U.S. First Amendment Guarantees on Free Speech

President Donald Trump and Homeland Security Chief Markwayne Mullins at the White House swearing-in ceremony. Canadian Press

 

"I have long admired the United States for its commitment to free speech." 

"Never in a million years did I think that, after criticizing the U.S. government, I would be targeted with a summons seeking to find out who I am, where I live, where I go, and what I read online."  

"You don't have to be from America to know that this is un-American." 

Canadian 'John Doe'  

 

"Plaintiff John Doe uses a pseudonym online and in this lawsuit to protect his privacy and family."

"Doe regularly posts strongly-worded criticisms of President Trump and his policies on [his] social media accounts, including his account on X."

"His posts have collectively received well over 100,000 views."

"The Trump administration continues to attempt to unmask social media users who criticize the administration -- a transparent gambit to chill speech that the government dislikes." 

"Google has the capacity to collect this information and often does." 

American Civil Liberties Union 

 

"When we receive a subpoena, our review process is designed to protect user privacy while meeting our legal obligations."

"We inform users when their accounts have been subpoenaed, unless under legal order not to, or in an exceptional circumstance."

"We review every legal demand and push back against those that are overbroad or improper, including objecting to some entirely." 

Google spokesperson

An unnamed Canadian is suing the U.S. government after they requested their personal data from Google following criticism of U.S. President Donald Trump on 'X.'  CTV News

 

A legal complaint has been filed against the U.S. Department of Homeland Security's Secretary Markwayne Mullin, for the purpose of putting a stop to the U.S. government's move to obtain the plaintiff's information from Google. The American Civil Liberties Union, which has taken up the Canadian's suit, explained that the Department of Homeland Security had issued a summons for those records from Google. This followed an online posting criticizing the killing by federal agents of Renee Good and Alex Pretti in Minneapolis last January. 

 

The man known as Joe Doe for the purpose of the legal complaint is a Canadian citizen. He lives in Canada, has not taken a trip to the United States in the past decade and has no business or meaningful social contacts with anyone residing in the United States. Despite which, the summons to Google to reveal the man's personal information based its demand on a customs enforcement law. 

 

The Department of Homeland Security issued the Google summons in February of 2026, requesting information linked to the Gmail address of Doe's X account, covering a five-month period. The summons seeks disclosure of "vast swaths of information" inclusive of records relating to John Doe's Gmail and associated accounts; his name, where he lives, information on his physical movements, and records in detail  of websites he visits and people he communicates online with. 

 

In addition to disclosure of "any associated names, residential addresses, telephone numbers and credit card numbers or bank account numbers".

 

A man walks by posters of Renee Nicole Good and Alex Pretti, who were both fatally shot by federal agents, in Minneapolis, Saturday, Jan. 31, 2026. (AP Photo/Ryan Murphy)

 

 During the first Trump administration, points out the ACLU, it was the Inspector General of DHS itself that concluded DHS officials had improperly undertaken efforts "to unmask social media users, and Twitter filed a lawsuit challenging the practise", through the same legal basis of customs enforcement. The second time around, pointed out the ACLU, a number of social media users filed actions against administrative subpeonas meant to reveal their identities, with a view to obtaining other information relating to them.

 

The Department of Homeland Security thus challenged, sought to defuse the situation, and in response "DHS has withdrawn several subpeonas subjected to such challenges before a court could fully review them". The ACLU points out that the current lawsuit asks the court to invalidate the John Doe summons to make it "clear that the government may not use its customs enforcement authority to seek to identify and intimidate its critics".