Freedom of speech
Subterms
Latest story
More stories
- in US Politics
Trump’s border intimidation is coming for US citizens too – ask streamer Hasan Piker | Owen Jones
Where are all the free speech warriors on the right now? Hasan Piker, a popular streamer with 4.5 million followers across YouTube and Twitch, who has been hailed by mainstream publications such as the New Yorker and New York Times as the left’s answer to the deluge of rightwing internet influencers, says he was detained and questioned for hours by border control agents as he re-entered the US (Piker is a US citizen). It is an instructive moment. Countries that behave like this towards political commentators and dissenting voices who are their own citizens are either nakedly authoritarian, or well on the way.Piker was reportedly interrogated at length not just about Hamas, the Houthis and Hezbollah, but his views on Donald Trump. The 33-year-old pundit – an unapologetic champion of the Palestinian cause – stuck to a message of opposing “endless bloodshed” and siding with civilians. That the biggest progressive streamer in the US was subjected to this experience is emblematic of a phenomenon that requires an accurate and insistent description: it is the biggest assault on free speech in the west since the height of McCarthyism seven decades ago.When foreign-born citizens – including green card holders – began to be detained by US authorities over their opposition to Israel’s genocide, it should have been clear that this was just phase one: US citizens would be next. Sure, Piker wasn’t arrested, but the authorities are pushing the boundaries bit by bit. The numbers of foreign visitors entering the US are falling as it is, undoubtedly driven by fears of a punitive border regime. But Piker’s detention sends a message to Americans with dissenting opinions – not least opponents of Israel’s genocide. The threat of being stopped at the border and subjected to lengthy interrogation simply because of what you think is straightforward political intimidation. It won’t stop there.That the vice-president, JD Vance, railed against Europe for a supposed war on free speech underlines what a sham this favoured narrative of the right always was. Weeks later, his boss announced that universities allowing “illegal” protests would be starved of federal cash – with Columbia University losing $400m despite having clamped down on pro-Palestinian protests – and dissenting students would be variously expelled, arrested, imprisoned or deported. Alas, it was under the Biden administration that the McCarthyite blacklisting-style campaign began, with defenders of Palestinian rights being variously deplatformed, fired and threatened.Indeed, Vance could have noted how European countries such as Germany have assaulted free speech by silencing pro-Palestinian activists: from imposing crippling restrictions on protests and violently assaulting demonstrators to shutting down conferences, sacking people who speak out and now seeking to deport activists, too. Alas, it’s not really free speech that Vance is interested in, but rather advancing far-right politics.If we’re going to discuss who is being stopped at the border, let’s discuss the astonishing 23,380 US citizens who serve in the IDF, according to figures quoted in the Washington Post a year ago. Many of them are undoubtedly committing unspeakable war crimes in Israel’s genocidal onslaught. Yet they are being waved through the border. And that really sums it up. If like Piker, you speak out against genocide, you are liable to be treated as a criminal as you enter your own country. If you’re a US citizen serving in a foreign army committing heinous atrocities, you’re more likely to be treated as a hero. The world is turned on its head.
