Democracy or Hypocrisy: The Attack on the First Amendment

Persons mouth being covered./Courtesy of Jahi Chikwendiu

By Serena Edwards 

   America is often called “the land of the free”, but how free are we when our freedom is limited?

   The First Amendment protects freedom of speech, the press, and the right to peaceful assembly; this ensures the government cannot censor the opinions of American residents. Since the controversial inauguration of President Trump on Jan. 20, 2025, Americans have had their constitutional rights restricted. Various social, political, and cultural groups across America have faced scrutiny, and various political protections are being criticized and revoked by the new leadership. Looking at America’s history of the civil rights movements, our constitution has always been targeted at a specific demographic while leaving out marginalized groups.    

   This administration’s attack on the First Amendment echoes past controversies. Back in 2020, during Trump’s first term, the Black Lives Matter (BLM) movement was violently suppressed.

   According to CNN, “When the protesters refused to leave, police sometimes used pepper spray and physical force to disperse the crowds.” 

   President Trump even deployed the National Guard against the BLM protests, while media outlets like Fox News, as well as Trump, according to NBC News, portrayed the protesters as “rioters” and “thugs,” diminishing the overall message of BLM.

    These were extreme measures used in contrast to Trump’s response to the insurrection of Jan. 6, 2021, on the US Capitol. 

   The protesters committed felonies by trespassing and vandalizing a federal building, yet President Trump pardoned them on his first day in office. According to GLAAD, “President Trump issued full commutations and pardons to those indicted and/or sentenced concerning the attack on the US Capitol on January 6, 2021.” The Jan. 6 insurrection was painted as “patriotic” by the right-wing conservatives in contrast to the criticism received for BLM and recent pro-Palestine protests. 

   This suggests a shift in how constitutional rights are upheld based on Trump’s biases. People are now concerned that they will be criminalized for speaking out about current political conflicts.

   This concern deepens now that permanent residents are being deported for exercising their First Amendment rights. Permanent residents are granted similar constitutional rights as American citizens, with limitations such as not being eligible to vote. 

   Mahmoud Khalil, a permanent resident, was arrested for supporting Palestine in a protest. Despite his resident status, Khalil was not protected by the rights he had. When he was arrested, he was not given due process, and he was also arrested without a warrant. 

   According to The Washington Post, “Federal agents did not have a warrant when they arrested Mahmoud Khalil, a Columbia University student who had been an outspoken advocate for Palestinian rights, according to court documents.” 

   However, a judge still cleared Khalil to be deported. According to CNN, “The decision by Assistant Chief Immigration Judge Jamee Comans in Louisiana on Friday came after the federal government submitted what it said was evidence alleging Khalil’s ‘beliefs, statements or associations’ made him deportable.” This was all in an effort to combat Khalil’s alleged antisemitism

   Antisemitism is the action of spreading hate towards Jewish people. Those in support of Palestine have been called “anti-semitic”, but does criticizing Israel’s actions equate to antisemitism? It is important to distinguish the difference between spewing hate towards people and confronting the violent actions of a country. Pro-Palestine protesters seek justice for the people living in Gaza who are affected by the political conflict.

   President Trump has been vocal about his support for Israel since his inauguration, demonstrating that support in various ways, including allowing the deportation of various non-citizens who are vocal in their support for Israel, such as Khalil. 

   According to BBC, “U.S. President Donald Trump has repeatedly alleged that pro-Palestinian activists, including Mr. Khalil, support Hamas, a group designated a terrorist organisation by the U.S. The president argues these protesters should be deported.”  

   Deporting Khalil violates his First Amendment right, as he is protected by the U.S. Constitution as a permanent resident. 

   Tufts University PhD candidate, Rümeysa Öztürk, has been detained for writing an op-ed about the attacks on Palestine. Yet Trump and his administration have continued to spread harmful rhetoric about select groups on Instagram, whilst receiving little to no consequence. 

   So far, the current administration has utilized this platform to defame immigrants and other groups that support their plight. Some of their posts included Valentine’s Day and ASMR-themed comedic videos of immigrant deportations, as well as posting an ICE tip line for people to assist in their seizure. This shows the hypocrisy within those who can share their opinion and be protected by the administration. 

   Prominent Trump supporter and political commentator Candace Owens has recently spoken out about the administration’s attack on the First Amendment in its entirety. On her YouTube channel, Owens addressed the situation and stood strong in her support for Palestine. As a result, she has faced backlash and allegations of being antisemitic and even being referred to as “Hitler”.

   “How could Trump be such a free speech enthusiast and allow these things to happen? […]  trying to suppress speech while pretending that you’re not suppressing speech, while pretending that you’re fighting DEI,” said Owens.

 As diverse members of various cultural and social groups, we have a duty to include all voices and defend constitutional rights for everyone. With the attack on the First Amendment, we must not lose our purpose and motivation but stand stronger than ever to fight for change.

   As civil rights activist John Lewis once said, “When you see something that is not right, not fair, not just, you have to speak up. You have to say something; you have to do something.”

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