Whether you agree or disagree with Mahmoud Khalil, you need to watch his case

THE LEAD: Mahmoud Khalil, a graduate student at Columbia University and a legal U.S. resident, was picked up in an ICE raid Saturday and faces deportation. Khalil was a leading voice in the Palestine protests on the university’s campus last spring.

Khalil was detained Saturday night as he and his wife were returning to their Columbia University-owned apartment in upper Manhattan by officials from the U.S. Department of Homeland Security.

The agents told the couple that Khalil was being detained because his student visa had been revoked.

When his wife provided documents proving he was a green card holder, the agents said that was also being revoked and took him away in handcuffs, according to a lawsuit Khalil’s attorneys filed challenging his detention.

President Donald Trump discussed the matter in a social media post in which he supported the arrest and potential deportation, calling Khalil a “terrorist sympathizer” for his stand on the Palestine situation.

Secretary of State Marco Rubio concurred, saying Khalil’s protest actions were “aligned with Hamas” and thus it was acceptable to revoke his green card (and his marriage to a U.S. citizen, I guess) and deport him.

A court held up his deportation and his lawyers will be arguing Wednesday that he’s essentially being punished for exercising free speech.

 

DOCTOR OF PAPER FLASHBACK: We talked about the issues related to protests last year when a number of campuses were dealing with upheaval and cracking down on students who peaceably assembled. As we noted back then, you can’t just support free speech when it’s speech you like. The same is essentially true for all of the other aspects of the First Amendment.

In other words, if you’re cool with people standing up for Side A of an issue, you have to be cool with people standing up for Side B of that issue. As long as the protests and speech don’t run afoul of what the law has already stated as being out of bounds (fighting words, child porn etc.), the Bill of Rights protects those actions.

 

WHY YOU SHOULD CARE: You could easily make an argument that this is one guy, speaking out on a topic in a way that a lot of people don’t like, so it shouldn’t really matter.

You could make that argument and it would be both dead wrong and dangerous.

The actions here underlie a broader set of concerns for anyone who supports free expression. Earlier in March, the president noted he would crack down on colleges and universities that allowed for “illegal protests” to persist. It wasn’t clear what made something an “illegal protest” in the eyes of this administration, but I imagine that the translation would be “anything the president doesn’t like.”

Anyone who has an opinion about anything should probably be concerned about this approach, even if you disagree with everything Khalil stands for. Without legal protections for expression, it could be just a matter of time before whatever you think is worth talking about could land you in prison under some sort of trumped up charge.

 

DOCTOR OF PAPER HOT TAKE: Again, I don’t like a lot of speech or protests, and I’m pretty sure I wouldn’t agree with most of what Khalil has to say. That’s not the point of sticking up for his rights.

The law has long held that the government can’t suppress speech it doesn’t like, but it seems like we’re living in some sort of parallel universe right now where the government tends to do something beyond the pale and ask questions later. The Elon Musk line about how the administration will “make mistakes” but fix them up once they realize they made a mistake is a bad idea in general, but it’s even worse when it come to the inalienable rights associated with our country’s founding.

If the courts give the administration a pass and say, “Well, it’s just this one guy and, yeah, screw Palestine anyway,” it sets a dangerous precedent for when someone else upsets this administration. The cure for speech we don’t like is not to crush that speech. It’s more speech that presents a counterbalance to the original speech.

Even if the courts let this guy go, we still have the problem of how these actions have the potential to chill speech throughout the country. It’s like a bad parent smacking a kid in the head for voicing an opinion. That kid is probably not going to pipe up again, but the rest of the kids in that family are probably also going to keep their mouths shut.

That’s not how we’re supposed to roll as the United States.

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