Case: Stanford Daily Publishing Corporation v. Rubio

5:25-cv-06618 | U.S. District Court for the Northern District of California

Filed Date: Aug. 6, 2025

Case Ongoing

Clearinghouse coding in progress

Case Summary

This case challenged the Trump Administration's alleged targeting of noncitizen F-1 student visa holders for deportation and visa revocation based on their constitutionally protected political speech, particularly concerning their views on American and Israeli foreign policy. The Stanford Daily Publishing Corporation alleged that these deportation threats adversely affected its noncitizen staff and impaired the newspaper's ability to engage in journalistic activity. The complaint asserted that …

This case challenged the Trump Administration's alleged targeting of noncitizen F-1 student visa holders for deportation and visa revocation based on their constitutionally protected political speech, particularly concerning their views on American and Israeli foreign policy. The Stanford Daily Publishing Corporation alleged that these deportation threats adversely affected its noncitizen staff and impaired the newspaper's ability to engage in journalistic activity. The complaint asserted that noncitizen writers were engaging in self-censorship due to fears of visa revocation and deportation, especially when reporting on the Israeli-Palestinian conflict. It further alleged that international students ceased speaking on the record with Stanford Daily reporters about topics related to Israel and Palestine.

On August 6, 2025, the Stanford Daily Publishing Corporation and two noncitizen individuals holding F-1 student visas filed this lawsuit in the U.S. District Court for the Northern District of California against the Secretary of State and the Secretary of the U.S. Department of Homeland Security (DHS). Plaintiffs alleged that Defendants' actions violated the First and Fifth Amendments to the U.S. Constitution. Specifically, they challenged two provisions of the Immigration and Nationality Act (INA): (1) the Deportation Provision, which authorizes the Secretary of State to deem noncitizens deportable if their speech "comprises a compelling United States policy interest," and (2) the Revocation Provision, which grants the Secretary discretion to revoke a visa "at any time." Plaintiffs argued that both provisions, as applied to constitutionally protected speech, violated the First Amendment, and that they also violated the Fifth Amendment's Due Process Clause on the grounds of unconstitutional vagueness.

Plaintiffs sought declaratory and injunctive relief, requesting that the Court declare the Deportation and Revocation Provisions unconstitutional under the First and Fifth Amendments. They also sought preliminary and permanent injunctions prohibiting Defendants from revoking visas or initiating deportation proceedings based on noncitizens' protected speech. The case was assigned to U.S. District Judge Noel Wise. 

Plaintiffs subsequently filed a motion for a Preliminary Injunction (PI) enjoining Defendants from revoking the visas and other documentation of Plaintiffs and their noncitizen members based on constitutionally protected speech, and from initiating deportation proceedings on that basis. Plaintiffs also moved for preliminary factual findings and legal conclusions declaring the Deportation and Revocation Provisions unconstitutional as applied to the speech of noncitizens protected under the First Amendment. 

The case is ongoing. 

Summary Authors

Emma Vayda (8/7/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71038037/parties/stanford-daily-publishing-corporation-v-rubio/


Attorney for Plaintiff

Fitzpatrick, Conor T. (California)

Hout, Marc Van (California)

McDonell, Colin Patrick (California)

Zahn, Daniel (California)

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Documents in the Clearinghouse

Document
1

5:25-cv-06618

Verified Complaint for Declaratory and Injunctive Relief

Aug. 6, 2025

Aug. 6, 2025

Complaint
11

5:25-cv-06618

Notice of Motion and Motion for Preliminary Injunction and Preliminary Factual Findings and Legal Conclusions

Aug. 6, 2025

Aug. 6, 2025

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71038037/stanford-daily-publishing-corporation-v-rubio/

Last updated Aug. 21, 2025, 11:46 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Kristi Noem, Marco Rubio ( Filing fee $ 405, receipt number ACANDC-20976625.). Injunction against the US government/official or APA vacatur requested. Filed by Stanford Daily Publishing Corporation, John Doe, Jane Doe. (Van Der Hout, Marc) (Filed on 8/6/2025) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

RECAP
10

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-20976661.) filed by Stanford Daily Publishing Corporation, Jane Doe, John Doe. (Zahn, Daniel) (Filed on 8/6/2025) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

