The First Amendment at Risk: How Federal Jawboning Threatens University Autonomy and Free Speech

Executive Summary

Student activism has been met with unprecedented federal and university aggression, even more so after the Columbia Gaza Solidarity Encampements. During those early months, students were met with hostility unlike anything seen before. This aggression marked a shift in the Palestine Movement and its presence globally. Upon its betrayal of students, Columbia was met with legal pushback from many, most notably one of its students, Mahmoud Khalil. In response to Columbia's cowardice, Khalil v. The Trustees of Columbia was filed, a case that highlighted the extent of Columbia's actions against its students.

The disregard of students' First Amendement Rights is shocking and a threat to our democracy. The revival of HUAC tactics such as doxing, surveillance, and threats of deportation highlights a monumental attack on democratic freedoms. Columbia's compliance with federal pressure to protect its funding contrasts starkly with Harvard University's resistance to such demands.

As federal agencies intensify their pressure campaigns under the guise of combating antisemitism, this brief calls for urgent policy responses: stronger legal protections for student speech, institutional resistance to federal overreach, and public condemnation of the criminalization of protest. Upholding the First Amendment is not just a legal obligation; it is essential to preserving the democracy of the US.

Introduction

In the Spring of 2024, the Columbia Gaza Solidarity Encampments marked a change in the momentum and trajectory of the Palestine Movement on campus. As the campus environment became increasingly hostile toward pro-Palestine activists and similar encampments emerged across the nation, the federal government became desperate to shut this movement down. When threats of violence and law enforcement interventions failed to intimidate students, the government, with the cooperation of complicit universities, shifted to disciplinary action and the weaponization of immigration enforcement. Through the use of jawboning, “the use of official speech to inappropriately compel private action”, universities such as Columbia become complicit in the harassment of their students and their rights.

The Supreme Court recently ruled in National Rifle Association of America v. Vullo,  602 U.S. ___ (2024) that “government officials cannot attempt to coerce private parties to punish or suppress views that the government disfavors”, yet that is exactly what is happening to pro-Palestine voices across the nation. In 602 ___ (2024), the NRA claimed that entities who refused to dissasscciate from the NRA were threatened by Vullo with enforcement actions. Similarly, pro-Palestine voices are being threatened with disciplinary and legal actions for practicing their First Amendement right. While universities like Columbia succumb to the pressure of the federal government, betraying their promise to protect students, Harvard University exemplifies resistance to such pressure, standing firm in its commitment to student rights. Refusing to comply with government demands, Harvard was threatened with funding cuts and restrictions on international students by Homeland Security Secretary Kristi Noem.

University students have been at the forefront of the Palestine Movement, often enduring the harshest treatments and punishments. Students like Rumesya Ozturk have been arrested for speaking out against the genocide in Gaza, and hundreds of others have dealt with disciplinary actions from their respective universities. Their bravery has become a symbol of resistance and an inspiration to other pro-Palestinian advocates. The disciplinary and legal actions against students are a violation of their First Amendement rights, and they are being used as a tool to silence voices across the nation.

The federal government has used advocates like Mahmoud Khalil and Rumeysa Ozturk as examples of what could happen to those who choose to speak out against the genocide of the Palestinian people. Mahmoud Khalil missed the birth and the first two months of his child's life. He sat in an ICE detention facility thousands of miles from his family, supporting his wife, Noor, through a phone call as she endured the pain of childbirth. In a letter directed to his son, Khalil wrote, “I sit here contemplating the immensity of your birth and wonder how many more firsts will be sacrificed to the whims of the US government, which denied me even the chance of furlough to attend your birth”. DHS has exerted the cruelest of measures in an attempt to silence pro-Palestine voices. While they have failed in their attempts, the actions of such a government agency should be alarming to every person who values the First Amendment.

This brief examines Khalil v. The Trustees of Columbia University, contrasts Columbia’s response with Harvard’s resistance, and explores the broader implications for the Palestine Movement’s future. It proves that this attack on democracy is not only a threat to student protestors but to the rights of U.S. citizens as a whole. It provides an analysis of the dangers of this Administration's actions and possible methods of response and resistance, to ensure that the fight for Palestinian liberation is not forgotten and that justice and equality prevail.

Columbia’s Betrayal of Its Students and a Democratic Campus

Student protests have been a longstanding presence on campuses, predating the Palestine Movement by decades. As mainstream media attempts to paint student protests as violent and destructive, history tells a different story. When students protested against the Vietnam War and apartheid in South Africa, they were similarly met with force and aggression by universities and the federal government. Yet, the level of aggression faced by pro-Palestine activists appears disproportionate compared to past movements. The concerns of surveillance on campuses and political policing of student protestors are issues that have been building up in this country for decades. They are not fears isolated to the Palestine movement alone, but for all free speech.