Owen Jones is a Guardian columnist
Do you have an opinion on the issues raised in this article? If you would like to submit a response of up to 300 words by email to be considered for publication in our letters section, please click here. More
- in US Politics
To my husband, Mahmoud Khalil: I can’t wait to tell our son of his father’s bravery | Noor Abdalla
Exactly a month ago, you were taken from me. This is the longest we have been apart since we got married. I miss you more and more every day and as the days draw us closer to the arrival of our child, I am haunted by the uncertainty that looms over me – the possibility that you might not be there for this monumental moment. Every kick, every cramp, every small flutter I feel inside me serves as an inescapable reminder of the family we’ve dreamed of building together. Yet, I am left to navigate this profound journey alone, while you endure the cruel and unjust confines of a detention center.I could not be more proud of you, Mahmoud. You embody everything I ever hoped for in a partner and the father of my children. What more could I ask for as a role model for our children than a man who, with unwavering conviction, stands up for the liberation of his people, fully cognizant of the consequences of speaking truth to power? Your courage is boundless, and now more than ever, I am in awe of your strength and determination. Your voice, your belief in justice, and your refusal to be silenced are the very qualities that make you the man I love and admire.We will not forget those who have orchestrated this injustice, the government officials and university administrators who have targeted you without cause, without any shred of evidence to justify their actions. They sit in their ivory towers, scrambling to fabricate lies and distort the truth, throwing accusations like stones in the hope that something will stick. What they fail to realize is that their efforts are futile. Their wrongful detention of you is a testament to the fact that you have struck a nerve. You’ve disrupted the false narratives they’ve worked so hard to maintain, and spoken a truth that they are too terrified to acknowledge. What more do we have than our fundamental right to free speech, when they constantly attempt to strip us of our dignity, telling us we are unworthy of life, of respect, of voice? Now, they seek to punish that very speech, to silence the words that challenge their corrupt and oppressive systems.They are trying to silence you. They are trying to silence anyone who dares to speak out against the atrocities happening in Palestine. But they will fail. We will not be silenced. We will persist, with even greater resolve, and we will pass that strength on to our children and our children’s children – until Palestine is free. I eagerly await the day when I can tell our son the stories of his father’s bravery, of the courage that courses through his veins, and of the pride he should feel to carry Palestinian blood … your blood. And, more than anything, I pray that he will not have to grow up fighting the same fight for our basic freedoms.We will be reunited soon. Until then, I will continue to fight for you, for us and for our family. Your resilience and your courage will guide us through the storm. You are my best friend, my comrade, the very air that sustains me when it feels as though there is none left. I know your spirit is unwavering, that they cannot break you, and that you will emerge from this stronger than ever. I have no doubt that, when you are finally released, you will raise your hands in the air, chanting: “Free Palestine.”
Dr Noor Abdalla is a dentist and a soon-to-be mother. She is the wife of Mahmoud Khalil More
- in US Politics
Just like McCarthy, Trump spreads fear everywhere before picking off his targets | Kenan Malik
‘Gold, mister, is worth what it is because of the human labor that goes into the finding and getting of it.” It’s a line spoken by Walter Huston in the 1948 film The Treasure of the Sierra Madre, a story about greed and moral corruption directed by his son, John Huston. That line was to have appeared on screen at the beginning of the film. It didn’t, on orders from the studio, Warner Bros. “It was all on account of the word ‘labor’,” John Huston later reflected. “That word looks dangerous in print, I guess.”It was a relatively insignificant moment in the drama of America’s postwar red scare. McCarthyism proper had still to take flight. Yet, so deep ran the fear already that a single, everyday word could create consternation in Hollywood.McCarthyism, the historian Ellen Schrecker has observed, “was a peculiarly American style of repression – nonviolent and consensual. Only two people were killed; only a few hundred went to jail.” Yet it constituted “one of the most severe episodes of political repression the United States ever experienced”.Sackings and legal sanctions created such fear that, in the words of the political philosopher Corey Robin, society was put “on lockdown”, with people so “petrified of being punished for their political beliefs” that “they drew in their political limbs”.It was not just communists who were silenced. “If someone insists that there is discrimination against Negroes in this country, or that there is an inequality of wealth,” claimed the chair of one state committee on un-American activities, “there is every reason to believe that person is a communist.” This at a time when Jim Crow still held the south in its grip. The red scare paused the civil rights movement for more than a decade and drew the teeth of union radicalism.Fear has always been a means of enforcing social order, most obviously in authoritarian states, from China to Saudi Arabia, Turkey to Russia, where repression becomes the foundation of political rule. In liberal democracies, order rests more on consensus than overt brutality. But here, too, fear plays its role. The worker’s fear of being sacked, the claimant’s of being sanctioned, the renter’s of being made homeless, the fear of the