US Court Lets Lawsuit Over Government Social Media Surveillance Proceed

A federal judge on October 1 denied the government's motion to dismiss, allowing a lawsuit over a government social media surveillance program to proceed.

The United Automobile Workers (UAW), Communications Workers of America (CWA) and American Federation of Teachers (AFT) sued the Departments of State and Homeland Security in October 2025, alleging the program uses AI and other automated tools to monitor the social media accounts of visa and green card holders and punish disfavored viewpoints, in violation of the First Amendment. The Electronic Frontier Foundation (EFF), a digital rights legal organization, represents the unions.

Judge Alvin K. Hellerstein of the Southern District of New York wrote that, given the government's heavily publicized immigration crackdowns, it is objectively reasonable that noncitizens would limit their expression under the program. The court held that claims that members have changed how they use social media can move forward.

This is a procedural win only: the court has not found the surveillance unlawful, and the case now heads to the merits. EFF has published the opinion.