DOJ argues the plaintiffs' First Amendment challenge fails
United States Department of JusticeDOJ counsel representing the federal defendants
DOJ argues that the plaintiffs' First Amendment challenge to the two statutes fails.
“Second, Plaintiffs’ First Amendment challenges fail.”
Original text
Where this statement fits
Rubio appeals Stanford Daily's protected-speech ruling; FIRE defends it
The Stanford Daily and Jane Doe challenged immigration provisions used against protected expression. Judge Noel Wise granted declaratory relief limited to the challenged statutory portions. Federal defendants appealed on October 14, 2026; the plaintiffs defend the ruling.
Source and context
Original text
About this source
The government argues that the challenged statutes have broad legitimate uses and that the plaintiffs have not established a valid facial challenge.
Before the quotation
The brief responds to the plaintiffs' request to declare two statutes unconstitutional.
After the quotation
The brief argues that the statutes' broad legitimate uses defeat the plaintiffs' facial challenge.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The case concerns the government's asserted authority. The merits brief expressly defends the challenged statutory powers and asks the court to reject the speech-based challenge.
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More from this case
Read the full casePorteous opposes fear of deportation for reporting
“shouldn’t have to fear that writing a story will result in their deportation”Read statement
FIRE says government cannot punish protected speech
Foundation for Individual Rights and Expression
“The government cannot punish people for protected speech”Read statement
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The Dispute Index. "DOJ argues the plaintiffs' First Amendment challenge fails". First published: 2026-10-25. Last updated: 2026-10-25. https://disputeindex.com/events/6811-doj-argues-that-the-plaintiffs-first-amendment-challenge