working-class mother facing a social worker or of the black teenager walking past a policeman – relations of power are also relations of fear, but fears usually so sublimated that we simply accept that that’s the way the system works.It is when consensus ruptures, when social conflict erupts, or when the authorities need to assert their power, that liberal democracies begin wielding fear more overtly as a political tool to quieten dissent or impose authority. Think of how the British state treated Irish people in the 1970s and 1980s, or miners during the great strike of 1984/85.Seventy years on from McCarthyism, America seems to be entering such a moment. Over the past month, we have seen the mass deportation to a notorious foreign jail of hundreds of people declared to be illegal immigrants and gang members, without evidence or due process; the arrest, detention and threatened deportation of foreign students, including Mahmoud Khalil, Rumeysa Ozturk, Momodou Taal and Yunseo Chung, for protesting about the war in Gaza; the blacklisting of law firms representing clients of whom Donald Trump does not approve; the mass sackings of federal workers.Fear works here in two ways. The targets of repression are groups about whom it is easier to create fear, and so easier to deprive of rights and due process. Doing so then creates a wider climate of fear in which people become less willing to speak out, and not just about Palestine. Already, “whole segments of American society [are] running scared”, as one observer put it.Institutions such as universities, Schrecker concluded about the 1950s, “did not fight McCarthyism” but “contributed to it”, not only through dismissals and blacklists but also through accepting “the legitimacy of what the congressional committees and other official investigators were doing”, thereby conferring “respectability upon the most repressive elements” of the process.It’s a process repeating itself today. Earlier this month, after cancelling $400m (£310m) in federal grants and contracts, Trump made a series of demands of Columbia University, including that it change its disciplinary rules, place the Middle Eastern, South Asian and African Studies department under “academic receivership” and adopt the contested International Holocaust Remembrance Alliance definition of antisemitism that its own lead drafter, Kenneth Stern, condemns as having been “weaponised” into “a blunt instrument to label anyone an antisemite” and to “go after pro-Palestinian speech”. Last week, Columbia capitulated.skip past newsletter promotionafter newsletter promotionMichael Roth, the president of Wesleyan University, one of the few academic leaders willing to speak out, decries “the greatest pressure put on intellectual life since the McCarthy era”, describing “anticipatory obedience” as “a form of cowardice”. Cowardice, though, has become the defining trait, most university leaders “just happy that Columbia is the whipping boy”. Columbia may be the first university in Trump’s crosshairs, but it won’t be the last. Keeping silent won’t save them.In his incendiary speech in Munich in February, the US vice-president, JD Vance, harangued European leaders to worry less about Russia than “the threat from within, the retreat of Europe from some of its most fundamental values”, especially free speech. The same, it would seem, applies to America, too. Many of those who previously so vigorously upheld the importance of free speech have suddenly lost their voice or now believe that speech should be free only for those with the right kinds of views. The brazen hypocrisy of Vance, and of the fair-weather supporters of free speech, should nevertheless not lead us to ignore the fact that, from more intrusive policing of social media to greater restrictions on our ability to protest to the disciplining, even sacking, of workers holding “gender-critical views”, these are issues to which we urgently need to attend.“I live in an age of fear,” lamented the essayist and author EB White in 1947, after the New York Herald had suggested that all employees be forced to declare their political beliefs to retain their jobs. He was, he insisted, less worried “that there were communists in Hollywood” than to “read your editorial in praise of loyalty testing and thought control”. It is a perspective as vital now as it was then, and as necessary on this side of the Atlantic as in America. More
- in US Politics
‘Trump derangement syndrome’ and the Goldwater rule for psychiatrists | Letter
A bill was recently introduced to the Minnesota legislature to categorise “Trump derangement syndrome” as a mental illness. The proposed bill defines the syndrome as characterised by “verbal expressions of intense hostility toward” Donald Trump and “overt acts of aggression and violence against anyone supporting [Trump] or anything that symbolises [Trump].”Such a bill obviously infringes on our constitutional right to freely criticise our elected leaders and can serve as a stepping stone towards labelling and punishing political opponents under the guise of utilising a variety of compulsory psychiatric interventions. However, this bill is reminiscent of anti-Trump mental health professionals who have opined that President Trump poses a great danger because of a severe personality disorder.Clearly, a psychiatric diagnosis can only be made by mental health professionals who are licensed to do so, and only after having examined a patient. It poses great danger to our society both when legislators use their political power to impose a psychiatric label on their political opponents and when mental health professionals misapply their expertise to give a psychiatric label to those whom they fear.In the 1960s, many psychiatrists opined on the mental health of the Republican presidential candidate Barry Goldwater. As a result of that controversy, in 1973 the American Psychiatric Association developed the “Goldwater rule”, which applies to public figures. It states that it is unethical for a psychiatrist to offer a proper authorisation for such a statement.This rule is still in effect, though much too often broken. Perhaps we need to develop a comparable national rule prohibiting political personnel, both elected and appointed, from creating psychiatric diagnoses as a tool against their political opponents.Leon Hoffman Psychiatrist, New York City, US More
