Mahmoud Khalil’s arrest has chilling effect on free speech at US colleges | CNN:
Last weekend’s arrest of Mahmoud Khalil, a Palestinian refugee whose green card was revoked over his involvement in demonstrations at Columbia University, is having a chilling effect on college campuses across America, where students say they’re being forced to think carefully before exercising their constitutionally protected right to free speech.
“This case sets a terrifying precedent for all students, particularly international students, particularly those on visas and green cards, but I think students in general should be horrified,” said Zaid, a student at the University of California, Berkeley, who asked that his full name not be used for fear of retribution. “What precedent are we setting for this entire nation, and for our First Amendment, if Khalil is deported, and who will be the next group targeted?”
So interestingly, this is not really a First Amendment case in many ways. And those on visas (especially) and green cards should be aware that the First Amendment protections apply mainly to US citizens not visitors to the country. To the extent the First Amendment does apply, it protects opinion and speech—not taking over college buildings, holding administrators hostage, assaulting Jewish students, and any number of other illegal actions. The First Amendment provides a right to peaceful protest and speech—rights many of us are very happy to defend, even for foreigners.
On this latest point I want to be clear: Hate speech is protected speech unless it is an imminent incitement to lawless action. If you’re dumb enough to like Nazis you have a right to say so. Bear in mind that the rest of us have a right to shun and shame you. But legally, you’re in the clear.
Khalil’s case is really about action not speech. It’s yet to be adjudicated, so we don’t know how it might turn out. But I think that I, like many Americans, have a pretty low tolerance for foreigners who come to the US then support terrorists in word and in deed. You might be legally in the clear on the former. You’re certainly not in the latter.