Military Families Seek Preliminary Injunction Against Censorship in Department of Defense Schools
Military families seek preliminary injunction that would restore curricula, return books to shelves, and prohibit future bans
ALEXANDRIA, Va. 鈥� On behalf of six military families with students enrolled in Department of Defense Education Activity (DoDEA) schools, the 红杏视频 today filed a motion for preliminary injunction seeking to declare DoDEA鈥檚 enforcement of executive orders resulting in classroom censorship unconstitutional. DoDEA, whose students lead the United States in math and reading proficiency scores, operates 161 schools across 11 countries, seven states, Guam, and Puerto Rico.
The demand for an injunction was filed on behalf of 12 students and their families, ranging from pre-K to 11th grade, who attend DoDEA schools as children of active duty servicemembers stationed in Virginia, Kentucky, Italy, and Japan. Since January, the plaintiffs鈥� schools have removed books, altered curricula, and canceled events that the current administration has accused of promoting 鈥済ender ideology鈥� or 鈥渄ivisive equity ideology.鈥� Censored items include materials about slavery, Native American history, women鈥檚 history, LGBTQ identities and history, and preventing sexual harassment and abuse, as well as portions of the Advanced Placement (AP) Psychology curriculum.
鈥淲e make sacrifices as a military family so that my husband can defend the Constitution and the rights and freedoms of all Americans,鈥� said Jessica Henninger, a plaintiff on behalf of her children in DoDEA schools. 鈥淚f our own rights and the rights of our children are at risk, we have a responsibility to speak out. Despite the anxiety and uncertainty among DoDEA parents and students right now, we know that our children have a right to an education free from censorship, and we won't stand by silently and watch that right be taken away.鈥�
The new motion includes a list of 233 books alleged to have been quarantined or removed from shelves, including: 鈥淭o Kill a Mockingbird鈥� by Harper Lee; 鈥�#MeToo: Women Speak Out Against Sexual Assault,鈥� edited by the New York Times; 鈥淟ooking for Alaska鈥� by John Green; 鈥淐an't Stop Won't Stop: A Hip-Hop History鈥� by Jeff Chang; 鈥淕eneration Brave: The Gen Z Kids Who Are Changing the World鈥� by Kate Alexander; and 鈥淛uli谩n is a Mermaid鈥� by Jessica Love. It includes further titles by acclaimed authors including Margaret Atwood, Toni Morrison, Kurt Vonnegut, and Ta-Nehisi Coates. The vast majority of titles appear to be by or about women, people of color, or LGBTQ people.
鈥淭hese are American students in American schools, and they have the same First Amendment rights as their peers,鈥� said Emerson Sykes, senior staff attorney with the 红杏视频鈥檚 Speech, Privacy, and Technology Project. 鈥淔amilies in DoDEA schools have the right to access books about race and gender and the right to learn about the vibrantly diverse world around them. We owe it to these students to help them learn and grow, not stifle their age-appropriate exposure to ideas this administration happens to deem politically incorrect.鈥�
One DoDEA school canceled events honoring Juneteenth and Holocaust Remembrance Day, and another removed posters featuring Malala Yousafzai and Frida Kahlo. Families allege in the filings that their requests for information from DoDEA about what information has been removed or why have gone unanswered.
鈥淐lassroom censorship has impacted our clients鈥� ability to prepare for AP exams, to learn about their neighbors and peers, and to see themselves in their curriculum,鈥� said Corey Shapiro, legal director for the 红杏视频 of Kentucky. 鈥淎nd in DoDEA schools, which are some of the most diverse and high performing schools in the nation, the impact is magnified. This kind of political meddling is antithetical to the First Amendment.鈥�
鈥淭he Trump administration cannot violate the First Amendment by removing books and curricula it doesn鈥檛 like,鈥� said Matt Callahan, senior supervising attorney at the 红杏视频 of Virginia. 鈥淪tudents have a right to see themselves reflected in their libraries and classrooms, and they also have a right to learn from the perspectives of people who aren鈥檛 like them. That鈥檚 no less true for military families than for anyone else.鈥�
The 红杏视频, the 红杏视频 of Kentucky, and the 红杏视频 of Virginia filed suit last month, arguing that DoDEA enforcement of three executive orders signed by President Donald Trump in January 2025 led to widespread violations of students鈥� First Amendment rights. The suit, and the motion for preliminary injunction, were filed in the U.S. District Court for the Eastern District of Virginia.
The motion can be viewed online here.