- in US Politics
There can be no ‘Israel exception’ for free speech | Kenneth Roth
The Trump administration’s threatened deportation of Mahmoud Khalil seems to reflect a dangerous disregard for freedom of expression – a blatant example of official censorship to curb criticism of Israel.Khalil was a recent graduate of Columbia University’s School of International and Public Affairs. He holds a green card, giving him permanent residence status, and is married to a US citizen. They are expecting their first child soon. Immigration agents arrested him last week in his university housing and sent him for detention from New York City to Louisiana. He had been a leader of protests against Israeli war crimes in Gaza.Beyond that, the facts are contested. His friends called him “kind, expressive and gentle”. A Columbia professor described him as “someone who seeks mediated resolutions through speech and dialogue. This is not someone who engages in violence, or gets people riled up to do dangerous things.”But Donald Trump, hailing his arrest, suggested Khalil was among students “who have engaged in pro-terrorist, anti-Semitic, anti-American activity”. The administration has presented no facts to back up these assertions, but even were it to do so, the suggestion that permissible speech can be a basis for deportation is deeply troubling. Trump vowed more such deportation efforts.Ordinarily, the first amendment protects even offensive speech. Although the government retains greater latitude to deport non-citizens, Trump’s rhetoric suggests an intention to step way over the line of propriety. What does it mean to be “anti-American”? As we saw during the McCarthy era, people can face that accusation for a wide range of legitimate political views. Such campaigns are the antithesis of the free debate that is essential for US democracy.As for the charge of “antisemitism”, Trump seems to be fueling a disturbing tendency to use claims of antisemitism to silence criticism of the Israeli government. Antisemitism is a serious problem that threatens Jews around the world. But if people see accusations of antisemitism as mere efforts to censor critics of Israel, it would cheapen the concept at a time when the defense against real antisemitism is urgently needed.Even Trump’s unsupported suggestion that Khalil is “pro-terrorist” needs unpacking. To begin with, opposing Israel’s indiscriminate and disproportionate attacks on Palestinian civilians, as well as its starvation of them, does not make anyone pro-terrorist. Israel is required to carry out its military response to Hamas’s appalling murders and abductions of 7 October 2023 in accordance with international humanitarian law. War crimes by one side never support war crimes by the other. Pointing that out, if that’s what Khalil did, does not make him “pro-terrorist”; it makes him pro-civilian.The Trump administration’s retaliation against Khalil is part of its larger attack on campus protests against Israeli war crimes in Gaza. Just days earlier, the administration announced the withdrawal of $400m in federal funding from Columbia for supposedly failing to protect Jewish students and faculty during anti-Israel protests, the vast majority of which were entirely peaceful. Other universities have now been threatened with a similar suspension of their funding.Coincidentally, I spoke on the Columbia campus days before Khalil’s detention. As a Jew, I did not feel the least bit threatened. Indeed, many of the protesters against Israeli atrocities have been Jewish. Again, Trump’s pretext for censoring critics of Israel is transparently thin.If we tolerate an Israel exception to our rights of free speech, we can be sure that other exceptions will follow. Trump likes to half-jokingly refer to himself as a “king”. Are we heading toward a Thailand-style lèse majesté under which criticism of the king is criminalized?But censoring criticism of Israel is a poor strategy even for protecting Israel. Trump’s plan to “solve” Israel’s Palestinian problem by forcibly deporting millions of Palestinians would be a huge war crime; it has been rightly rejected by the Arab states that Trump envisioned receiving the refugees or later paying to rebuild Gaza.skip past newsletter promotionafter newsletter promotionFailing that plan, the Israeli government would prefer the status quo – endless occupation – but the world increasingly rejects that option as apartheid, as did the international court of justice in July. Another option would be to recognize the “one-state reality” created by Israel’s illegal settlements in the occupied West Bank and East Jerusalem, but the Israeli government refuses to provide equal rights to all residents. Roughly the same number of Jews and Arabs like between the Mediterranean Sea and the Jordan River, so Israel would lose its Jewish majority.The most realistic, legal and enduring option remains a two-state solution, an Israeli and Palestinian state living side by side in peace. The Israeli prime minister, Benjamin Netanyahu, has devoted his political career to avoiding a Palestinian state, but it is the best prospect for lasting peace.In pressing Netanyahu to agree to the current temporary ceasefire in Gaza, Trump showed his capacity to exert pressure on the Israeli government to take steps toward peace that it resists. He could do the same for a two-state solution.But to build a political support for this important step, we need free debate in the United States. Trump’s efforts to censor criticism of Israeli misconduct is a recipe for endless war and atrocities. Free speech is required if we hope to do better. Trump should reverse his misguided effort to deport Khalil.
