Appeals

Appeals court rules Florida Stop WOKE Act violates free speech

Gov. Ron DeSantis of Florida speaks during a roundtable event in March in the East Room of the White House in Washington, D.C. On Tuesday, a U.S. Court of Appeals ruled that the De-Santis-championed Stop WOKE Act violates free speech. File Photo by Aaron Schwartz/UPI | License Photo

July 7 (UPI) — A federal panel of appeals court judges ruled Tuesday that the Stop WOKE Act championed by Florida Gov. Ron DeSantis violates the free speech of professors and is a “breathtaking assertion of power.”

The Florida law restricted how professors can teach, especially when speaking about gender and race, in colleges and universities. The U.S. Court of Appeals for the 11th Circuit ruled 2-1 to support a 2022 decision that called the law “positively dystopian,” Politico reported.

The court Tuesday went further, saying the act is a “breathtaking assertion of power to ban unpopular ideas from public discourse in the very places the state’s own statutes recognize as centers of inquiry — classrooms where students are trusted to puzzle through ideas that are good and bad, easy and hard, ideally getting ever closer to the truth.”

“If the First Amendment offers any boundary of protection at all for public university classrooms, this statute crosses it,” the ruling said.

Judge Britt C. Grant wrote the opinion, joined by Judge Charles R. Wilson. Judge Barbara Lagoa, however, wrote a dissent saying the First Amendment “does not compel all viewpoints to be worthy of state-sponsored endorsement.”

The Florida Legislature approved the act, also called the Individual Freedom Act, in 2022. The state has been fighting it in court ever since.

The lawsuits that led to the ruling Tuesday were brought by the Foundation for Individual Rights and Expression, a student free-speech group, and the American Civil Liberties Union, ACLU of Florida and Legal Defense Fund.

FIRE senior attorney Greg Greubel said the decision “means that college remains a place where professors and students are allowed to debate controversial topics — even if politicians disagree with them.”

DeSantis’ office did not immediately respond to a request for comment Tuesday, Politico said. Florida Attorney General James Uthmeier praised Lagoa on social media, saying she “may be the best jurist in our country” and should be on the U.S. Supreme Court.

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France appeals court opens door for Le Pen presidential run, with ankle tag | Courts News

BREAKING,

Appeals court rules the far-right leader ineligible to hold public office for 45 months.

A French appeals court has opened the door for far right leader Marine Le Pen to potentially run in the 2027 presidential election but said she must wear an electronic tag.

A Paris appeals court on Tuesday ruled Le Pen guilty of misusing public funds but reduced the ban on her holding elected office to 45 months, with 30 suspended.

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She must now decide whether campaigning in 2027 with a monitoring bracelet as part of her sentence to be served at home is possible.

A lower court last year sentenced Le Pen, 57, to a five-year ban from public office and two years in prison over a fake jobs scam at the European Parliament.

The three-time presidential candidate hopes to run in the race to replace outgoing centrist President Emmanuel Macron in 2027.

Le Pen has said that if the sentence prevented her from campaigning, she would hand the reins over to her 30-year-old lieutenant, Jordan Bardella, leader of their National Rally (RN) party.

More to come…

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Federal appeals court allows the Trump administration to resume expanded use of speedy deportations

A federal appeals court on Tuesday allowed the Trump administration to resume carrying out speedy deportations of undocumented migrants throughout the United States, not just near the border.

A divided three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit threw out a lower court ruling that temporarily blocked President Trump’s expanded use of expedited removal. The ruling was a big victory for the Republican administration, which views the expansion of so-called expedited removal as a key tool for carrying out its mass deportation policy.

An attorney for the plaintiffs said the ruling “undermines the fundamental principle that people receive due process when the government seeks to deport them.”

“The Trump administration’s push for fast-track deportations will subject people to an unfair and error-prone system,” Anand Balakrishnan, senior staff attorney with the ACLU’s Immigrants’ Rights Project, said in a statement.

Trump appointed the two judges in the majority in Tuesday’s decision. The third was appointed by President Obama, a Democrat.

