Protected Speech in Jeopardy: Mohsen Mahdawi’s Arrest and Release
Protestors supporting Palestine and Israel have discourse in a public area. Photo on Panther Prowler.
Political speech, which criticizes one’s government or public officials, is considered the most protected form of speech by the Constitution’s First Amendment. Yet, this fundamental freedom continues to be challenged by federal authorities today.
On April 30, Columbia University student, Mohsen Mahdawi, was released from prison on bail by a federal judge in Vermont after being detained in federal immigration custody for weeks prior.
Mahdawi’s arrest occurred on April 14, when Homeland Security Investigations agents abducted him from a naturalization interview, following ten years of legal residence in the country.
The rationale behind his arrest was that his presence as an activist and advocate for Palestinian liberation posed “serious adverse foreign policy consequences.”
Born and raised in a Palestinian refugee camp within the West Bank, Mahdawi organized and led protests criticizing Israel’s military activity in Gaza on Columbia’s campus.
The arrest originates in section 237 of the Immigration and Nationality Act, which allows the Secretary of State to “deem a person deplorable” in the case that their presence may cause negative repercussions for the country.
On the matter, current Secretary of State Marco Rubio declared that Mahdawi’s activities undermined “U.S. policy to combat antisemitism.” However, Mahdawi’s lawyer claims he has been “very vocal in his opposition to antisemitism.”
The cabinet member has expressed his commitment to deporting anyone associated with Palestinian rights protests, even lawful permanent residents with green cards, a clear violation of the 14th Amendment's Due Process Clause.
Senator Bernie Sanders, backed by several other Democratic congresspersons, called the arrest cruel, inhumane and, most importantly, illegal and unconstitutional. Regardless of one’s morals, upholding constitutional principles is the pillar of ensuring a just American legal system.
Mahdawi’s upcoming case in federal court will test these proclamations by the executive branch, determining the constitutionality of the administration’s asserted intentions.
In an interview after his arrest, Mahdawi talks about his experience in the U.S., having previously been able to speak his mind about political issues without fear of punishment. However, he calls his arrest a “red flag,” indicating that these freedoms may very well be at risk.
Allowing the executive branch to have jurisdiction over when speech qualifies as a threat to U.S. foreign policy goals is extremely dangerous.
Free speech is foundational to the nation and is what has maintained the democratic system for nearly 250 years. Inability to question authorities drives corruption and repression, highlighting why political speech is so sacredly protected.
Judge Geoffrey Crawford, who released Mahdawi, stated that he is “neither a flight risk or a danger to the community,” specifying that his continued detainment would create a “chilling effect on protected speech.”
Mahdawi is not the only one who has been arrested for speaking out. Numerous other student activists across the country have dealt with attacks on their fundamental freedoms to express discontent with their government and public officials, including Mahmoud Khali, also from Columbia, Badar Khan Suri from Georgetown University and Rümeysa Öztürk from Tufts University.
In a diverse nation of many conflicting opinions, the Constitution upholds the core values that have allowed for the persistence of this nation ever since its founding. The concept of justice derives from these documents and principles.
Following his release, Mahdawi has assured his peers and supporters that justice for all is still possible. Crawford’s ruling is evidence that upholding constitutional values is not lost.
Now, once again with the ability to openly articulate his thoughts, Mahdawi announced, “To President Trump and his cabinet: I am not afraid of you.”