Tech researchers are suing the Trump administration over the future of online safety
Since its earliest days back in office, the Trump administration has been going after researchers who study and try to counter hate speech, harassment, propaganda, and disinformation online. Now, some of those researchers are fighting back. Last week their lawsuit—which could have global repercussions for online safety and free speech—made its first appearance in court. This fight started a year ago, when US Secretary of State Marco Rubio announced on X what he called a “visa restriction policy” against “foreign officials and other persons” who were “complicit in censoring Americans.” Since then, a handful of foreign officials and researchers have been barred from travel to the US, and in theory, anyone working in fact-checking or online trust and safety more broadly could face the same restrictions. Still, the exact implications of Rubio’s announcement are unclear—purposefully so, argues Carrie DeCell, a lawyer representing the researchers. “This policy is expansive and incredibly vague, and the chilling effects are correspondingly enormous,” DeCell said outside the courthouse in Washington, DC, on May 13. The case has been brought by the Coalition for Independent Technology Research (CITR), an advocacy organization for tech researchers. It is suing Rubio, former US secretary of homeland security Kristi Noem, and former US attorney general Pam Bondi and asking the court to strike down the policy as unconstitutional. In their complaint, the plaintiffs say the policy violates the speech and due process rights of foreign-born tech researchers and workers whose “work supports greater moderation of content on the [tech] platforms.” CITR is represented by Columbia University’s Knight First Amendment Institute and the legal nonprofit Protect Democracy. DeCell, a senior staff attorney at the Knight Institute, tells MIT Technology Review that they’re in court because the Trump administration is effectively “using immigration law to punish people for expressing views that it disagrees with.” This story is part of MIT Technology Review’s “America Undone” series, examining how the foundations of US success in science and innovation are currently under threat. You can read the rest here. Most immediately, the plaintiffs are asking the government to halt these visa restrictions while the case proceeds. Zachariah Lindsey, the assistant US attorney representing Rubio and the other defendants, argued in last week’s hearing that the government is not targeting speech but, rather, “conduct [that] is assisting or facilitating foreign government censorship of free speech.” At the end of the week, the government filed a motion to dismiss the case. The judge has yet to rule on either motion, and his questions so far appeared to focus on parsing what (and who) is actually affected by the State Department’s announcements, as well as other procedural issues. The outcome of the case may ultimately affect how much the public knows about the risks of social media and AI, says Nicole Schneidman, head of Protect Democracy’s technology and data governance team. The workers bringing this suit, she says, “serve a really, really important function in educating the public, holding tech companies accountable, doing research on the ramifications that advanced technology has on our society.” “A political witch hunt” CITR’s lawsuit is the latest salvo in a yearslong battle over how the internet should be moderated, and by whom—a question that has become increasingly political and entangled in allegations of censorship. For years, Trump and his allies have claimed to be victims of a vast conspiracy between government agencies, civil society groups, academics, and Big Tech platforms to specifically censor conservative voices online. According to this narrative, a so-called “censorship-industrial complex” helped the Biden administration subvert First Amendment protections on speech by allegedly outsourcing censorship to these groups. The State Department claims Rubio was able to implement the immigration policy because the Immigration and Nationality Act authorizes him to “render inadmissible any alien whose entry into the United States ‘would have potentially serious adverse foreign policy consequences for the United States.’” Before the current Trump administration, the statute was rarely invoked, and when it was, it was typically with more limited, specific criteria, rather than its current application against anyone who has participated in alleged censorship—an action that has no legal definition. The administration first deployed the policy in July 2025, when Rubio issued a statement announcing the revocation of visas for Alexandre de Moraes, the lead justice on the Brazilian Supreme Federal Court, and “his allies on the court” who were involved in prosecuting Jair Bolsonaro, Brazil’s former president. The prosecution was a “political witch hunt,” said Rubio, calling it evidence of a “censorship complex so sweeping that it not only violates basic rights of Brazilians, but also … targets Americans.” Then, in early December, the State Department issued instructions to embassies to reject H-1B visa applications from individuals who had worked specifically in fact-checking, online trust and safety, and mis- or disinformation research, as Reuters first reported. A few weeks later, on December 23, the agency announced visa restrictions for five Europeans whom it accused of censoring Americans. This included two CITR members: Imran Ahmed, founder and CEO of the Center for Countering Digital Hate, which documents hate speech on social media platforms, and Clare Melford, cofounder of the Global Disinformation Index, which ranks websites according to how often they publish hate speech and disinformation. Also banned were the former European Union commissioner Thierry Breton, a key architect of the European Union’s Digital Services Act (which the State Department has called “Orwellian” and an example of censorship), and Josephine Ballon and Anna-Lena von Hodenberg, co-CEOs of HateAid, a German nonprofit that fights online hate speech. Ahmed, who lives in the US with his American wife and child, quickly filed his own lawsuit to stave off deportation and halt the policy. A preliminary injunction preventing his detention and deportation is in place as the lawsuit continues. The Department of Homeland Security referred questions from MIT Technology Review to the State Department, which referred “specific questions” to the Department of Justice, while also writing that “the Trump Administration believes that aliens who are or were involved or complicit in censoring
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