When Free Speech Is No Longer Free
The news desks and social media platforms alike are all a buzz about the arrest of a recent Columbia University graduate from the Middle East. Mahmoud Khalil completed his graduate studies at Columbia back in December 2024, and was arrested by ICE the other day at his University-owned apartment. The federal government has revoked his student visa and his green card which will result in deportation. According to multiple news reports, Khalil, a student activist against Israel, and an organizer at Columbia University Apartheid Divest, led the riot-like protests at Columbia and Barnard last year calling for the end of Israel and “total eradication of Western civilization.”
The Left is screaming this is a “dangerous” violation of free speech, a dramatic example of political persecution from a totalitarian White House. They are accusing the new Administration of violating the Constitution and overstepping the Executive’s authorities. (Wow, if that isn’t the pot calling the kettle black, I don’t know what is). But when you look at the details of what Khalil did, you notice that he wasn’t arrested for speaking out against Israel, but for apparently promoting terrorist organizations and leading the riots that endangered other students’ lives, university property, and so on.
Hate speech, a term used to define when someone says something that is negative or derogatory towards someone else, is indeed “protected” speech. This means that our First Amendment right to free speech includes a person’s right to say something offensive about someone else, and the bar is even higher for public figures. However, there are certain things that do not fall under that protected hate speech umbrella, and instead are deemed impermissible and thus against our laws.
So it begs the question… when is free speech no longer free?
Free speech really is a delicate balancing act between individual liberties and the safety of the public, versus supporting an open, free-willed dialogue. Generally speaking, hate speech is not considered a crime unless it falls into specific categories like, for example, a call to incite lawless action or violence, or speech that amounts to real threats that invoke fear of bodily harm. So, hate speech that results in hate crimes, which involve criminal acts motivated by bias against a person or group, is illegal. As applied to the case at hand, reports claim that Khalil was apparently organizing protests including the encampments that took over the quad at Columbia, the harassment of Jewish students from freely navigating the campus, and distributing pamphlets supporting Hamas and Hezbollah (two terrorist organizations, in the eyes of the United States), and as such, his words and protests passed out of the realm of protected hate speech, and became dangerous and illegal.
Does the Trump Administration, and more specifically, the Department of Homeland Security have the power to revoke someone’s student visa and/or green card? Of course it does. It’s non-sense to argue otherwise. Homeland Security is charged with protecting us from harmful actors inside our country, and that’s exactly what they are doing in this instance. Quite logically, a student visa or a green card can absolutely be revoked. Holding a student visa or a green card does not grant the holder a license to wreak havoc in our country, intimidate and harm others, or support terrorist organizations.
Secretary of State Marco Rubio has publicly stated that this is just the beginning of their enforcement actions against university students who support terrorist organizations. Rubio was clear when he posted on X, “Those who support designated terrorist organizations, including Hamas, threaten our national security. The United States has zero tolerance for foreign visitors who support terrorists. Violators of U.S. law — including international students — face visa denial or revocation, and deportation.”
President Trump has also been vocal about this enforcement agenda:
Khalil’s attorneys have just filed a lawsuit to challenge his deportation, and thus far a federal judge in NYC has ruled that Khalil not be deported until the case can be heard. I have not read the lawsuit, but I am guessing they will argue that proper procedure was not followed by the feds in the arrest. The hearing is this week. We will see how that goes.
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Well-said, Bobbie Anne! Thank you for explaining this situation from a legal perspective so that people who actually read your words can understand the truth of what is happening, versus the lies of the media. The left prosecutes people for saying there are two genders because that's "hate speech"...ahem...yet, this guy shows up as a guest in our nation, leads & participates in riots, & threatens intifada (maybe some of the commenters are unfamiliar with the meaning of that word), & somehow, THAT'S free...and definitely not hate...speech. K. Welcome to upside-down world. Your work is valued, Bobbie Anne...stay strong!
Ms. Cox, I greatly admire and appreciate the work you've done fighting the NY state governor's power grab in the courts. As you are no doubt aware, most people are ignorant of the issue that you have devoted considerable time and energy to because of false representations made by powerful interests. It is disturbing that you have apparently fallen prey to deceitful false representations regarding this issue specifically and Israel/Palestine in general. You are a lawyer. Where is the evidence of anti-semitism? Where is the evidence of violence? You cite the NY Post which merely repeats unsupported lies and slander. The only documented violence in these campus protests has been on the part of the police and zionist counter demostrators. That Israel and its apologists characterize opposition to genocide as anti-semitic is a recipe for characterizing all decent people as anti-semites. This will not end well. The violence and terrorism of Israel and the US is hundreds of orders of magnitude greater than that of Hezbollah or Hamas who in any case are exercising their clearly recognized right of self defense against military aggression. Israel as an invading and occupying power cannot claim this right. Do you recognize the legitimacy of international law? The fact that these organizations are labeled terrorist by such obviously criminal regimes as the US and Israel is not taken seriously by 90% of the world. Please look a little deeper into this issue. If you do in an honest fashion, I think you will conclude that support for Israel due to the stranglehold of Israel lobby on US policy is among the greatest threats our nation currently faces.