The plaintiffs had not “shown that the expedited-removal process denies its members notice and an opportunity to be heard,” Judge Justin R. Walker, one of the Trump appointees, wrote.

Expedited removal — quick deportation without a chance to appear before a judge — has previously been applied to migrants arriving by sea or caught at or near the border shortly after crossing.

In January, Trump expanded its use to undocumented migrants all over the U.S. Immigration agents began whisking migrants away from courthouses where they had gone for immigration proceedings and then removing them from the country within days.

U.S. District Judge Jia Cobb ruled in August that plaintiffs challenging the expansion had made a “strong showing” that it was trampling on people’s due-process rights, and she issued a stay order putting the policy on hold. Cobb was appointed to the federal bench by President Biden, a Democrat.

Many migrants living deep in the U.S. have been in the country for more than two years, making them ineligible for expedited removal under federal law. Cobb said the administration had not developed procedures to ensure they and other groups of migrants were not wrongly deported under the expedited process.

The plaintiffs had put forward “substantial evidence” that the expedited removal process, on the contrary, carried a high risk of error when applied more broadly, Cobb said. The ruling cited examples of people who had lived in the U.S. for far longer than two years but were still ordered to be removed in expedited proceedings.

The Trump administration appealed, arguing in a court filing that its expansion was legal, and protections were in place to prevent arbitrary removal.

Cobb’s ruling was an “egregious error” that was depriving the administration of an “essential tool to combat the unprecedented surge of illegal immigration over the past few years” and efficiently deport potentially millions of people, Justice Department attorneys argued in the October filing.

Thanawala writes for the Associated Press.

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Trump administration can replace Washington slavery exhibit in Philadelphia, appeals court says

The Trump administration can replace a slavery exhibit at George Washington’s home in Philadelphia, a federal appeals court panel said Thursday, striking down a lower court’s injunction that required the National Park Service to reinstall the interpretive panels.

The unanimous ruling by the three-judge panel of the 3rd U.S. Circuit Court of Appeals said a lower court judge wrongly interpreted Philadelphia’s contract claims involving Independence National Historical Park, saying the city merely having standing to sue did not mean its arguments had merit. The panel also praised the plans for the replacement installation, writing that they were “full of historical context,” despite objections from historians and city officials that the content appears whitewashed.

The ruling comes a week after a Massachusetts federal judge ordered the Trump administration to restore sites changed under an executive order calling for the nation’s museums, parks and landmarks to not display elements that “inappropriately disparage Americans past or living.” The federal government has asked for a stay on that ruling while it appeals.

It was unclear how the Massachusetts ruling would affect the restoration or replacement of the panels at the President’s House Site. About half the large panels at the outdoor exhibit had been restored before a February pause in the work.

Messages to spokespeople for the Department of Interior and the National Park Service were not returned.

In a statement on Instagram late Thursday, Philadelphia Mayor Cherelle Parker vowed to pursue legal avenues to reverse the decision.

“We cannot and WILL not rest until the full story of American history – including the existence of Slavery at the President’s House here in Philadelphia – is told, for our Nation and the World to see,” she wrote.

Dawn Chavous, a volunteer for Avenging the Ancestors Coalition, one of the advocacy groups that helped develop the site in the 2000s, said they are disappointed with the decision but are speaking to their attorneys and considering options.

“For decades, ATAC has worked to ensure that the stories of the enslaved African descendants who lived and labored at the President’s House are not erased, overlooked, or misrepresented,” the group said in an emailed statement. “That commitment remains unwavering. We believe that historical truth matters, and we will continue to advocate for the protection, preservation, and accurate interpretation of this important chapter of American history.”

The city of Philadelphia sued in January after the National Park Service, in response to President Trump’s executive order, removed the explanatory panels from the President’s House Site, where George and Martha Washington lived with nine of their slaves in the 1790s, when Philadelphia was briefly the nation’s capital.

The city had worked in tandem with the federal government, historians and private partners to create the exhibit in the early 2000s — as part of a longstanding cooperation agreement over the downtown historical park — and contributed $1.5 million toward its creation.

