U.S. Protests: Is Participation 'Unlawful' Due to Trump's Ambiguous Threat? Implications Raised by Constitutional Standards.
Trump goes hard on those "illegal protests," threatening to cut off funding for schools that allow them, and even hinting at imprisonment for agitators. Education secretary Linda McMahon clarified that it's not about freedom of speech, but about safety and civil rights. Trump's defenders admit the definition of "illegal protest" isn't that clear yet, and the White House hasn't provided specifics. Critics worry this could chill free speech, but some constitutional law experts see the warning as vague and untested.
Protesting is a crucial part of America's history, from the Boston Tea Party to Civil Rights demonstrations in Selma. The First Amendment guarantees freedoms of religion, speech, press, assembly, and petitioning the government, but these rights haven't always been evenly applied.
While law enforcement can shut down a violent or destructive protest, judges are reluctant to prevent broadly offensive demonstrations. In 1977, the Supreme Court overturned a state court ruling that would have stopped neo-Nazis from marching in Skokie, Illinois, home to many Holocaust survivors. Protests can take various forms, such as Rosa Parks sitting down or Colin Kaepernick taking a knee.
Trump has a history of hostility towards protesters, particularly during social justice demonstrations near the White House gates. In June 2020, he suggested shooting at protesters' legs.He lost the 2020 election and fired Defense Secretary Mark Esper soon after, who revealed Trump suggested shooting protesters.
Trump's "illegal protest" warning might not be an attempt to redefine the First Amendment, according to Josh Blackman, a constitutional law professor. However, the Department of Education has started investigating colleges over antisemitic harassment and discrimination, potentially threatening funding. The attempted deportation of Mahmoud Khalil, a pro-Gaza protest organizer, is being challenged in court.
It's not just colleges that are under threat. Rep. Al Green was thrown out of Congress and censured for interrupting Trump's joint address last week. The conservative House Freedom Caucus wants to strip Green of his committee assignments. Defending unpopular speech often meets resistance, but most Americans still value the right to peacefully assemble, according to a poll.
Harvard and Columbia universities recently settled civil lawsuits filed by students over pro-Palestinian protests on campus. The Trump administration plans to revoke student visas from alleged Hamas supporters and has attempted to deport Mahmoud Khalil, a legal permanent US resident, for activities aligned with Hamas. This move has been criticized as a MAGA-approved punishment for expressing disapproved views.
The warning from Trump about "illegal protests" raises concerns, as it could potentially infringe on the safeguards of freedom of speech and peaceful assembly, as guaranteed by the First Amendment. The Department of Education's investigation into colleges over antisemitic harassment, which may lead to funding cuts, could unwittingly contribute to a chilling effect on the spectrum of free speech. The ongoing legal challenge against the attempted deportation of Mahmoud Khalil, a pro-Gaza protest organizer, further underscores the need for us to remain vigilant in defending our civil rights and the right to peacefully protest.