PACER
11

MOTION for Preliminary Injunction and Preliminary Factual Findings and Legal Conclusions filed by Stanford Daily Publishing Corporation, Jane Doe, John Doe. Responses due by 8/20/2025. Replies due by 8/27/2025. (Attachments: # 1 Proposed Order)(Van Der Hout, Marc) (Filed on 8/6/2025) (Entered: 08/06/2025)

1 Proposed Order

View on PACER

Aug. 6, 2025

Aug. 6, 2025

RECAP
12

Declaration in Support of 11 MOTION for Preliminary Injunction and Preliminary Factual Findings and Legal Conclusions filed byStanford Daily Publishing Corporation, Jane Doe, John Doe. (Related document(s) 11 ) (Van Der Hout, Marc) (Filed on 8/6/2025) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

RECAP
13

EXHIBITS re 12 Declaration in Support, Exhibits A-I filed byStanford Daily Publishing Corporation, Jane Doe, John Doe. (Related document(s) 12 ) (Van Der Hout, Marc) (Filed on 8/6/2025) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

RECAP
14

EXHIBITS re 12 Declaration in Support, Exhibits J-O filed byStanford Daily Publishing Corporation, Jane Doe, John Doe. (Related document(s) 12 ) (Van Der Hout, Marc) (Filed on 8/6/2025) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

RECAP
15

Case assigned to District Judge Noel Wise. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (ark, COURT STAFF) (Filed on 8/6/2025) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

PACER
16

ORDER granting 10 Motion for Pro Hac Vice re attorney Daniel Zahn by Judge Noel Wise. (akw, COURT STAFF) (Filed on 8/6/2025) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

PACER
17

ORDER granting 9 Motion for Pro Hac Vice attorney Conor Fitzpatrick by Judge Noel Wise. (akw, COURT STAFF) (Filed on 8/6/2025) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

PACER
18

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/28/2025. Initial Case Management Conference set for 11/4/2025 09:00 AM in San Jose, Courtroom 3, 5th Floor. (hdj, COURT STAFF) (Filed on 8/6/2025) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

PACER
19

Summons Issued as to Kristi Noem, Marco Rubio, (Attachments: # 1 Summons)(hdj, COURT STAFF) (Filed on 8/6/2025) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

PACER
2

ADMINISTRATIVE MOTION TO PROCEED PSEUDONYMOUSLY filed by Jane Doe, John Doe. Responses due by 8/11/2025. (Attachments: # 1 Proposed Order)(Van Der Hout, Marc) (Filed on 8/6/2025) (Entered: 08/06/2025)

1 Proposed Order

View on PACER

Aug. 6, 2025

Aug. 6, 2025

RECAP
3

Proposed Summons. (Van Der Hout, Marc) (Filed on 8/6/2025) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

PACER
4

Proposed Summons. (Van Der Hout, Marc) (Filed on 8/6/2025) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

PACER
5

Certificate of Interested Entities by Stanford Daily Publishing Corporation (Van Der Hout, Marc) (Filed on 8/6/2025) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

PACER
6

Certificate of Interested Entities by Jane Doe (Van Der Hout, Marc) (Filed on 8/6/2025) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

PACER
7

Certificate of Interested Entities by John Doe (Van Der Hout, Marc) (Filed on 8/6/2025) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

PACER
8

NOTICE of Appearance filed by Colin Patrick McDonell on behalf of Stanford Daily Publishing Corporation, Jane Doe, John Doe (McDonell, Colin) (Filed on 8/6/2025) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

PACER
9

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-20976659.) filed by Stanford Daily Publishing Corporation, Jane Doe, John Doe. (Fitzpatrick, Conor) (Filed on 8/6/2025) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

PACER

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Aug. 6, 2025

Aug. 6, 2025

PACER

~Util - Case Assigned by Intake

Aug. 6, 2025

Aug. 6, 2025

PACER

Case Referred to Magistrate Judge for Discovery

Aug. 6, 2025

Aug. 6, 2025

PACER

CASE REFERRED to Magistrate Judge Virginia K. DeMarchi for Discovery. (smc, COURT STAFF) (Filed on 8/6/2025)