The city argued that the federal government must consult with the city before making changes to the President’s House Site. Justice Department lawyers argued the administration alone can decide what stories are told at National Park Service properties.

In its ruling Thursday, the appeals panel said the maintenance portion of the contract between the city and the federal government could not be interpreted to mean the site would remain as it was when it was completed.

“The duty to ‘maintain’ is better understood as a general management obligation that accompanies ownership, not a promise that the exhibits will forever remain in place regardless of the owner’s wishes,” the opinion said.

Casey and Lauer write for the Associated Press. Casey contributed to this report from Boston.

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British Court of Appeals upholds Palestine Action ban

June 15 (UPI) — The British Court of Appeals ruled Monday that the ban on the pro-Palestine organization Palestine Action is lawful and upheld its designation as a terrorist organization.

The five judges on the Court of Appeals ruled that the ban on the organization under the Terrorism Act is “justified and proportionate.” The proscription of Palestine Action as a terrorist organization makes supporting the group punishable by up to 14 years in prison.

More than 2,500 members of the group have been arrested.

Huda Ammori, the co-founder of Palestine Action who originally challenged the ban in court, said she plans to appeal the ruling in the British Supreme Court.

“We will fight this all the way,” Ammori said. “We will seek permission to appeal to the Supreme Court and, if need be, take this to the European Court of Human Rights.”

Palestine Action has remained banned since February, despite the High Court in London ruling that it is disproportionate and an unlawful violation of free speech rights.

“The future threats and risks posed to third-party individuals and property by Palestine Action are perhaps the most important factors to weigh in the balance,” Sue Carr, chief justice, read from the appeals court’s ruling. “In that connection, it is important to understand that the home secretary is in the best position to assess those future threats and risks. She is advised by experts on anti-terrorism.”

Carr acknowledged that the ruling may chill free speech and may deter people from lawfully assembling to protest Israel’s actions in Gaza or show support for Palestinians.

Non-government organizations, including Liberty, Human Rights Watch, Amnesty International UK and Greenpeace, said Monday’s ruling is a misuse of counter-terrorism authority.

Troops in landing craft approach Omaha Beach on D-Day in Normandy, France, on June 6, 1944. D-Day was the largest seaborne invasion in history and turned the tide of World War II. Photo by UPI | License Photo

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Pentagon policy illegally banned transgender troops from military service, appeals court panel rules

A Trump administration policy illegally banned transgender troops from military service, a divided panel of federal appeal court judges ruled on Monday.

The majority opinion by a three-judge panel from the U.S. Court of Appeals for the District of Columbia circuit largely upholds a March 2025 ruling by U.S. District Judge Ana Reyes in Washington, D.C. Reyes concluded that President Trump’s executive order to exclude transgender troops from military service likely violates their constitutional rights.

The administration appealed after Reyes issued a preliminary injunction requested by attorneys for six transgender people who are active-duty service members and two others seeking to join the military. The appeal court’s majority decided that the injunction should be narrowed to the plaintiffs currently serving in the military but not those seeking to join.

The ruling won’t immediately go into effect, allowing the administration time to ask the full appeals court to hear the case.

The U.S. Supreme Court allowed the transgender military ban to go into effect last year, as litigation continues to play out. Another lawsuit challenging the ban was filed in Washington state and led to a ruling in favor of the plaintiffs challenging the policy in that case.

In January 2025, Trump signed an executive order that claims the sexual identity of transgender service members “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life” and is harmful to military readiness.

In response to the order, Defense Secretary Pete Hegseth issued a policy that presumptively disqualifies people with gender dysphoria from military service. Gender dysphoria is the distress that a person feels because their assigned gender and gender identity don’t match. The medical condition has been linked to depression and suicidal thoughts.

The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins wrote for the majority. Wilkins was nominated to the court by Democratic President Obama.

In a dissenting opinion, Judge Justin Walker said judges lack the power to second-guess the decision to exclude transgender troops.

“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the Commander in Chief,” wrote Walker, who was nominated by Trump, a Republican.

