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"The US government seeking to punish those who make light of the incident is a complete betrayal of the First Amendment and spits in the face of the principle of free speech and debate," said one lawyer.
"So much for free speech."
That's how multiple social media users responded Thursday after a top official signaled on the platform X that the US Department of State will review foreigners' remarks on the Wednesday killing of Turning Point USA CEO and co-founder Charlie Kirk, a key ally of Republican President Donald Trump.
"In light of yesterday's horrific assassination of a leading political figure, I want to underscore that foreigners who glorify violence and hatred are not welcome visitors to our country," Deputy Secretary of State Christopher Landau wrote Thursday morning.
"I have been disgusted to see some on social media praising, rationalizing, or making light of the event, and have directed our consular officials to undertake appropriate action," Landau added. "Please feel free to bring such comments by foreigners to my attention so that the State Department can protect the American people."
Lawyers swiftly stressed that the comments Landau is aiming to track down would be "fully protected speech under the First Amendment" to the US Constitution.
American Immigration Council senior fellow Aaron Reichlin-Melnick said, "You can agree that it's a tragedy that a man was assassinated and also believe that the US government seeking to punish those who make light of the incident is a complete betrayal of the First Amendment and spits in the face of the principle of free speech and debate."
"It is appalling to see US government officials trying to police the speech of people outside the US and to direct consular officers to deny and strip visas from anyone who made a joke about Charlie Kirk's assassination—and rely on X for reports," he continued. "The First Amendment applies to the federal government; 'Congress shall make no law... abridging the freedom of speech.' Directing people to have a benefit denied and potentially be deported over a joke in very poor taste violates the First Amendment."
After one X user suggested visitors to the United States don't have the same rights as citizens, Reichlin-Melnick explained that "the First Amendment is a restriction on government action that applies even when the government seeks to restrict the speech of noncitizens. If you'd like, I can cite you dozens of court cases confirming that noncitizens enjoy First Amendment protections."
Kirk and his allies—including Trump—have long framed the late 31-year-old as a free speech supporter. A lengthy pop-up message about his death on the Turning Point USA website even says that "Charlie has become America's greatest martyr to the freedom of speech he so adored."
In response to Axios' reporting on Landau's threat, Jameel Jaffer, director of the Knight First Amendment Institute at Columbia University, sarcastically said: "Yes, this definitely seems like an appropriate and constitutional use of the State Department's surveillance authorities. And definitely a fitting way to honor a person whom Trump admin officials have labeled a First Amendment hero."
pretty wild that it so quickly became normalized that immigrants don’t have even basic free speech rightswww.axios.com/2025/09/11/c...
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— Olivia Messer (@oliviamesser.bsky.social) September 11, 2025 at 3:38 PM
Writer Miriam Elder similarly quipped, "The free speech government honoring the free speech martyr."
Trump also publicly fancies himself a protector of free speech, but since returning to office in January, he has targeted law firms that represent clients and causes he opposes, news outlets whose coverage he disagrees with, and foreign students who criticize Israel's US-backed genocide against Palestinians in the Gaza Strip.
Although elected officials across the US political spectrum have condemned Kirk's killing and his unidentified shooter remains at large, Trump claimed in a Wednesday night speech that the rhetoric of the "radical left" is "directly responsible" for his death.
The president also pledged that his administration "will find each and every one of those who contributed to this atrocity and to other political violence, including the organizations that fund it and support it, as well as those who go after our judges, law enforcement officials, and everyone else who brings order to our country."
While Kirk's fatal shooting has sparked widespread condemnation of all political violence, the far-right crusader's longtime critics have also highlighted his attacks on marginalized people, promotion of misinformation and conspiracy theories, and strong opposition to stricter gun laws—including his assertion that "it's worth to have a cost of unfortunately some gun deaths every single year so that we can have the Second Amendment."
Landau wasn't the only key official making threats about commentary on Kirk's killing. Congressman Clay Higgins (R-La.) said on X early Thursday that "I'm going to use congressional authority and every influence with Big Tech platforms to mandate immediate ban for life of every post or commenter that belittled the assassination of Charlie Kirk."
"If they ran their mouth with their smartass hatred celebrating the heinous murder of that beautiful young man who dedicated his whole life to delivering respectful conservative truth into the hearts of liberal enclave universities, armed only with a Bible and a microphone and a Constitution... those profiles must come down," he said. "So, I'm going to lean forward in this fight, demanding that Big Tech have zero tolerance for violent political hate content, the user to be banned from ALL PLATFORMS FOREVER."
"I'm also going after their business licenses and permitting, their businesses will be blacklisted aggressively, they should be kicked from every school, and their driver's licenses should be revoked," he added. "I'm basically going to cancel with extreme prejudice these evil, sick animals who celebrated Charlie Kirk's assassination. I'm starting that today. That is all."
Several X users responded with examples of Higgins' long history of problematic commentary.
Foundation for Individual Rights and Expression (FIRE) CEO Greg Lukianoff told Higgins: "No. The state may not coerce private institutions to censor speech that the state itself cannot censor under the First Amendment. Besides, you are not safer for knowing LESS about what people really think."
"Any criminal can now put on a mask, say he is from ICE, and conduct any crime," one group warned.
"This is what people have feared."