Columbia University was met with displeasure by the federal government for not handling the student protests and encampments with more force, according to their standards. In their eyes, the University had not done enough by calling the NYPD on their students, announcing an alleged “bomb threat” in a building where protesters were camped in, and suspending dozens of student protestors. They demanded more consequences and aggression. On February 13th, 2025, the U.S. House of Representatives Committee on Education and the Workforce (the “Committee”) requested that the University release student records. This request violates students' privacy and attacks their First Amendement rights. The university complied with these demands. On March 13th, 2025, three agency members of the newly formed Joint Task Force to Combat Anti-Semitism issued another letter to the University., This time, demanding that the University silence all pro-Palestine views on campus, or risk billions of dollars worth of funding cuts. Unsurprisingly, Columbia complied with these demands, consequently betraying its promise to protect students and uphold its democratic ideals.

Columbia's failure to protect its students has resulted in the arrest of one of its very own, Mahmoud Khalil, by DHS, and the suspension of at least 100 students. The campus is now surrounded by security 24/7, and students must undergo screenings before being allowed to attend classes. The First Amendment perished at Columbia; the second, its leaders sold out their democratic ideals to appease the federal government. Their cowardly decisions have had grave personal consequences on students and communities. The institutional decision to betray free speech has created a hostile environment on campus for pro-Palestine students and has given the federal government direct access to attack and harass student protestors through surveillance, arrest, and legal intimidation.

The Committee demands that Columbia comply with them first, before obtaining any federal funding, which is coercive. Threatening to withhold millions of dollars from education, to silence a viewpoint that challenges their political agenda, should be alarming to all who value the First Amendement. These demands are a manipulation of their federal power to chill student activism that aligns with Palestine. The Trump Administration has made it clear that their threats to democracy are real, and the efforts they have gone through to prove this have struck fear in many Americans and Universities like Columbia. The arrest of student activists by DHS, the cutting of federal funding to education, and the criminalization of free speech affect every American living in this country. A threat to the First Amendment is a threat to the very ideals that define this country and its citizens. The University revealed its true colors when it sold out its students, rather than standing up for the democratic ideals it pretends to preach. This betrayal resulted in students facing surveillance, harassment, and even unlawful detention, a direct consequence of the university’s capitulation to political pressure.

Even then, these measures were not satisfactory to the federal government, as the threats did not deter the Palestine Movement on campus. As a result, on March 3rd, 2025, the U.S. Department of Education announced in a press release that due to Columbia University's failure to protect Jewish students, the federal government's Task Force to Combat Anti-Semitism was considering stopping $51.4 million to Columbia. Additionally, the task force would conduct a comprehensive review of more than $5 billion in federal grants to ensure that the university was complying with regulations. All in an attempt to further silence pro-Palestinian voices by using the University as a third party.

On March 7th, 2025, the Trump Administration stated that because Columbia failed to protect Jewish students, the federal government would cancel $400 million in federal grants to the university. In addition, the federal government and the Committee are collaborating to revive the methodologies used by the 1950s House Un-American Activities Committee (“HUAC”) to pressure universities into turning over thousands of private documents on students, faculty, and staff records. Despite acting in the name of protecting Jewish students, the committee had a clear purpose of exposing the identities of students and faculty, and attacking their protected speech through blacklisting, arrest, and deportation. The Department of Homeland Security has been taken on as a third party to carry out a mass act of doxing and harassment in an attempt to terrorize students into silence. These attacks on students are a part of a broader authoritarian pressure being executed by the Trump Administration, which undermines citizens' protected constitutional rights.

HUAC was originally established as a minor congressional committee to investigate domestic subversion, with a primary focus on anti-communism. In the late 1940s, it quickly grew to become a committee that spread fear at the mere threat of investigation by them. There were detrimental consequences of being investigated by HUAC, including deportations, blacklisting, and a safety threat to individuals targeted by this committee. The attempted reignition of HUAC tactics by the U.S House Committee should be concerning to every American, as it poses a threat to their First Amendment. HUAC tactics are aggressive, often stereotyping individuals, and are frequently used by the Federal government to attack viewpoints that challenge the government. The doxing of students by Zionist campaigns has already caused immense distress to the community; the revival of HUAC tactics would have even more distressing consequences on the Palestine Movement.