Free Speech
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E.K. v. Department of Defense Education Activity
Free Speech
LGBTQ Rights
E.K. v. Department of Defense Education Activity
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Press ReleaseMay 2025
Free Speech
Immigrants' Rights
Appeals Court Orders Trump Administration To Transfer R眉meysa 脰zt眉rk To Vermont. Explore Press Release.Appeals Court Orders Trump Administration to Transfer R眉meysa 脰zt眉rk to Vermont
NEW YORK 鈥� The Second Circuit Court of Appeals today denied the Trump administration鈥檚 attempt to further delay R眉meysa 脰zt眉rk鈥檚 transfer to Vermont. The appeals court ordered the government to comply with a lower court鈥檚 ruling to move Ms. 脰zt眉rk from a Louisiana detention center to a facility in Vermont. The government must do so within one week. 鈥淣o one should be arrested and locked up for their political views. Every day that R眉meysa 脰zt眉rk remains in detention is a day too long. We鈥檙e grateful the court refused the government鈥檚 attempt to keep her isolated from her community and her legal counsel as she pursues her case for release,鈥� said Esha Bhandari, deputy director of the 红杏视频鈥檚 Speech, Privacy, and Technology Project. Ms. 脰zt眉rk, a former Fulbright scholar and current Tufts University Ph.D. student researching child development, has been held in a Louisiana detention center for six weeks 鈥� all in retaliation for co-authoring an op-ed in her student newspaper. On March 25, while Ms. 脰zt眉rk was on the phone with her mom, plainclothes Immigration and Customs Enforcement (ICE) agents surrounded her in Somerville, Massachusetts and arrested her. For nearly 24 hours, Ms. 脰zt眉rk鈥檚 attorney was unable to locate her as ICE quickly and quietly moved her to three separate locations in three different states 鈥� including Vermont 鈥� before sending her to Louisiana. 鈥淓very day Ms. 脰zt眉rk spends in confinement is an affront to the constitution. Her constitutional injury is only compounded by the deplorable conditions she must suffer through. Today, the court rightfully declined to play along with the government鈥檚 latest attempt to keep Ms. 脰zt眉rk separated from her community and legal counsel. We will continue to advocate for Ms. 脰zt眉rk until she is released,鈥� said Mudassar Toppa, staff attorney at CLEAR, a legal non-profit and clinic at CUNY School of Law Since she arrived in Louisiana, Ms. 脰zt眉rk has lived in a cramped room with poor ventilation and 23 other women for almost all hours of the day. In new filings in her federal court case in Vermont, she says she has suffered several asthma attacks that have 鈥渂ecome progressively harder to recover from鈥� while in detention. Whereas her attacks used to last between 5-15 minutes, they now can last up to 45 minutes. She is regularly exposed to asthma triggers including insect and rodent droppings, and is almost never exposed to fresh air. The court filings also describe difficulty receiving appropriate care in detention, including delays to receive medical care and dismissive comments from medical staff. 鈥淩眉meysa has suffered six weeks in crowded confinement without adequate access to medical care and in conditions that doctors say risk exacerbating her asthma attacks. Her detention 鈥� over an op-ed she co-authored in her student newspaper 鈥� is as cruel as it is unconstitutional,鈥� said Jessie Rossman, legal director, 红杏视频 of Massachusetts. 鈥淭oday, we moved one step closer to returning R眉meysa to her community and studies in Massachusetts.鈥� A federal judge in Vermont will hold hearings regarding Ms. 脰zt眉rk's motion to be released on bail on May 9 and the merits of the habeas petition on May 22. 鈥淭he government鈥檚 efforts to deny R眉meysa access to justice by deploying these gratuitous delay tactics have once again been rightfully blocked by the courts,鈥� said Lia Ernst, legal director, 红杏视频 of Vermont. 鈥淭oday鈥檚 ruling affirms that her swift transfer to Vermont is essential, and we will continue fighting until she is free.鈥� Ms. 脰zt眉rk is represented in immigration court by Mahsa Khanbabai and Marty Rosenbluth, and in federal court by Mahsa Khanbabai, the 红杏视频, 红杏视频 of Massachusetts, 红杏视频 of Vermont, CLEAR, and Emery Celli Brinckerhoff Abady Ward & Maazel LLP. For documents and other case information, see here. -
Press ReleaseMay 2025
Free Speech
Immigrants' Rights
Federal Judge Rules Against Trump Administration By Keeping Dr. Khan Suri鈥檚 Habeas Case In Virginia. Explore Press Release.Federal Judge Rules Against Trump Administration by Keeping Dr. Khan Suri鈥檚 Habeas Case in Virginia