That was how American Immigration Council senior fellow Aaron Reichlin-Melnick responded on social media Monday to reporting that a man impersonating a U.S. Immigration and Customs Enforcement (ICE) agent zip-tied a woman working as a cashier at a cash-only auto repair shop in Philadelphia and stole around $1,000 on Sunday afternoon.
The incident comes as Republican U.S. President Donald Trump tries to deliver on his campaign promise of mass deportations, sparking protests, including in Los Angeles, where Trump has deployed Marines and federalized the California National Guard—a move the state's Democratic governor and attorney general are challenging in court.
"Expect many, many more stories like this. The Trump administration is a criminal enterprise, emboldening street crimes and white collar crimes."
"He kept saying he is immigration officer," the 50-year-old cashier in Philadelphia, a legal U.S. resident who is from the Dominican Republic, told Fox 29's Steve Keeley. Showing the journalist her bruises, she said that the man tied her arms behind her back, and "every time I tried to turn around to look at his face, he twisted me around roughly."
Although the shop is next to the Philadelphia Police 15th District, it took over two hours before the victim could connect with law enforcement. Police said in a Tuesday statement that the man, who escaped in a white Ford cargo van with red dashes around the middle, remains at large.
Police released surveillance photos of the van and the man, described as a white male in a "black baseball cap with U.S. flag on the front, black sunglasses, black long sleeve shirt, wearing gloves, black tactical vest with 'Security Enforcement Agent,' and dark green cargo pants."
In response to Keeley's social media posts about the robbery, journalist Ryan Grim said early Tuesday that "this type of crime is now possible because ICE agents insist on going around like masked thugs."
Author and Philadelphia native Robert A. Karl warned: "Expect many, many more stories like this. The Trump administration is a criminal enterprise, emboldening street crimes and white collar crimes."
The social media account of the Democratic-Farmer-Labor Party in Minnesota's Senate District 45 similarly said: "Any criminal can now put on a mask, say he is from ICE, and conduct any crime (including kidnapping and rape) and people are expected to just stand aside? Actual law enforcement DOES NOT conceal their identity and act like street thugs while doing their job. This must stop!"
The move comes as the administration plans to expand social media vetting for all noncitizen student applicants.
Secretary of State Marco Rubio has ordered U.S. embassies and consulates around the world to temporarily suspend scheduling of new student visa interviews as the Trump administration weighs requiring all foreign students to undergo social media vetting.
Politico reported that a cable signed by Rubio on Tuesday said that "effective immediately, in preparation for an expansion of required social media screening and vetting, consular sections should not add any additional student or exchange visitor... visa appointment capacity until further guidance is issued."
While social media screening isn't new, previous efforts were largely focused on returning students who may have taken part in protests against Israel's annihilation of Gaza. The State Department cable does not specifically state what the expanded social media screening will look for, although it alludes to President Donald Trump's executive orders aimed at combating terrorism and antisemitism.
Trump's January 29 order titled "Additional Measures to Combat Antisemitism" authorizes the deportation of noncitizen students and others who took part in protests against Israel's war on Gaza, which has killed more than 54,000 Palestinians and is the subject of an International Court of Justice genocide case.
Last month, the Department of Homeland Security announced the launch of a task force to surveil immigrants' social media posts, including those of around 1.5 million foreign students, for alleged antisemitism. While DHS did not say how antisemitism would be defined, critics note that the Trump administration has adopted the International Holocaust Remembrance Alliance working definition, which conflates opposition to Zionism—the settler-colonial movement for a Jewish homeland in Palestine—with hatred of Jews.
Earlier this year, the State Department also
launched a controversial artificial intelligence-powered "catch and revoke" program to cancel the visas of international students deemed supportive of the Palestinian resistance group Hamas.
Rubio has invoked Immigration and Nationality Act of 1952 to designate for deportation pro-Palestine international students who the government admits committed no crimes. These include Mahmoud Khalil, Mohsen Mahdawi, and Yunseo Chung—all permanent U.S. residents—as well as Rümeysa Öztürk, Ranjani Srinivasan, and others.
The Trump administration's dubious legal arguments have not fared well in courts, as several judges have temporarily blocked the administration from proceeding with deportations of foreign students.
Earlier this month, for example, a federal judge ruled that Öztürk—who was snatched off a Massachusetts streets by plainclothes federal agents and flown to a notorious Immigration and Customs Enforcement lockup in Louisiana—had been illegally arrested and ordered her immediate release.
Under mounting legal and public pressure, the Trump administration recently reinstated the legal status of hundreds of terminated foreign students. However, for some, the move came too late, as they have been banned from entering the United States.
Meanwhile, the administration's draconian treatment of international students has put many off of studying in the U.S., a situation universities in other nations are exploiting in a bid to attract applicants who are rejected by—or choose to eschew—the United States as a higher learning destination.
On Tuesday, American Immigration Council senior fellow Aaron Reichlin-Melnick cited figures from the Association of International Educators showing that noncitizen students studying at U.S. colleges and universities contributed $43.8 billion to the nation's economy and supported 378,175 jobs during the 2023-24 academic year.
"If the United States stops taking foreign students, the economic impact would be catastrophic," Reichlin-Melnick
said on social media, adding that the Trump administration's pause on international applicants "should be seen as a deliberate attempt to crash the U.S. economy by destroying higher education."