Students from all over the world attend Columbia University for its academic accomplishments and its supposed cherished freedom of expression. Yet, after the Gaza Solidarity Encampment, students began to question just how free their speech was on campus. The Secretary of Education, Linda McMahon, accused Columbia University of ignoring the ongoing harassment of Jewish students on Campus since the War on Gaza began. As a result, the Education Department’s Office for Civil Rights (OCR) and the Department of Health and Human Services (HHS) quoted McMahon in their attack on Columbia and what they believed to be a lack of protection for Jewish students on campus. Despite claims of protection, these measures have instead targeted pro-Palestinian students with surveillance and repression—thus weaponizing anti-Semitism rhetoric as a pretext to silence dissent.

The federal government is using Columbia as a third party to further attack the Palestine Movement, and specifically to attack students who have been at the forefront of this fight for liberation. Columbia University, Rules of University Conduct states in Affirmative Statement §440, that the University has a long history of “a long tradition of valuing dissent and controversy and in welcoming the clash of opinions onto the campus.” Columbia University has continually made promises to its students that it has failed to uphold. Instead of offering a safe environment open to dissent and conversation, it utilized law enforcement to harass and attack its students. For weeks, Mahmoud Khalil urged the university to address the online harassment he was receiving, and instead, the university sent ICE agents to unlawfully detain him for three months.

Freedom of speech isn't a concept that belongs solely to the U.S., but it is a commitment that this country has valued strongly than others. The protection of the First Amendment is crucial for the maintenance of a democratic environment in the U.S. It has, for decades, protected a broad range of political opinions, regardless of where they came from. The Trump Administration's attack on pro-Palestinian students marks a radical change in this country's thought that challenges its structure. The mere challenge of the First Amendment should concern every American who values the U.S. democracy. Unfortunately, because the media vilified the Palestine Movement, many have turned a blind eye to the Trump Administration's attack on democracy.  

They attacked foreign students first, but an administration that does not value democracy will not stop there. What protects pro-Palestinian U.S. students who speak up against this violent administration? The Trump Administration has made it clear that it intends to come after any pro-Palestinian advocates, stating that they pose a threat to U.S. foreign policy. This argument is unprecedented and could similarly be made against any political opinion that the administration does not align with. The continuous push from the federal government for Columbia to provide student records is dangerous and will cause irreparable harm. Yet, under so much federal pressure, the University has begun to succumb to the government's demands, forgetting its promise of protecting students.

Columbia vs. Harvard: Preserving the First Amendment

The federal pressure on universities to provide students' records has increased as the Palestine Movement has grown stronger. The undeterred motivation of student activists has posed a threat to this Administration's corrupt politics, and as a result, the federal government has deployed extreme measures to silence student activists. Whereas Columbia University yielded to the federal government's demands, Harvard refused to comply with such striking requests. Harvard President Alan M. Garber wrote to the Harvard community on April 14th, 2025, stating that the University would not give in to the federal government's demands. In a powerful statement, Garber writes, “The University will not surrender its independence or relinquish its constitutional rights.” The stark difference between the two Ivy League responses to federal pressure highlights the true loyalty to the protection of students and the preservation of democratic ideals.

The Secretary of the Department of Homeland Security, Kristi Noem, demanded that Harvard provide DHS with detailed records on Harvard's foreign student visa holders, or risk losing the Student and Exchange Visitor Program (SEVP) certification. Noem described pro-Palestinian student protests as “illegal and violent activity”, even though these students were practicing their First Amendment rights. DHS’s actions portray a targeted and racist attack against pro-Palestinian students, whose actions could not be compared to the violent nature of the DHS agents. Though Harvard was the first university to receive demands about international students, many fear that Columbia and other universities could be next.

Noem claimed that Harvard was collaborating with the Chinese Communist Party on its campus, a claim that makes the possible revival of HUAC tactics daunting. The pattern of authoritarian behavior being executed has dire consequences for the future democracy of this country. If the First Amendment is not honored and protected, then there is nothing to prevent federal pressure from further testing the limits of this democracy. DHS continues to harass and attack student protestors, with no regard for laws or the Constitution. Their blatant disregard for citizens' rights should be alarming to every American, as it threatens this country with an irreversible fall into authoritarianism.

Harvard University sacrificed funding and endured federal pressure and threats to honor the First Amendment and protect its students' rights. Columbia's failure to protect its students in the same way is shameful and truly a disgrace to the University's history of student movements and protests. Every demand that the federal government made, Columbia complied with. Not once were they willing to stand up for the democratic ideals they claim to hold and honor their students' rights to free speech and protest. The Trump Administration's attack on student protests is a threat to this country's democracy. The criminalization of First Amendment rights and attacks on student protesters are chilling and set a precedent of brutality and authoritarianism for the future of this democracy.

