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"The First Amendment does not come with a 'Palestine Exception,'" said the American-Arab Anti-Discrimination Committee, which filed the suit.
A lawsuit filed Saturday on behalf of two Cornell University graduates students and one professor at the Ivy League school in Upstate New York is challenging what plaintiffs are calling "the Trump administration's unconstitutional campaign against free speech—particularly as it targets international students and scholars who protest or express support for Palestinian rights."
"The lawsuit seeks a nationwide injunction of executive orders used by the administration to target and deport international students advocating for Palestinian freedom, rights, and liberation under the guise of protecting national security," explained the American-Arab Anti-Discrimination Committee (ADC), which sued on behalf of Ph.D. students Momodou Taal and Sriram Parasurama and professor Mukoma Wa Ngũgĩ.
Taal, a British-Gambian national, is facing possible deportation for his pro-Palestine activism on campus. Parasurama was arrested last October for protesting Israel's annihilation of Gaza at a career fair and was subsequently de-enrolled from Cornell and banned from the university's campus in Ithaca, New York for three years. Wa Ngũgĩ is a professor of literature who works with Taal. Parasurama and Wa Ngũgĩ are U.S. citizens.
"Defendants' attempt to bar non-citizens from criticizing the U.S. government, its institutions, American culture, or the government of Israel—and to prohibit citizens from hearing those views—serves no legitimate government interest in preventing terrorism or enforcing immigration laws," the lawsuit states. "The justifications offered are pretextual and dangerous. Criticism of the U.S. government does not constitute terrorism, and criticism of the Israeli government is not antisemitism."
Taal said in a statement that "the U.S. government claims to be zealous about free speech—except when it comes to Palestine."
"We've been here before: McCarthyism to civil rights to Vietnam, times when this country has deviated from its stated commitments to free speech," he continued. "This is another generational moment, another hour of reckoning. Why is there a Palestine exception?"
"Only in a dictatorship can the leader jail and banish political opponents for criticizing his administration" Taal added. "A nationwide injunction is therefore necessary while the court considers the merits."
Parasurama said: "These draconian executive orders aim to crack down on those willing to protest against our country's active role in the genocide of the Palestinian people. They are part of a broader moral crisis our nation is grappling with. This lawsuit allows us to recover our basic rights and protect international students like Momodou Taal."
Wa Ngũgĩ said that "I was born in the U.S. but grew up under the [Daniel arap] Moi dictatorship in Kenya in the 1980s. Students and people of conscience in Kenya were being detained, tortured, exiled or killed. My own family experienced the full brunt of this oppressive society. When I moved back to the U.S. in the early 1990s I could not foresee this attempt to chill free speech and directly attack our universities."
The Trump administration has invoked the president's January executive order authorizing the arrest, detention, and deportation of noncitizen students and others who took part in protests against Israel's assault on Gaza, which has left more than 170,000 Palestinians dead, maimed, or missing and around 2 million others forcibly displaced, starved, or sickened, according to local and international agencies. Israel's conduct in the war is the subject of an International Court of Justice genocide case brought by South Africa.
Last week, immigration authorities arrested Mahmoud Khalil, an Algerian citizen of Palestinian descent who helped Gaza protests at Columbia University while he was a graduate student there. Trump called Khalil's detention "the first arrest of many to come."
Pro-Israel activists played a role in Khalil's arrest. Shai Davidai, an assistant professor at Columbia who was temporarily banned from campus last year after harassing university employees, and Columbia student David Lederer have waged what Khalil called "a vicious, coordinated, and dehumanizing doxxing campaign" against him and other activists. The group Canary Mission last week released a video naming five other international students it says are "linked to campus extremism at Columbia."
The Department of Justice announced Friday that it is investigating whether pro-Palestinian demonstrators at over 60 colleges and universities including Columbia and Cornell violated federal anti-terrorism laws.
On Monday, ADC legal director and case co-counsel Chris Godshall-Bennett said that "this is one of those times people will look back on and ask what we did."
"We will not stand idly by while the government disappears its political opponents," he continued. "My family fled European antisemitism and came to the United States where our Constitution protects us from tyranny. My Jewish identity won't be used as an excuse to persecute the Palestinian people and its allies without a fight."
"This is one of those times people will look back on and ask what we did."
"Through this litigation, we seek both immediate and long-term relief to protect non-citizens from deportation and citizens from prosecution based on their constitutionally protected speech," Godshall-Bennett added.
Lead plaintiffs' counsel Eric Lee said that "this lawsuit aims to vindicate the rights of all non-citizens and citizens in the U.S., but the courthouse is only one arena in this fight."
"We appeal to the population: Stand up and exercise your First Amendment rights by actively and vigorously opposing the danger of dictatorship," Lee added. "As we prepare to mark the 250th anniversary of the American Revolution next year, recall the words from the Declaration of Independence: 'That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it.'"