Kenneth Roth, the former executive director of Human Rights Watch (1993-2022), is a visiting professor at Princeton’s School of Public and International Affairs. His book Righting Wrongs was just published by Knopf More
- in US Politics
Trump is using Mahmoud Khalil to test his mass deportation plan | Heba Gowayed
On 8 March, Mahmoud Khalil, a graduate student at Columbia University, was apprehended from university housing by Immigration and Customs Enforcement (Ice) agents. Khalil, a Palestinian and student leader at the Columbia encampments last year, was told by the arresting officers that his green card had been “revoked”, an action that only an immigration judge can decide. It has since been revealed that he is in Ice custody in La Salle, Louisiana, a detention site notorious for abuse.On Truth Social, Donald Trump celebrated the apprehension of Khalil, whom he called “a Radical Foreign Pro-Hamas Student” and bragged of more arrests to come.Khalil has not been accused, by anyone, of violating the law. Instead, his apprehension is a dangerous example of deportation as a retaliation for first amendment-protected speech. Simply put, Khalil was punished for protesting against US complicity in what is widely recognized as a genocide in Gaza. The Trump administration has exploited anti-Palestinian racism as a means to test its mass deportation goals: whitening the nation by eliminating immigrants and insisting that those who are here not challenge those in authority. Khalil’s arrest and detention reveals the fragility of our first amendment protections, of who does and does not have a voice in our nation.As a professor, I am troubled by the central role that academia, which in its ideal form is a bastion of free speech and critical thought, is playing in this assault on human rights. Universities and colleges have become consumed by a politics of consent, where to appease donors and politicians, leadership has collaborated in the targeting of their own students, and faculty largely remain silent in the face of assaults on them.As Israel began its bombardment of Gaza in October 2023, students across the nation set up encampments on their campuses, reminiscent of the anti-apartheid movement of decades past. The Gaza protests were overwhelmingly peaceful, with like-minded students from all backgrounds sharing meals and community.View image in fullscreenColumbia University administrators, for their part, called the the New York City police department to brutalize and arrest their students, criminalizing them. They have since sealed off the public spaces on their campus and restricted access to them, including illegally closing the 116th through street rather than risk any protest on the campus lawn. The brutality is ongoing: just last week, nine students from Barnard were arrested in a new escalation.Much has been written about the “Palestine exception” – the idea that advocating for Palestine is excluded from free speech protections. Well before 7 October 2023, people had been fired, sanctioned, or retaliated against for their writing and speech on issues related to the occupation of Palestine by Israel. Since then, the number has ballooned to thousands of cases as repression has intensified.In the lead-up to his arrest by Ice, Khalil reached out to Columbia twice asking for help, describing a “dehumanizing doxing campaign led by Columbia affiliates Shai Davidai and David Lederer” including a tweet by Davidai, a faculty member at Columbia, who called Khalil a “terror supporter” and tagged Marco Rubio, the secretary of state, to demand his deportation.Rubio deployed the racialized language of “terrorism” to announce that he would target international students for “visa denial or revocation, and deportation”. The announcement was applauded by Senator Tom Cotton and the House committee on foreign affairs, which tweeted from its official account: “Terrorist sympathizers are not welcome in the United States of America. Thank you @SecRubio and @POTUS for your leadership. Deport them all!”The campaign against Khalil, which White House officials admit is a blueprint for targeting other students, was successful. It was later reported that Rubio himself signed the warrant for his arrest, using a little-known provision in the law that allows the secretary of state to unilaterally determine whose presence is warranted in the nation. It means that the fate of Palestinians such as Khalil is being left to those who would dox a student, to those who want to ethnically cleanse Gaza.Democratic politicians came to Khalil’s defense even as they continued to condemn the protests that he was a part of, even as they saw it fitting to use the power of the federal government to sanction students for daring to speak out. In a statement criticizing the arrest, Hakeem Jeffries still felt compelled to describe Khalil exercising his right to protest as creating “an unacceptable hostile academic environment for Jewish students”.Columbia has not issued any statement of support for Khalil or for other immigrant students. Instead, the school updated its website stating that Ice could enter campus property without a judicial warrant in the case of “risk of imminent harm to people or property”. In other words, Columbia is endorsing that deportation – the torturous and forcible removal of a person from their life – is a fitting consequence for protest. It instructed its faculty to continue operating as “usual”.skip past newsletter promotionafter newsletter