Aug. 6, 2025

Aug. 6, 2025

PACER
20

SUMMONS Returned Executed by Stanford Daily Publishing Corporation, John Doe, Jane Doe. Marco Rubio served on 8/8/2025, answer due 8/29/2025. (Fitzpatrick, Conor) (Filed on 8/11/2025) (Entered: 08/11/2025)

Aug. 11, 2025

Aug. 11, 2025

PACER
21

SUMMONS Returned Executed by Stanford Daily Publishing Corporation, John Doe, Jane Doe. Kristi Noem served on 8/8/2025, answer due 8/29/2025. (Fitzpatrick, Conor) (Filed on 8/11/2025) (Entered: 08/11/2025)

Aug. 11, 2025

Aug. 11, 2025

PACER
22

CERTIFICATE OF SERVICE by Stanford Daily Publishing Corporation, Jane Doe, John Doe re 12 Declaration in Support, 18 Initial Case Management Scheduling Order with ADR Deadlines, 17 Order on Motion for Pro Hac Vice, 2 ADMINISTRATIVE MOTION TO PROCEED PSEUDONYMOUSLY, 4 Proposed Summons, 5 Certificate of Interested Entities, Case Referred to Magistrate Judge for Discovery, 14 Exhibits, 8 Notice of Appearance/Substitution/Withdrawal of Attorney, 15 Case Assigned by Intake,, 13 Exhibits, 6 Certificate of Interested Entities, 7 Certificate of Interested Entities, 16 Order on Motion for Pro Hac Vice, 3 Proposed Summons, 11 MOTION for Preliminary Injunction and Preliminary Factual Findings and Legal Conclusions (Fitzpatrick, Conor) (Filed on 8/11/2025) (Entered: 08/11/2025)

Aug. 11, 2025

Aug. 11, 2025

PACER
23

NOTICE by Stanford Daily Publishing Corporation, Jane Doe, John Doe re 11 MOTION for Preliminary Injunction and Preliminary Factual Findings and Legal Conclusions (Attachments: # 1 Declaration of Garry Kasparov, # 2 Declaration of Uriel Epshtein)(Fitzpatrick, Conor) (Filed on 8/11/2025) (Entered: 08/11/2025)

1 Declaration of Garry Kasparov

View on RECAP

2 Declaration of Uriel Epshtein

View on RECAP

Aug. 11, 2025

Aug. 11, 2025

PACER
24

STIPULATION WITH PROPOSED ORDER re 11 MOTION for Preliminary Injunction and Preliminary Factual Findings and Legal Conclusions filed by Stanford Daily Publishing Corporation, Jane Doe, John Doe. (Fitzpatrick, Conor) (Filed on 8/18/2025) (Entered: 08/18/2025)

Aug. 18, 2025

Aug. 18, 2025

RECAP
25

ORDER DENYING 24 Stipulation to Extend Time and Set Briefing Schedule for Plaintiffs' Motion for Preliminary Injunction and Preliminary Factual Findings and Legal Conclusions signed by Judge Noel Wise. (akw, COURT STAFF) (Filed on 8/18/2025) (Entered: 08/18/2025)

Aug. 18, 2025

Aug. 18, 2025

RECAP
26

STIPULATION WITH PROPOSED ORDER re 11 MOTION for Preliminary Injunction and Preliminary Factual Findings and Legal Conclusions filed by Stanford Daily Publishing Corporation, Jane Doe, John Doe. (Fitzpatrick, Conor) (Filed on 8/19/2025) (Entered: 08/19/2025)

Aug. 19, 2025

Aug. 19, 2025

RECAP
27

Order AND ~Util - Set Deadlines/Hearings AND ~Util - Terminate Motions

Aug. 20, 2025

Aug. 20, 2025

PACER

Case Details

State / Territory: California

Case Type(s):

Speech and Religious Freedom

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Immigration Enforcement)

Trump Administration 2.0: Challenges to the Government (Visa revocation)

Key Dates

Filing Date: Aug. 6, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Stanford Daily Publishing Corporation, a student-run newspaper of Stanford University, and two noncitizens holding F-1 student visas.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Secretary of State (- United States (national) -), Federal

Secretary of the U.S. Department of Homeland Security (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Deportation - criteria

Visas - criteria