly flag and report election-related disinformation to major online platforms, enabling swift moderation.
EU Strategy:
It comes amidst the European Commission’s broader anti-disinformation strategy, and operates under the EU’s Code of Practice on Disinformation and the Digital Services Act.
Portugal joins other EU countries, such as Romania and Poland, in deploying EDMO-backed tools, showing the Commission’s expanding role in regulating election speech.
» Media Freedom Faces 'Existential Battle' Across EU
A comprehensive report by the Civil Liberties Union for Europe, incorporating insights from 43 human rights organizations across 21 EU countries, warns that media freedom and pluralism are under severe threat throughout the European Union.
The Study:
The study highlights issues such as increasing media ownership concentration, government influence on public media, lack of transparency in media ownership, and intimidation of journalists.
The report highlights the failure of many EU states to prepare for the European Media Freedom Act (EMFA), which is set to take full effect in August.
The EMFA is designed to safeguard press freedom through binding rules on ownership transparency, editorial independence, and the protection of journalists.
Physical attacks, hate speech, SLAPP lawsuits, and denial of information access exacerbate the situation, with female journalists especially vulnerable.
The report describes the struggle for press freedom as an "existential battle," with the enforcement of EMFA seen as crucial in determining the fate of independent media across the EU.
» UK Government Sets Date for Free Speech Act Enforcement in Universities
UK Education Secretary Bridget Phillipson announced she has signed regulations to implement the Higher Education (Freedom of Speech) Act, which will take effect on 1 August 2025.
Details:
The law requires universities and student unions in England to uphold robust protections for free expression among students, academics, and visiting speakers.
It establishes a new statutory tort, allowing individuals to sue institutions they believe have unlawfully restricted their speech.
Press Freedom
Albanian Court Overturns Seizure of Journalist’s Devices in Landmark Ruling: Albania’s Constitutional Court ruled unanimously on April 22, 2025, to annul prior court orders that authorized the search and seizure of journalist Elton Qyno’s electronic equipment, marking a significant win for press freedom and source protection.
Iowa Legislature Passes Anti-SLAPP Bill: Iowa lawmakers have passed anti-SLAPP legislation that allows courts to expedite the dismissal of lawsuits that target First Amendment activity. The bill, House File 472, now heads to Governor Kim Reynolds for signature.
Belgium Leads in EU’s Push to Curb SLAPPs with Draft Anti-Abuse Law: Belgium is among the first EU countries to implement the EU Anti-SLAPP Directive 2024/1069 into draft legislation. The draft bill was tabled on February 18, 2025, and introduces a fast-track dismissal mechanism and punitive measures for claimants abusing judicial proceedings.
Swedish Journalist Now Faces Terrorism and Insult Charges in Turkey: In a previous Free Flow, we discussed Swedish journalist Joakim Medin’s detention shortly after arriving in Istanbul to report on protests following the arrest of Mayor Ekrem Imamoglu. Medin remains in pre-trial detention and now faces dual indictments for terrorism-related actions and insulting the president. This news comes amidst the arrests of now 13 journalists in Turkey since March.
Switzerland Urged to Reform Banking Secrecy Law After Journalists Face Criminal Charges: Investigative journalists behind the Suisse Secrets project have again come under threat, this time after reporting that Swiss bank, Reyl Intesa Sanpaolo, was scrutinized by the country’s financial regulator, FINMA, for alleged anti-money laundering failures. Reyl’s law firm threatened reporters with criminal prosecution under Article 47 of the Swiss Banking Act, a law that criminalizes disclosure of banking data, even if true and in the public interest.
Russian Politician Challenges Military ‘Disinformation’ Law in Court: Alexey Gorinov, a Moscow municipal deputy jailed for condemning Russia’s invasion of Ukraine, has filed a constitutional challenge to the 2022 law criminalizing “false information” about the military. His new appeal argues the law violates Article 29 of the Russian Constitution.
Protest Watch
Algeria Intensifies Crackdown on Digital Dissent Over New Online Protest Movement: Algerian authorities have escalated arrests and prosecutions targeting peaceful online dissent tied to the “#Manich_Radi” (“I am not satisfied”) protest movement, launched in December 2024 to denounce repression and poor living conditions. At least 23 activists and journalists have been arrested over the past five months, many of whom are now serving prison terms or awaiting trial—some after expedited proceedings that violated fair trial guarantees.
Iran Slams France Over Arrests of Citizens Over Activist Activity: Iran’s Foreign Ministry publicly condemned the detention of Iranian citizens, including Mahdieh Esfandiari, in France, framing the arrests as violations to the right to free speech. The detainees reportedly took part in pro-Palestinian activities in Paris.
Iranian Regime Arrests Protestor for Chanting “Death to Khamenei”: On April 27, 2025, former political prisoner Hamid Haj Jafar Kashani was arrested in Tehran after staging a bold solo protest, chanting “Death to Khamenei” and holding a placard reading, “Until the Mullahs Are Buried, This Nation Will Not Be Free.”
Quick Hits
Tennessee Ordinance Accused of Violating First Amendment: An ordinance in Franklin, Tennessee, that limits the number of flags and temporary signs residents can display on private property has been challenged after a resident was cited in September for displaying too many American flags. The Foundation for Individual Rights and Expression (FIRE) argues the ordinance discriminates based on content by treating different types of temporary signs unequally.
Dutch Court Backs Fossil Fuel Ad Ban in Landmark Ruling: A Dutch court has upheld The Hague’s pioneering law banning fossil fuel advertising despite objections that it stifled free speech. The judge ruled the city acted within its legal authority to restrict advertising in the public interest in the first judicial test of a municipal fossil ad ban, setting a significant precedent in Europe.
Tunisia Detains Human Rights Lawyer for Criticizing Trial of Opposition Figures: On April 21, Tunisian authorities arrested prominent human rights lawyer Ahmed Souab after he publicly criticized the mass sentencing of opposition figures in the so-called “conspiracy case” trial. Our previous Free Flow details the trial, which saw 37 defendants, including lawyers and human rights defenders, sentenced to up to 74 years in prison as part of the government’s crackdown on dissent.
Eurovision Revises Flag Policy Amid Free Expression Debate: Ahead of the 2025 contest in Basel, Switzerland, the European Broadcasting Union (EBU) has revised its controversial flag policy following backlash from the 2024 edition, where audience members had Pride and EU flags confiscated. The new policy allows fans to display flags, including the Palestinian flag, but bars artists from doing the same on stage or in official contest areas.
China Forces Weibo Account to Rename, Citing LGBTQ Reference: A prominent Weibo account known as “Voice of Comrade” was forced to change its name due to the term “comrade” being associated with homosexuality in modern Chinese usage. The change, reportedly ordered by Chinese authorities, sparked backlash from LGBTQ advocates and online users.
Hirad Mirami is a research assistant at The Future of Free Speech and a student at the University of Chicago studying economics and history. Ashley Haek is a communications coordinator at The Future of Free Speech.