https://www.city-journal.org/article/mahmoud-khalil-columbia-campus-protest-hamas
Mahmoud Khalil—the green-card holder and Columbia-based Hamas sympathizer whom ICE detained last week—has overnight become a martyr for free speech. Advocates for his release, from Rep. Gerry Nadler and Sen. Chris Murphy to academic nonprofits, have framed Khalil’s detention as a violation of his speech rights. In this version of the story, he is an innocent campus protester caught up in the Trump administration’s crackdown on dissent.
These arguments don’t stand on firm First Amendment footing. As even the most Khalil-sympathetic legal scholars have acknowledged, the relevance of free-speech law in the case is at best unclear. Rather, as litigator Erielle Azerrad has explained, the case for Khalil’s deportation rests squarely on black-letter federal immigration law, and on the plausible threat that he posed to America’s foreign policy interests.
But Khalil’s defenders are not interested in the particulars of either his actions or the law. Many appear to be following a straightforward syllogism: Khalil protested on campus; thus, he is participating in the grand tradition of campus protests and deserves not only protection, but celebration.
The notion that campus protests are intrinsically noble has been advanced by baby boomers since their college days. That assumption has provided cover for many heinous acts since the 1960s. While students do enjoy First Amendment protections, the uncritical veneration of campus protest often serves to protect dangerous radicals like Khalil. We can’t—and shouldn’t—change the Constitution to regulate campus protests, but we should regard them with far more suspicion than we do.
The campus protest paints a powerful picture in our collective imagination. Since the 1960s, marching, carrying signs, and sitting in have been perceived as a college kid’s rite of passage. We dismiss their excesses as the excesses of youth.
In Khalil’s case, the actual content of Columbia’s protests is wildly at odds with this benign picture. Students called routinely for “intifada, revolution,” invoking the violence in Israel that left more than 4,000 dead. Columbia University Apartheid Divest—the group that Khalil helped lead—identified with militants from the global South and called itself part of an insurgency. And multiple student radicals occupied the school’s Hamilton Hall.