Pro-Palestine demonstrations continue at Cornell and on campuses across the nation and around the world. Last week, 17 activists led by the group Students for Justice in Palestine were
detained by police after interrupting a Cornell panel on the history of the so-called Israel-Palestine "conflict," whose members included former Israeli foreign minister and alleged war criminal Tzipi Livni.
Damage has been done and not only to free speech, but also to the very idea of academic freedom that has long been a hallmark of American education.
The combined efforts of President Donald Trump, Republicans in Congress, and pro-Israel groups, like the Anti-Defamation League, have declared war on the liberal ideals of freedom of speech and assembly and the very idea of the university. Republicans and their allies are demanding universities eliminate any mention of diversity, equity, and inclusion in admissions or programming, and they have put in place a grossly distorted and expanded definition of antisemitism. In both instances, they have told educational institutions that failing to bow to these diktats will find their federal funding cut.
While organizations representing both faculty and administrators have cautioned against complying with the requirement to eliminate DEI, already some universities have done just that. Dozens of institutions have scrubbed their websites of the now-taboo words and programs. Offices to promote diversity have been closed, and courses have been canceled.
More ominous has been the damage done to free speech and academic freedom by the threats of the administration and Congress to punish universities that do not take measures to rein in what they call “antisemitism.” The main problem with this edict is that it’s based on a bogus definition of antisemitism, long promoted by the pro-Israel group, the Anti-Defamation League (ADL)—a definition that equates criticism of Israel with antisemitism. Their argument is that criticism of Israel is antisemitic because it is the only Jewish state and therefore criticism of Israel is threatening to Jews who identify with it. At best, the “logic” is far-fetched. At worst, it’s a crude effort to silence and punish critics.
For his part, Donald Trump saw criminalizing protesters and forcing universities to cower as yet another way to pave the road to his authoritarian reach.
In their efforts to impose their definition, the ADL found eager accomplices among right-wing fundamentalist Christians, Republicans in Congress, and Donald Trump—though their reasons for doing so may have differed. But whether their collaboration was a marriage of convenience or consensus, the result has been serious damage to higher education.
The ADL wants to silence the growing chorus of critics of Israeli policies. Right-wing Christians, driven by a heretical view of the Old Testament that sees Israel as necessary for their hoped-for Final Days, want to protect Israel. As they form about 40% of the GOP’s voter base, Republicans and Trump want to keep them happy. Because the earliest pro-Palestinian demonstrations occurred on a number of prestigious university campuses, Republicans also see this effort as a way to amplify their targeting of “elites” and “liberals.” And as critics of Israeli policies are largely Democrats, Republicans see defending Israel as a wedge issue that strengthens their base while making life uncomfortable for Democrats. For his part, Donald Trump saw criminalizing protesters and forcing universities to cower as yet another way to pave the road to his authoritarian reach.
These diverse interests have coalesced in a coordinated assault on academic freedom, free speech, and critics of Israel. An early sign of this assault was evident during last year’s congressional hearings in which a number of Ivy League university presidents were summonsed to appear in order to be skewered by Republican members of Congress. The hearing’s most memorable moment began with a Republican representative, falsely claiming that the expression heard in some demonstrations “from the river to the sea, Palestine will be free” was an antisemitic call for genocide against Jewish people. She then quickly shifted gears asking the presidents whether there were punishments for calling for genocide against Jews. The presidents were flummoxed by this illogical leap and gave confused responses.
Then, in the midst of the Columbia University campus protests, the Republican Speaker of the House made a visit to the school demanding a crackdown. Other Republicans joined in pointing out that the campuses were bastions of un-American liberal elitism and needed to be taught a lesson. A congressional committee threatened to cut federal funds to campuses that didn’t stop protests, punish protesters, and rid their campuses of pro-Palestinian, anti-Israel activities and courses.
Pro-Israel groups were emboldened to file complaints with the Office of Civil Rights charging administrators with turning a blind eye to faculty and student antisemitism.
In the face of these challenges, the cowering began. During the summer of 2024: campuses brought in security consultants to rewrite faculty and student codes and handbooks; courses were eliminated; and faculty were silenced. Columbia University even set up an office that encouraged students to file complaints against pro-Palestinian students and faculty. Repression was in full swing.
With the election of Donald Trump the pressures intensified. Columbia University became a “whipping boy” because of both its prestigious status and demonstrated willingness to cower. Despite the university’s efforts, last week the Trump administration increased the pressure on Columbia, announcing that the school was losing $400 million in federal grants. Clearly Mr. Trump intended to teach as the same lesson he was teaching Ukraine (and indirectly other countries or campuses): “Do what I demand, or you'll be punished.”
Then came the news from Mr. Trump that a graduate student at the university, Mahmoud Khalil, was being deported for antisemitism. Other than the fact that Khalil was the lead negotiator on behalf of the student protestors, there was no evidence of anything he had said or done to warrant that charge.