promotionThe implications of this are extraordinary and alarming. It means that as the country takes an authoritarian turn, as the laws become more McCarthyist, more draconian, this university and others are choosing to align themselves with that turn, to go above and beyond to apply the “law”, even if it means greenlighting the abduction of their students.To be sure, Columbia is not the only campus guilty of silencing pro-Palestinian voices. Last year I protested outside the City College of New York as my own students were loaded into police vans at the behest of chancellor of the City University of New York. In February, an advertisement for a Palestine studies position was removed from our hiring platform due to the intervention of the New York governor, Kathy Hochul, who deemed it to be “antisemitic” because it included the words “genocide” and “apartheid”.I am regularly in conversation with faculty who have lost their jobs, with students who have been expelled from their institutions for protest, with people across universities, across the country, who have been doxed and sanctioned and reprimanded for their voice.The tools of oppression, wielded against those students and faculty whose opinions run contrary to those who are in power, are now undermining the very foundations of this democracy. The freedom of Khalil – who is not a political symbol, but an expectant father – the freedom of everyone who raises their voice for Palestine, and the freedom of Palestinians themselves are tethered to all of our freedoms. Khalil’s safety is tied to that of every immigrant, whether on a student or an H1-B visa, or a permanent resident, or even a naturalized citizen. His freedom is tethered to everyone who cares about their right to free expression.As his case is adjudicated in the courts, which considers its legal dimensions, it is not just Mahmoud Khalil who is on trial, but the entirety of a nation teetering on the edge of authoritarianism. More
- in US Politics
Trump is using antisemitism as a pretext for a war on the first amendment | Judith Levine
On Saturday night, agents of the Department of Homeland Security arrested and detained the Columbia University graduate Mahmoud Khalil. He is still in Ice custody in a remote Louisiana lockup known for extreme human rights violations, from denial of food and water to medical “care” verging on torture.Khalil, a Palestinian Syrian, emerged as a leader in Columbia’s Gaza solidarity encampment last year and a level-headed negotiator with university officials on behalf of the student protesters. Married to a US citizen, he holds a green card. Neither his American wife, who is eight months pregnant, nor his lawyers were warned of the arrest or told where he would be held.The importance of Khalil’s arrest cannot be overstated. The state entered the home of a legal US resident, seized and imprisoned him and are now trying to deport him on criminal charges of abetting terrorism – for exercising his constitutional right to free speech.This is not the first time in American history that immigrants have been deported or US citizens persecuted for nonviolent political expression deemed dangerous by the government. But it is the first such arrest by an authoritarian regime determined to eliminate its perceived enemies. It will not be the last.Khalil’s ordeal should come as no surprise. The Trump administration announced recently it would revoke the student visas and green cards of “Hamas sympathizers” – AKA supporters of Palestinian liberation.But Trump has long prepared for this moment. As one of his first acts as president in January 2017, he realized his campaign promise to impose “a total and complete shutdown of Muslims entering the United States” in a series of executive orders banning entrance of travelers from seven predominantly Muslim countries and suspending the resettlement of Syrian refugees. The first two orders, both called “Protecting the Nation from Foreign Terrorist Entry into the United States”, were struck down as unconstitutional; a third revision passed muster.At the same time, rightwing supporters of Israel were working to equate criticism of Israel with antisemitism. And since criticism of Israel is equated with sympathy with its enemies, and Israel’s enemies are blanketly tarred as terrorists, antisemitism could also be elided with terrorism.In 2018, a bipartisan Antisemitism Awareness Act (AAA) was introduced in the House with 51 co-sponsors. Its purpose: to adopt the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism in enforcing Title VI of the 1964 Civil Rights Act, which prohibits discrimination by institutions receiving federal funding. The bill referred to the IHRA’s “contemporary examples of antisemitism” as potentially useful evidence of discriminatory intent. But it did not spell out its most politically useful example of antisemitism: that is, criticism of Israel.The AAA was not signed into law, but in December 2019 the White House issued Executive Order 13899, “Combating Anti-Semitism”, to carry it out. Looking back, the document looks almost cautious. As Congress did in its bill, the White House added a caveat: “Agencies shall not diminish or infringe upon any right protected under Federal law or under the First Amendment.”The 2019 order was a premonition; it didn’t see much use. Anyway, with his characterization of the Nazis marching it Charlottesville as “very fine people” fresh in mind, the president had little credibility with Jews. But now Trump is taking