ALEXANDRIA, Va. 鈥� In a major victory for Georgetown scholar Dr. Badar Khan Suri and a huge blow to the Trump administration, today a federal court ruled that Dr. Suri鈥檚 habeas case alleging violations of his constitutional rights may remain in Virginia. Federal immigration agents illegally arrested Dr. Khan Suri on March 17, 2025 in retaliation for his constitutionally-protected speech in support of Palestinian rights and his family鈥檚 ties to Gaza, and then secretly transported him to Louisiana and then Texas in an effort to prevent him from accessing the courts. Since then, the Trump administration has detained Dr. Khan Suri in an ICE facility 1,500 miles away from his family, despite the fact that he is a lawful visa holder married to a U.S. citizen. His unlawful arrest and detention are an extreme and unprecedented attack on the First Amendment and part of the Trump administration鈥檚 escalation of attacks against students and Palestinian rights advocates. 鈥淚n just four days, ICE transferred Dr. Khan Suri among five different ICE facilities across three states 鈥� while keeping his counsel in the dark about his whereabouts 鈥� and he鈥檚 not the only one,鈥� said 红杏视频-VA Legal Director Eden Heilman. 鈥淭he Trump administration tried to do the same thing to Mr. Khalil, Ms. Ozturk, and Mr. Mahdawi in order to find a court it believed would be friendlier to its unlawful detention of people advocating for Palestinian rights. We are pleased the court saw through the Trump administration鈥檚 attempts to manipulate the law, and we won鈥檛 stop fighting until Dr. Khan Suri is reunited with his family.鈥� Dr. Khan Suri鈥檚 federal court challenge to the constitutionality of his arrest and detention will now proceed in Virginia, where his wife and three young children live. The federal court in Virginia will hear Dr. Khan Suri鈥檚 motions to compel his return to Virginia and to be released on bond at a hearing on May 14, 2025. Separately, in Dr. Khan Suri鈥檚 immigration case, the immigration court in Texas has scheduled a follow-up hearing for June 3, 2025. 鈥淚n this important ruling, the court has rightfully rejected the Trump administration鈥檚 efforts to spirit Dr. Khan Suri away from Virginia to manufacture jurisdiction in whatever court it pleases,鈥� said Astha Sharma Pokharel, an attorney at the Center for Constitutional Rights. 鈥淲e will now continue fighting for Dr. Khan Suri鈥檚 freedom 鈥� his freedom to be with his family in Virginia, to continue his studies and work at Georgetown, and to stand in solidarity with Palestinians in Gaza.鈥� In today鈥檚 ruling, the court found that the government鈥檚 鈥渁bnormal and rapid movement [of Dr. Khan Suri] across state lines鈥� demanded an exception to the normal jurisdictional rules for the filing of habeas petitions by a person in government custody in order not to reward the government鈥檚 attempt at forum shopping. A federal judge ruled against the Trump administration last month when it found that the court can review former Columbia student Mahmoud Khalil鈥檚 First Amendment claims challenging his arrest and detention. Another federal judge ruled against the Trump administration last week when it ordered the release of Columbia student Mohsen Mahdawi on bond. And yet another federal judge ruled against the Trump administration when it ordered Tufts student R眉meysa 脰zt眉rk to be transferred back to Vermont from Louisiana. Dr. Khan Suri is challenging his arrest and detention under the First Amendment, the Due Process Clause of the Fifth Amendment, and the Administrative Procedure Act, and is represented in his federal lawsuit by the 红杏视频 of Virginia, the Center for Constitutional Rights, the HMA Law Firm, and the Immigrants and Non-Citizens Rights Clinic at the CUNY School of Law. For more information, please see the case page. -
Press ReleaseMay 2025
Free Speech
Immigrants' Rights
Third Circuit Rejects Government's Attempt To Move Mahmoud Khalil鈥檚 Habeas Case Out Of New Jersey. Explore Press Release.Third Circuit Rejects Government's Attempt to Move Mahmoud Khalil鈥檚 Habeas Case Out of New Jersey
