
Jon Batiste on the Joy of Black Music
February 23, 2023
Today, weāre digging into the archives and sharing one of our most celebratory episodes, because we all need a little joy, right? Please enjoy former Ķųŗģ±¬ĮĻ staff attorney Lizzy Watson and her conversation with award-winning artist, Jon Batiste.
You may have seen him on āThe Late Show With Stephen Colbertā where heās been the music director and bandleader since 2015. You may have heard him on the soundtrack of the Pixar-animated film āSoulā where he performed and composed the jazz portion of the score. Or you may have experienced his live performances in the streets of New York City with his band Stay Human during the pandemic lockdown, the protests of 2020, or during one of his ālove riotsā ā a spontaneous show in the streets where the musicians stand among the crowd and exchange in the energy of the music and the moment.
Weāll talk to him about his New Orleans roots, his most recent album āWe Are,ā and his commitment to creating music that celebrates his culture and aims to unite us all.
In this episode
Kendall Ciesemier

This Episode Covers the Following Issues
Related Content
-
PodcastJul 2025
Free Speech
The ABCs of Free Speech with Emerson Sykes
By: Ķųŗģ±¬ĮĻ -
Press ReleaseJul 2025
Free Speech
Immigrants' Rights
Georgetown Scholar to Remain Free After Appeals Court Rejects Trump Admin Bid to Re-Detain Him
The Fourth Circuit Court of Appeals today rejected the Trump administrationās request for a stay of a lower courtās decision to release Dr. Badar Khan Suri from detention on bail. Immigration and Customs Enforcement (ICE) arrested him on March 17th in retaliation for constitutionally protected speech and association, and he spent eight weeks in detention, mostly in Texas. Upon his release in May, he returned home to his wife and three children in Virginia, where his lawsuit challenging the constitutionality of his arrest is proceeding. āI am grateful for my freedom and for the time I have to spend with my family. I have faith that the American judiciary will protect my constitutional rights,ā said Dr. Badar Khan Suri. The Trump administration both appealed the ruling and sought a stay, which, if granted, would have allowed ICE to re-detain Dr. Khan Suri. With this decision, he will now remain free pending the Fourth Circuitās consideration of the appeal. The governmentās opening brief is due on July 14. āThe Trump administration is trying to silence speech it doesnāt agree with by targeting people like Dr. Khan Suri and Mahmoud Khalil, but ideas are not illegal,ā said Mary Bauer, executive director of the Ķųŗģ±¬ĮĻ of Virginia. āAmericans donāt want to live in a country where the federal government ādisappearsā people whose views it doesnāt like. The First Amendment protects all of us ā regardless of citizenship ā from being punished by the government for our political speech.ā Dr. Khan Suri, an Indian national, is a visa holder whose wife and children are U.S. citizens. Prior to his arrest, Dr. Khan Suri and his wife, who is Palestinian American, were doxxed by groups that target advocates for Palestinian rights. Agents abducted Dr. Khan Suri outside his home because of his speech in support of Palestinian rights and his family ties to Gaza, then secretly transported him 1,500 miles away from his family and his attorneys, moving him between five different ICE facilities in three states in four days. āThe Fourth Circuit has prevented the government from re-detaining Dr. Khan Suri, recognizing what is at stake here: Dr. Khan Suriās right to stand in solidarity with Palestinians, his continued freedom from punitive and retaliatory incarceration, and his freedom to be with his family and community,ā said Astha Sharma Pokharel, staff attorney at the Center for Constitutional Rights. He is challenging his arrest and detention under the First Amendment, the Due Process Clause of the Fifth Amendment, and the Administrative Procedure Act. Separately, his immigration case, in which the Trump administration is seeking to deport him, is now also proceeding in Virginia. āThe appeals court has rightly denied the governmentās desperate and cruel attempt to re-detain Dr. Khan Suri over a thousand miles away from his family and community,ā said Scarlet Kim, senior staff attorney with the Ķųŗģ±¬ĮĻās Speech, Privacy, and Technology Project. āWe will continue to work to vindicate Dr. Khan Suriās First Amendment rights so that others do not have to fear imprisonment for speaking out about issues that matter to them." Todayās ruling adds to a string of losses for the Trump administration in cases in which it has arrested immigrant students and academics for criticizing U.S. support of Israelās assault on Gaza. In recent weeks, federal district courts have ordered Dr. Khan Suri, Tufts Ph.D student Rümeysa Ćztürk, and Columbia students Mohsen Mahdawi and Mahmoud Khalil released from detention. Dr. Khan Suri is represented in his federal lawsuit by the Ķųŗģ±¬ĮĻ of Virginia, the Ķųŗģ±¬ĮĻ, the Center for Constitutional Rights, the HMA Law Firm, and the Immigrants and Non-Citizens Rights Clinic at the CUNY School of Law.Court Case: Suri v. TrumpAffiliate: Virginia -
Press ReleaseJun 2025
Free Speech
Arts Groups Argue āGender Ideologyā Still Unconstitutionally Penalized by National Endowment for the Arts
PROVIDENCE, R.I. ā Four arts organizations filed a motion for summary judgment today, arguing that the National Endowment for the Arts (NEA) is violating the First Amendment, Fifth Amendment, and Administrative Procedure Act in its implementation of an executive order that prohibits federal funding for āgender ideology.ā If the motion is granted, the suit could be resolved without trial. The motion comes after the NEA admitted that it would judge projects based on whether they āpromoteā what the government deems to be āgender ideologyā and after it reinstated a requirement that grant applicants agree to abide by all executive orders when applying. āTheatre is one of our most powerful reflections of humanityāa space where truth-tellers and artists hold up a mirror to our lives, our struggles, and our joys,ā said LaTeshia Ellerson, co-executive director of national engagement at Theatre Communications Group. āOn stage, we see ourselves through the eyes of artists who dare to reveal the deepest parts of who we are. The First Amendment protects this essential freedom to create without fear of censorship or discrimination. As we join our co-plaintiffs in filing this motion, we urge the court to affirm what is both constitutionally and morally clear: all artists and storytellers have the right to be heard.