action. One of the executive orders to come off his desk just hours after inauguration was “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats”. The order both elaborates on the Muslim ban and defines the threats more vaguely – thus, more easily attacked.The US must institute “vigilant” vetting of visa applicants, the document says, as well as “aliens” already legally in the country, to ensure that they “do not bear hostile attitudes toward its citizens, culture, government, institutions, or founding principles, and do not advocate for, aid, or support designated foreign terrorists and other threats to our national security”. The order also seeks to protect the US against foreigners “who preach . . . sectarian violence [or] the overthrow or replacement of the culture on which our constitutional Republic stands”. Aside from material support for terrorists, the rest is constitutionally protected speech.At the end of the month came “Additional Measures to Combat Antisemitism” expanding EO 13899 in light of “an unprecedented wave of vile anti-Semitic discrimination, vandalism, and violence” since the Hamas-led attacks of 7 October 2023. Homing in on schools and colleges, it instructs authorities to use “all available and appropriate legal tools, to prosecute, remove, or otherwise hold to account the perpetrators of unlawful anti-Semitic harassment and violence”. Again, harassment and violence are not defined. And this time there is no mention of the first amendment.The president’s orders on antisemitism, like most of his orders, were also presaged by a plan from the Heritage Foundation: Project Esther, published on the first anniversary of 7 October, aims to vanquish the “virulently anti-Israel, anti-Zionist, and anti-American ‘pro-Palestinian movement’” it calls the “Hamas Support Network”. The so-called “Hamas Support Network” is not only “trying to compel the US government to abandon” Israel; it is bent on no less than “the destruction of capitalism and democracy”.The detailed strategy touts a list of 856 professors at more than 240 universities in the US and Canada who have “openly advocated or supported up to 63 different HSOs [Hamas Support Organizations]”; it indicts, by name, the progressive lawmakers (some of them Jews) who belong to an “active cabal of Jew-haters, Israel-haters, and America-haters in Washington”. It itemizes the myriad “Hamas Support Organizations” from which it would wrest first amendment protection, including Jewish Voice for Peace.skip past newsletter promotionafter newsletter promotionProject Esther’s methods are classically McCarthyist: “We must conduct legal, private research and investigation to uncover criminal wrongdoing. We must conduct audits, both academic and financial. We must conduct information campaigns that are designed to illuminate and expose – ‘name and shame’ – to undermine HSN and HSO members’ credibility.” The president’s cabinet can’t wait to start.We have been here long before Trump. The Alien Enemies Act of 1798, passed by a Congress fearful that noncitizens would take the enemy’s side in a war against the French, allowed the president to deport those deemed dangerous. The accompanying Sedition Act criminalized the publication – or utterance – of “any false, scandalous, and malicious writing” against the government.The Alien Registration Act (or Smith Act) of 1940 imposed sentences of up to 20 years for advocacy – as defined by the state – of the violent overthrow of the US government. It also required noncitizens – presumed proponents of violent overthrow – to register with the government. During the second world war, more than 5 million immigrants registered; 900,000 of them were deported as “enemy aliens”.Unless it is repealed, no law is dead. During the cold war, the FBI deployed a 1918 immigration law to imprison and deport foreign-born anarchists, communists, union organizers and pacifists. In his last days as Senate majority leader, Chuck Schumer, weakly flogged the Antisemitism Awareness Act, again without success. In February, when the homeland security secretary, Kristi Noem, announced that the agency would require immigrants to register so it could “track … and compel them to leave the country voluntarily”, she invoked the Immigration and Nationality Act of 1952. In his inaugural address, Trump vowed to revive the Alien Enemies Act of 1798. This week, he reinstated the Muslim ban.To be clear, the Trump administration is not interested in combating antisemitism.Elon Musk does Nazi salutes. The Pentagon’s new deputy press secretary, Kingsley Wilson, is accused of spreading antisemitic conspiracy theories. The health and human services secretary, Robert F Kennedy Jr, has claimed that Covid-19 was “ethnically targeted” to spare Ashkenazi Jews and Chinese people. The FBI has announced it will relax investigation of neo-Nazi terrorist cells, which have been regrouping since the president’s pardon of the January 6 insurrectionists, to focus on the surveillance of leftwing organizations including Black Lives Matter and the imaginary formation it calls Antifa.Antisemitism is the pretext for Trump’s interlocking multi-front wars on the first amendment, immigrants and higher education. Khalil is a well-known figure with good lawyers. He will hopefully be released. But his arrest is the opening act in a theatre of deportation that will become more and more real and real for unnumbered others who will disappear without petitions, support committees or press coverage.
