Academic Freedom and National Security

Trump v. Hawaii, 199 L.Ed.2d 620 (U.S. 2018)

The AAUP joined with the American Council on Education and other higher education groups in submitting an amicus brief on March 28, 2018, to the US Supreme Court opposing the Trump administration’s recent proclamation instituting a travel ban. The current iteration of the travel ban, introduced on September 24, 2017, places restrictions on entry to the United States from Iran, Libya, Syria, Yemen, Somalia, Chad, North Korea, and Venezuela. The amicus brief argues that the new travel ban “jeopardizes the many contributions that foreign students, scholars, and researchers make to American colleges and universities, as well as our nation’s economy and general well-being.” The Supreme Court will hear oral argument on April 25, 2018, with a decision expected to be released in late June.

Trump v. Int'l Refugee Assistance Project, 137 S. Ct. 2080, 198 L. Ed. 2d 643 (June 26, 2017) (No. 16-1436)(granting cert and granting stay in part), 138 S. Ct. 353, 199 L. Ed. 2d 203, (Oct. 10, 2017)(Vacating judgement as moot)

The AAUP joined with the American Council on Education and other higher education groups in an amicus brief to the US Supreme Court opposing the Trump administration’s Executive Order instituting a travel ban. We argue that people from the six countries identified in the ban should not be barred or deterred from entering the United States and contributing to our colleges and universities. The brief emphasized the significant value of foreign academics and the international exchange of scholarly work, and explained that “the EO jeopardizes the vital contributions made by foreign . . . . scholars, and faculty by telling the world in the starkest terms that American colleges and universities are no longer receptive to them.” On June 26, 2017, the Supreme Court upheld a stay of the ban for travelers and refugees who have a “credible claim” of a genuine relationship with an individual or institution in the United States. In October 2017, after the travel ban expired by its own terms, the Supreme Court vacated the lower court cases as moot.

ASA, AAUP, AAADC, BCPR, and Habib v. Secretaries of Homeland Security and State, 588 F. Supp. 2d 166 (D. Mass. 2008)

The AAUP joined several other organizations in filing suit against the Secretary of the Department of Homeland Security and Secretary of State, challenging the American consul in South Africa's denial of Professor Habib’s application for a non-immigrant visa on the ground he “engaged in terrorism” and thus was ineligible for a visa.

John Doe, Inc. v. Mukasey, 549 F.3d 861 (2d Cir. 2008 )

The plaintiffs, an internet service provider and others challenged the constitutionality of National Security Letters and their accompanying “gag orders.”  

ACLU v. NSA, 493 F.3d 644 (6th Cir. 2007 )

Following 9/11, the  National Security Agency (NSA) undisputedly eavesdropped without warrants international telephone and e-mail communications in which at least one of the parties was “reasonably” suspected of al Qaeda ties.  Prominent journalists, scholars, attorneys and national nonprofit organizations who frequently communicate by phone and e-mail with people in the Middle East filed suit, argued that the NSA wiretapping program violates their First Amendment rights by impairing their ability to obtain information from sources abroad, conduct scholarship, and engage in advocacy. 

AAUP, AAR, PEN Center, & Ramadan v. Secretaries of State and Homeland Security, 463 F. Supp. 2d 400 (S.D.N.Y. 2006 )

The AAUP, American Academy of Religion, and PEN American Center filed an action against the Secretary of the Department of Homeland Security and the Secretary of State, challenging the exclusion Professor Tariq Ramadan from entering the United States to accept speaking invitations extended by the AAUP and other scholarly organizations.

ACLU, AAUP, & Pen American Center v. Department of State, Department of Homeland Security, Department of Justice, and Central Intelligence Agency ,)

On November 10, 2005, the AAUP joined the American Civil Liberties Union and PEN American Center as plaintiffs seeking the prompt release of records under a Freedom of Information Act request from the U.S. Departments of State, Justice, and Homeland Security and the Central Intelligence Agency.