Victory! Court Rejects Government Effort to Dismiss Social Media Surveillance Lawsuit

NEW YORK — A lawsuit filed by three labor unions against the Departments of State and Homeland Security for their viewpoint-based surveillance and suppression of protected expression online can move forward, a federal judge ruled yesterday. On October 1, 2026, Judge Alvin K. Hellerstein of the U.S. District Court for the Southern District of New York rejected the government’s motion to dismiss the lawsuit. The case was filed in October 2025 on behalf of the United Automobile Workers (UAW), Communications Workers of America (CWA), and American Federation of Teachers (AFT). The Electronic Frontier Foundation (EFF), Muslim Advocates (MA), and the Media Freedom & Information Access Clinic (MFIA) represent the labor unions. This decision is a victory: The Court held that claims that the government’s social media surveillance program is harming the unions’ members, as well as hampering the ability of the unions to associate with their members and potential members, can move forward. The Court ruled that: "This threat of adverse immigration consequences, under a government whose harsh immigration crackdowns has been heavily publicized and reported on, is certainly enough to 'd...