PHILADELPHIA 鈥� The Third Circuit Court of Appeals today denied the government permission to appeal the issue of where Columbia University student Mahmoud Khalil鈥檚 habeas case should play out. Back in April, the U.S. District Court for the District of New Jersey ruled that it is the proper venue for Mr. Khalil鈥檚 habeas petition, as he was detained there when the petition was filed. The government argued that the venue should lie in Louisiana 鈥� because that is where the government shipped Mr. Khalil and is unlawfully detaining him 鈥� and sought to appeal the district court鈥檚 ruling. In today鈥檚 order, the Third Circuit denied that request. As a result, the case will continue to proceed in the District of New Jersey. The circuit court judges who issued the denial included Judges Stephanos Bibas, a Donald Trump appointee, Thomas Hardiman, a George W. Bush appointee, and Arianna Freeman, who was appointed by Joe Biden. 鈥淚t is the fundamental job of the judiciary to stand up to this kind of government manipulation of our basic rights. We hope the court鈥檚 order sends a strong message to other courts around the country facing government attempts to shop for favorable jurisdictions by moving people detained on unconstitutional immigration charges around and making it difficult or impossible for their lawyers to know where to seek their immediate release,鈥� said Brett Max Kaufman, a senior counsel with the 红杏视频鈥檚 Speech, Privacy, and Technology Project. 鈥嬧�婳n March 8, the Trump administration and Department of Homeland Security (DHS) illegally arrested and detained Mr. Khalil in direct retaliation for his advocacy for Palestinian rights at Columbia University. Shortly after, DHS transferred him 1,400 miles away to a Louisiana detention facility 鈥� ripping him away from his wife and legal counsel. While stuck in detention, he was forced to miss the birth of his first child. Mr. Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, Washington Square Legal Services, the 红杏视频, the New York Civil Liberties Union (NYCLU), and the 红杏视频 of New Jersey. -
Press ReleaseMay 2025
Free Speech
Immigrants' Rights
R眉meysa 脰zt眉rk鈥檚 Legal Team To Urge Appeals Court To Not Delay Student鈥檚 Transfer To Vermont. Explore Press Release.R眉meysa 脰zt眉rk鈥檚 Legal Team to Urge Appeals Court to Not Delay Student鈥檚 Transfer to Vermont
NEW YORK 鈥� The Second Circuit Court of Appeals will hear arguments tomorrow, May 6 at 10 a.m. on whether a federal judge鈥檚 order to transfer R眉meysa 脰zt眉rk to Vermont should be granted or further delayed. Ms. 脰zt眉rk, a former Fulbright scholar and current Tufts University Ph.D. student researching child development, has been held in a Louisiana detention center for over a month 鈥� all in retaliation for co-authoring an op-ed. On March 25, while on the phone with her mom, plainclothes Immigration and Customs Enforcement (ICE) agents surrounded her in Somerville, Massachusetts and arrested her. For nearly 24 hours, Ms. 脰zt眉rk鈥檚 attorney was unable to locate her as ICE quickly and quietly moved her to three separate locations in three different states 鈥� including Vermont 鈥� before sending her to Louisiana. In early April, a federal judge in Massachusetts ruled that the challenge to ICE鈥檚 detention of Ms. 脰zt眉rk should continue in Vermont, not Louisiana. A Vermont judge later agreed that Ms. 脰zt眉rk鈥檚 federal case should continue in Vermont and ordered ICE to transfer her back to a Vermont facility by May 1. The government appealed on April 24. And last week, without ruling on the merits, the appeals court agreed to consider both the government鈥檚 request to keep her in Louisiana and her legal team鈥檚 opposition. Since she arrived in Louisiana, Ms. 脰zt眉rk has lived in a cramped room with poor ventilation and 23 other women for almost all hours of the day. In new filings in her federal court case in Vermont, she says she has suffered several asthma attacks that have 鈥渂ecome progressively harder to recover from鈥� while in detention. Whereas her attacks used to last between 5-15 minutes, they now can last up to 45 minutes. She is regularly exposed to asthma triggers including insect and rodent droppings, and is almost never exposed to fresh air. The new filings also describe difficulty receiving appropriate care in detention, including delays to receive medical care and dismissive comments from medical staff. She has suffered six weeks of a detention that is as harmful as it is unlawful. The Second Circuit will also hear arguments on Tuesday on the government鈥檚 motion to consolidate the cases of R眉meysa 脰zt眉rk and Mohsen Mahdawi, a move both students鈥� legal teams oppose. Ms. 脰zt眉rk is represented in immigration court by Mahsa Khanbabai and Marty Rosenbluth, and in federal court by Mahsa Khanbabai, the 红杏视频, 红杏视频 of Massachusetts, 红杏视频 of Vermont, CLEAR, and Emery Celli Brinckerhoff Abady Ward & Maazel LLP. Audio access to the hearing is available here.