Recommendations

1. Affirm the Universal Threat to Civil Liberties

The attack on pro-Palestine speech is not an isolated issue, but a direct attack on the First Amendement that endangers all citizens and speech. Institutions and advocates should recognize that this is a broader attack on democratic liberties, which therefore creates a larger and more global support base for the Palestine Movement and civil rights as a whole.

2. Investigating Constitutional Violations

The Trump Administration, complicit politicians, and universities should be investigated by Congress for their complicity in the violation of the Constitution and federal law. Charges, injunctions, and sanctions should be the remedies where violations are found.

3. Appointing Federal Protections for Academic Freedoms and Student Rights

Passing legislation that prohibits the federal government from withholding funding or enforcing policies that violate students' academic freedoms, privacy, and constitutionally protected rights. The admission of these protections should be met with formal commitments to policy reforms that prevent the repetition of such violations.

4. Globalize Harvard's Commitment to Protecting Democracy and Student Rights

Using Harvard's strong stance of resistance against federal pressure as a model for university policies. Harvard's refusal to release student records illustrates that Universities can protect students while withstanding federal pressure and demands.

5. Prohibit Congressional and Agency Access to Student Records Without Judicial Authorization

Approve legal protections to prevent Congress or any federal agency from demanding student records without a judicial warrant. To protect students and preserve academic integrity, universities should be required to deny these requests to preserve democratic ideals on campuses.

References

‍

Al Jazeera. (2025a, April 15). Harvard University defies trump’s demands, faces $2.3bn in funding cuts. https://www.aljazeera.com/news/2025/4/15/harvard-university-defies-trumps-demands-faces-2-3bn-in-funding-cuts

Al Jazeera. (2025b, June 4). Trump administration threatens Columbia University’s accreditation. https://www.aljazeera.com/news/2025/6/4/trump-administration-threatens-columbia-universitys-accreditation

Al Jazeera. (2025c, June 4). Trump administration threatens Columbia University’s accreditation. https://www.aljazeera.com/news/2025/6/4/trump-administration-threatens-columbia-universitys-accreditation

American Association of University professors V. Rubio. Knight First Amendment Institute. (n.d.-a). https://knightcolumbia.org/cases/aaup-v-rubio

Banerjee, I. (n.d.). Barnard administrators announce bomb threat in Milstein, order shelter in place. Columbia Daily Spectator. https://www.columbiaspectator.com/news/2025/03/05/barnard-administrators-announce-bomb-threat-in-milstein-order-shelter-in-place/

Cato.org. (n.d.). https://www.cato.org/policy-analysis/jawboning-against-speech#what-jawboning

Congressional committees and unfriendly witnesses. (n.d.). https://writing.upenn.edu/~afilreis/50s/congcomms.html

Harvard College v. HHS. Knight First Amendment Institute. (n.d.-b). https://knightcolumbia.org/cases/harvard-college-v-hhs

Harvard University loses student and Exchange Visitor Program certification for Pro-Terrorist Conduct: Homeland security. U.S. Department of Homeland Security. (n.d.). https://www.dhs.gov/news/2025/05/22/harvard-university-loses-student-and-exchange-visitor-program-certification-pro

Jaffer, J. (2025, March 31). The Trump administration’s roundup of student protesters is genuinely shocking. Knight First Amendment Institute. https://knightcolumbia.org/blog/the-trump-administrations-roundup-of-student-protesters-is-genuinely-shocking

Melissa. (2025, April 14). The Promise of American Higher Education. Harvard University President. https://www.harvard.edu/president/news/2025/the-promise-of-american-higher-education/

National Rifle Association of America v. Vullo, 602 U.S. ___ (2024). Justia Law. (n.d.). https://supreme.justia.com/cases/federal/us/602/22-842/

Research guides: Historic congressional committee hearings and reports: House Unamerican Activities Committee (HUAC, 1938-1975). House Unamerican Activities Committee (HUAC, 1938-1975) - Historic Congressional Committee Hearings and Reports - Research Guides at Boston Public Library. (n.d.). https://guides.bpl.org/Congress/HUAC

Uribe, M. R. (2025, May 29). Is Harvard refusing to tell the Trump administration who its international students are?. Statesman. https://www.statesman.com/story/news/politics/politifact/2025/05/29/harvard-not-withholding-international-student-info-from-trump/83924555007/

‍