The End of Free Speech?

Earlier this March, agents from the Department of Homeland Security, or DHS, arrested Mahmoud Khalil at his Columbia University-owned apartment building in New York City. Khalil, a lawful permanent resident of the United States, was then promptly disappeared by federal agents, who refused to tell Khalil’s wife (a U.S. citizen) why he was being detained or where he was being held. He has since been found by his attorneys and partner in a private Louisiana detention facility notorious for abuse. His deportation was successfully, though only temporarily, halted by a federal judge.

An initial hearing in Khalil’s case was subsequently heard—without him present—in New York City. There, the Department of Justice defended the kidnapping, and backed the White House’s claimed rationale: the Trump administration doesn’t approve of Khalil’s speech, and therefore it has the right to forgo due process, revoke his green card without judicial order, and deport him.

Khalil is a prominent pro-Palestinian leader at Columbia University. He was one of students’ lead negotiators during the anti-genocide encampments that formed on its campus in 2024. It is this right to speech, enshrined in the U.S. Constitution, and affirmed over and over and over again, that President Donald Trump and Secretary of State Marco Rubio are endeavoring to unilaterally, and with no constraints, gut.

Trump and his allies seemingly hope to manufacture a future in which any public critic of the administration or its friends can be defined, and prosecuted, as a “terrorist” for whom basic civil liberties can be summarily suspended.

To this end, the federal government has made no case that Khalil has committed a crime. Instead, the Trump administration has continuously boasted that Khalil is being targeted with the full force of the state for engaging in speech it doesn’t like; speech that is unambiguously guaranteed by the First Amendment, and that the White House now seeks to classify as “terrorism.”

Should Trump and Rubio succeed, as The Intercept aptly summarized, it will symbolize the death of free speech for American citizens and green-card holders alike.

Of course, it isn’t just Khalil—though if the government succeeds in his case it will be a chilling bellwether for the state of speech and protest in the Trump years and beyond. Even just in the weeks since kidnapping Khalil, it’s been reported that DHS officers have arrested another student protester at Columbia, stripped a different Columbia student of their visa status, denied a French scientist entry to the United States reportedly because of their expressed political disagreement with the administration, disappeared dozens of New Mexico residents, and more.

Of course, this playbook isn’t new, and Republicans have long sought to gut protected speech, and protected protest in particular. Indeed, dozens of Stop Cop City protesters and organizers are still navigating an abusive investigation and prosecution regime in Georgia that functionally seeks to render public displays of political dissent as violent conspiracy and “domestic terrorism,” including speech activities as mundane as handing out pamphlets.

As baseless and unconstitutional as those prosecutions were and still are, it’s this principle that is being pushed to new and even-more horrifying depths, as Trump and his allies seemingly hope to manufacture a future in which any public critic of the administration or its friends can be defined, and prosecuted, as a “terrorist” for whom basic civil liberties can be summarily suspended.

Indeed, Donald Trump, while turning the White House into a car dealership earlier this month, told reporters that people protesting Elon Musk’s hostile takeover of the U.S. federal government at Tesla storefronts, or protesting “any company,” should be labeled domestic terrorists, and that was something he “will do.”

Should the political persecution of Khalil succeed, it will foster a new era of the militarized American police state that greenlights the arbitrary and capricious abduction of organizers, dissidents, and critics of the Trump administration and the corporations it serves.

It should not need to be said, but to say it anyway: If foundational constitutional rights can be unilaterally suspended by the government, with no trial or even formal documentation of so-called wrongdoing, then those rights do not actually exist for anyone.

Who stands to benefit from such a bleak future? Advocates for authoritarianism for one, and corporations for another.

While the executive branch targets protesters’ rights to speech on White House orders, Trump’s own corporate allies and donors are pursuing adjacent tactics to divest normal people of the right to criticize the corporate hegemons ruining our lives.

Greenpeace, for example, just lost the trial brought against it by Energy Transfer, which seeks to functionally sue the group out of existence in the U.S. for criticizing the Dakota Access Pipeline (DAPL). That notorious project, controlled by Energy Transfer, is well-known for its environmental racism and for deploying extreme force against environmental advocates, Indigenous communities, and others who opposed it.

Greenpeace is set to appeal the verdict, but if Energy Transfer should ultimately succeed, it would not just spell the end of Greenpeace’s U.S. operations, but will also usher in a new era in which corporate money can not just silence, but wholly eradicate, organizations that are critical of corporate polluters, labor abusers, price-gougers, and more. Such a future would place a price tag on First Amendment protections, with only the most well-resourced entities in the country seemingly eligible to enjoy it, and everyone else left vulnerable to their whims and machinations.

The political kidnapping of Mahmoud Khalil is an egregious attempt to undo 233 years of American constitutional law, and—regardless of what Trump or others claim—threatens to end the right to free speech, and democracy, as we know it. Should the political persecution of Khalil succeed, it will foster a new era of the militarized American police state that greenlights the arbitrary and capricious abduction of organizers, dissidents, and critics of the Trump administration and the corporations it serves. That, to be clear, would wholly cement the United States’ descent into full-fledged fascism.

Crucially, though, even if they fail to make Khalil the defining, and chilling, example of a new epoch of American political prisoners, Donald Trump and his allies in and outside of government have made it clear: They want to eliminate the First Amendment, and will do whatever it takes to do so.