Judge Judith Rogers, who was nominated by Democratic President Clinton, joined Wilkins’ opinion but also partially dissented.

Kunzelman and Whitehurst write for the Associated Press.

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Pro-Palestinian activist Mahmoud Khalil wants Supreme Court to weigh in on deportation fight

Former Columbia University graduate student Mahmoud Khalil will ask the U.S. Supreme Court to intervene after a federal appeals court on Friday declined to reconsider a decision that put the government a step closer to deporting him, the pro-Palestinian activist’s lawyers said.

Judges on the 3rd U.S. Circuit Court of Appeals in Philadelphia voted 6-5 against having the court’s full complement of judges review the ruling. In January, a three-judge 3rd Circuit panel found that a federal judge in New Jersey who had sided with Khalil and ordered his release last year from immigration detention didn’t have jurisdiction to decide the matter.

The American Civil Liberties Union, which is involved in representing Khalil, said his lawyers will ask the 3rd Circuit for an order preventing the decision from taking effect — and barring Khalil from being detained or deported — while it asks the Supreme Court to take up the case.

An appeal to the high court is expected in the coming months, possibly in late summer.

“Today’s decision is not the final word, and we still strongly believe in our arguments going forward,” ACLU senior counsel Brett Max Kaufman said in a statement.

In its January ruling, the 3rd Circuit found that Khalil’s lawsuit challenging his detention and U.S. District Judge Michael Farbiarz’s subsequent rulings in the case were premature because federal law requires that such challenges first move through the separate immigration court system. That system is part of the Justice Department, not the judicial branch.

The decision didn’t decide the key issue in Khalil’s case: whether the Trump administration’s effort to throw Khalil out of the U.S. over his campus activism and criticism of Israel is unconstitutional.

Judge Cheryl Ann Krause, who had voted for the 3rd Circuit to review the decision, wrote in a dissent that the court was “abdicating our duty to meaningfully review Khalil’s constitutional claims. The Judicial Branch, she wrote, cannot fulfill its role as a check on the other branches of government, “if we write ourselves out of relevance and leave the Executive Branch to check itself.”

Khalil, 31, has also appealed to the 5th U.S. Circuit Court of Appeals in Louisiana, where he was detained, after the Board of Immigration Appeals upheld his removal order.

Through his lawyers, Khalil argued that the immigration judge who issued the order failed to consider relevant evidence and wrongly upheld a charge that he had misrepresented information on his application for legal permanent resident status. That charge, Khalil’s lawyers said, was brought in retaliation for his protest activity.

The immigration judge suggested Khalil could be deported to Algeria, where he maintains citizenship through a distant relative, or Syria, where he was born in a refugee camp to a Palestinian family. Khalil’s lawyers have said he would face mortal danger if forced to return to either country.

An outspoken leader of the pro-Palestinian movement at Columbia, Khalil was arrested in March 2025. He then spent three months detained in a Louisiana immigration jail, missing the birth of his child.

Federal officials have accused Khalil of leading activities “aligned to Hamas,” though they have not presented evidence to support the claim and have not accused him of criminal conduct. They also accused Khalil of failing to disclose information on his green card application.

Khalil has dismissed the allegations as “baseless and ridiculous,” framing his arrest and detention as a “direct consequence of exercising my right to free speech as I advocated for a free Palestine and an end to the genocide in Gaza.”

The government justified the arrest under a seldom-used statute that allows for the expulsion of noncitizens whose beliefs are deemed to pose a threat to U.S. foreign policy interests. In June 2025, Farbiarz ruled that justification would likely be declared unconstitutional and ordered Khalil released.

President Trump’s administration appealed that ruling, arguing the deportation decision should fall to an immigration judge, rather than a federal court. The 3rd Circuit ruled 2-1 in the administration’s favor.

Judge Emil Bove, who was involved in investigating student protesters while a top Justice Department official, did not participate in the 3rd Circuit vote on whether to review the decision. He later issued an order denying a request by Khalil’s lawyers that he step aside from the matter, calling it moot.

Sisak writes for the Associated Press. AP writer Lindsay Whitehurst contributed to this report.

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