It appears that the purposes behind this move are to create fear, silence criticism of Israel, and force the university and students and faculty to bend in the face of this oppressive march toward authoritarian rule. With widespread protests being mounted in the face of this pending deportation, it remains to be seen whether Trump’s deportation order will succeed or backfire. In either case, damage has been done and not only to free speech, but also to the very idea of academic freedom that has long been a hallmark of American education.
***
For several years following the 9/11 terrorist attacks, Zogby International polled Arab attitudes toward the United States. We were prompted to do so by a Time Magazine cover which featured then-President George W. Bush’s famous response to the question: “Why did Arab terrorists attack us?” He was quoted as saying they did so because “they hate our values of democracy and freedom.”
Our survey results found that Bush’s flippant observation was untrue. In every Arab country in which we polled, substantial majorities expressed strong appreciation for America’s freedom and democracy. They also liked: the American educational system, American cultural products, and the American people.
What Arabs did not like were American policies, especially those toward Palestinians, and Arabs and Muslims in the U.S. In follow-up interviews we conducted to better understand the findings, one respondent said, “I love America’s values, but they don’t want to apply them to Arabs.” Another said, “I studied in America, and I love the country. I don’t feel America loves me. I feel like a jilted lover.”
At the poll’s conclusion we asked respondents for their overall favorable or unfavorable attitude toward the U.S. The results were overwhelmingly unfavorable. and when we asked whether their attitudes were based on America’s values or policies, it was the policies that were determinative.
Not only is Donald Trump continuing the policies of his predecessors that are alienating to Arabs, but he’s also damaging the very values of freedom and democracy that the rest of the world admires about our country.
Khalil's wife said that "officers in plain clothes—who refused to show us a warrant, speak with our attorney, or even tell us their names—forced my husband into an unmarked car and took him away from me."
The family of Mahmoud Khalil, a legal permanent resident of the United States now at risk of deportation because he helped lead pro-Palestinian protests at Columbia University last spring, on Friday released a video of his recent arrest by U.S. Department of Homeland Security agents in New York City, which has sparked legal battles and protests.
"You're watching the most terrifying moment of my life," Khalil's wife, Noor, said in a statement about the two-minute video. "This felt like a kidnapping because it was: Officers in plain clothes—who refused to show us a warrant, speak with our attorney, or even tell us their names—forced my husband into an unmarked car and took him away from me."
"Everyone should be alarmed and urgently calling for the freedom of Mahmoud and all other students under attack for their advocacy for Palestinian human rights."
"They threatened to take me too, even though we were calm and fully cooperating. For the next 38 hours after this video, neither I or our lawyers knew where Mahmoud was being held. Now, he's over 1,000 miles from home, still being wrongfully detained by U.S. immigration," said Noor, whose husband is detained at a facility in Jena, Louisiana.
Noor, who is eight months pregnant, noted that "Mahmoud has repeatedly warned of growing threats from Columbia University and the U.S. government unjustly targeting students who want to see an end to Israel's genocide in Gaza. Now, the Trump administration and DHS are targeting him, and other students too."
"Mahmoud is clearly the first of many to be illegally repressed for their speech in support of Palestinian rights," she added. "Everyone should be alarmed and urgently calling for the freedom of Mahmoud and all other students under attack for their advocacy for Palestinian human rights."
Khalil, who finished his graduate studies at Columbia in December, is an Algerian citizen of Palestinian descent. He was living in the United States with a green card until his arrest on Saturday. In response to a filing by his legal team—which includes Amy Greer from Dratel & Lewis, the Center for Constitutional Rights (CCR), and the Creating Law Enforcement Accountability & Responsibility (CLEAR) project—a judge has temporarily blocked his deportation.
The ACLU and its New York arm have joined Khalil's legal team, and his attorneys filed an amended petition and complaint on Thursday. NYCLU executive director Donna Lieberman said that with the new "filing, we are making it crystal clear that no president can arrest, detain, or deport anyone for disagreeing with the government. The Trump administration has selectively targeted Mr. Khalil, a student, husband, and father-to-be who has not been accused of a single crime, to send a message of just how far they will go to crack down on dissent."
"But we at the NYCLU and ACLU won't stand for it—under the Constitution, the Trump administration has no basis to continue this cruel weaponization of Mr. Khalil's life," Lieberman added. "The court must release Mr. Khalil immediately and let him go home to his family in New York, where he belongs. Ideas are not illegal, and dissent is not grounds for deportation."
Samah Sisay of CCR reiterated those messages as the arrest video circulated on Friday, saying that "Mr. Khalil was taken by plainclothes DHS agents in front of his pregnant wife without any legal justification. Mr. Khalil must be freed because the government cannot use these coercive tactics to unlawfully suppress his First Amendment protected speech in support of Palestinian rights."