ā The suit was first filed in March after the NEA began requiring applicants to attest that they would not promote āgender ideologyā in order to be eligible for funding and blocked any projects that appeared to promote āgender ideologyā from getting an award. In April, the court held that the NEAās decision to make any project that āpromotesā what the government calls āgender ideologyā ineligible for funds likely violated the First Amendment and exceeded its statutory authority. āThe First Amendment protects our right to artistic freedom,ā said Adam Odsess-Rubin, founding artistic director at National Queer Theater. āQueer art is American art, and censorship is un-American. We will continue to fight for our constitutionally protected freedom of speech.ā In response to the litigation, the NEA paused the āgender ideologyā-specific certification requirement. More recently, however, it reinstated the requirement that applicants comply with all executive orders. āThe NEA has admitted that it is screening art projects for āgender ideology,āā said Vera Eidelman, senior staff attorney with the Ķųŗģ±¬ĮĻās Speech, Privacy, and Technology Project. āThis is a clear-cut violation of the First Amendment. By judging projects based on whether they fit the governmentās worldview, the NEA is abandoning its statutory role to fund works based on excellence and merit, as well as violating the free expression rights of artists across the country.ā āWe know that the NEA is not upholding the protections guaranteed by the First Amendment,ā said Steven Brown, executive director of the Ķųŗģ±¬ĮĻ of Rhode Island. āIf Rhode Island Latino Artsā grant application, and all the plaintiffsā applications, are denied funding because of ideology, then this would be a major step backward in our collective right to freedom of speech. We are hopeful the court will not accept the NEAās troubling arguments.ā The Ķųŗģ±¬ĮĻ, the Ķųŗģ±¬ĮĻ of Rhode Island, David Cole, and Lynette Labinger, cooperating counsel for the Ķųŗģ±¬ĮĻ-RI, filed the motion for summary judgment in the U.S. District Court of Rhode Island on behalf of Rhode Island Latino Arts; National Queer Theater; The Theater Offensive; and the Theatre Communications Group. The motion can be viewed here.Affiliate: Rhode Island -
Press ReleaseJun 2025
Free Speech
Privacy & Technology
Ķųŗģ±¬ĮĻ Comment on Supreme Court Decision in Free Speech Coalition v. Paxton
WASHINGTON ā The Supreme Court issued a blow to freedom of speech and privacy today by upholding Texas legislation that requires invasive age verification to access online content. Todayās ruling conflicts with decades of Supreme Court precedent protecting the free speech rights of adults to access sexual content online. But it is also a limited opinion that does not permit age verification for non-sexual content online. āThe Supreme Court has departed from decades of settled precedents that ensured that sweeping laws purportedly for the benefit of minors do not limit adultsā access to First Amendment-protected materials,ā said Cecillia Wang, national legal director of the Ķųŗģ±¬ĮĻ. āThe Texas statute at issue shows why those precedents applying strict scrutiny were needed. The legislature claims to be protecting children from sexually explicit materials, but the law will do little to block their access, and instead deters adults from viewing vast amounts of First Amendment-protected content.ā Texasās H.B. 1181 mandates that any website where one-third or more of its content is deemed sexual in a way that is āharmful to minorsā must require visitors to prove they are adults before accessing the site. The act defines āsexual material harmful to minorsā as material that is obscene from the perspective of an average person considering the materialās effect on minors. āToday's decision does not mean that age verification can be lawfully imposed across the internet,ā said Vera Eidelman, senior staff attorney with the Ķųŗģ±¬ĮĻ Speech, Privacy and Technology Project. āWith this decision, the court has carved out an unprincipled pornography exception to the First Amendment. The Constitution should protect adultsā rights to access information about sex online, even if the government thinks it is too inappropriate for children to see." The Supreme Court reversed the Fifth Circuitās ruling that mere rational basis scrutiny applies, instead imposing intermediate scrutiny, but it affirmed the Fifth Circuit Courtās ultimate conclusion that the law survives ā and refused to apply strict scrutiny, as challenges to content-based laws typically do. However, the Texas law burdens adultsā ability to access sexual materials, requiring individuals to disclose personal information vulnerable to surveillance and data breaches just to access online content. The law also ultimately fails to achieve its intended purpose. Because the law only applies if one-third of a siteās content is explicit, the online sites where minors are most likely to be exposed to sexual content, like forums or social media platforms, are not affected. āAs it has been throughout history, pornography is once again the canary in the coal mine of free expression,ā said Alison Boden, executive director of the Free Speech Coalition. āThe government should not have the right to demand that we sacrifice our privacy and security to use the internet. This law has failed to keep minors away from sexual content yet continues to have a massive chilling effect on adults. The outcome is disastrous for Texans and for anyone who cares about freedom of speech and privacy online.ā The Supreme Court repeatedly heard cases on this issue in the past, many of which were brought by the Ķųŗģ±¬ĮĻ, and had consistently held that requiring users to verify their age to access protected content is unconstitutional where there are less restrictive alternatives available, like filtering software. The Free Speech Coalition is represented by Quinn Emanuel, the Ķųŗģ±¬ĮĻ, and the Ķųŗģ±¬ĮĻ of Texas. This case is a part of the Ķųŗģ±¬ĮĻās Joan and Irwin Jacobs Supreme Court Docket. The decision can be read here.Court Case: Free Speech Coalition, Inc. v. PaxtonAffiliate: Texas