Judith Levine is a Brooklyn journalist and essayist, a contributing writer to the Intercept and the author of five books More
- in US Politics
UN human rights chief ‘deeply worried by fundamental shift’ in US
The UN human rights chief has warned of a “fundamental shift” in the US and sounded the alarm over the growing power of “unelected tech oligarchs”, in a stinging rebuke of Washington weeks into Donald Trump’s presidency.Volker Türk said there had been bipartisan support for human rights in the US for decades but said he was “now deeply worried by the fundamental shift in direction that is taking place domestically and internationally”.Without referring to Trump by name, Türk, an Austrian lawyer who heads the UN’s rights body, criticised the Republican president’s measures to overturn longstanding equity and anti-discrimination policies, as well as repeated threats against the media and politicians.“In a paradoxical mirror image, policies intended to protect people from discrimination are now labelled as discriminatory. Progress is being rolled back on gender equality,” Türk said in comments to the UN human rights council in Geneva.“Disinformation, intimidation and threats, notably against journalists and public officials, risk undermining the work of independent media and the functioning of institutions,” he added. “Divisive rhetoric is being used to distort, deceive and polarise. This is generating fear and anxiety among many.”Since returning to power, Trump has continued to attack the press. Last month, he barred the Associated Press news agency – on which local and international media have traditionally relied for US government reporting – from the White House.His administration has launched a purge of anti-discrimination policies under the umbrella term of diversity, equity and inclusion (DEI), and moved to slash rights for transgender people. At the same time, the administration has sent panic through communities with its widespread and muddled immigration crackdown.Internationally, the US has moved to withdraw funding for international organisations that promote health and human rights, such as the World Health Organization, and imposed economic sanctions on the international criminal court, which is investigating war crimes in Gaza.Washington’s traditional allies, including Canada, France and Germany, are feeling increasingly alarmed as Trump lashes out at democratic leaders while expressing a fondness for autocrats, including the Russian president, Vladimir Putin.In his speech on Monday, Türk presented a concerned overview of the global rights situation, saying the world was “going through a period of turbulence and unpredictability”.“[What] we are experiencing goes to the very core of the international order – an order that has brought us an unprecedented level of global stability. We cannot allow the fundamental global consensus around international norms and institutions, built painstakingly over decades, to crumble before our eyes.”He called out the growing influence wielded by “a handful of unelected tech oligarchs” who “have our data: they know where we live, what we do, our genes and our health conditions, our thoughts, our habits, our desires and our fears”.Türk added: “They know how to manipulate us.”While his comments were not directed at the US, they come at a time of rising and consolidated power among American tech and social media billionaires who have fallen in line behind Trump.They include Elon Musk, who owns X and has been the 78-year-old president’s most prominent backer, but also Meta’s Mark Zuckerberg, who has ended factchecking programmes on Facebook and Instagram – a move the UN chief, António Guterres, has warned will open the “floodgates to more hate, more threats, and more violence”.Amazon’s Jeff Bezos, the world’s third-richest man and owner of the Washington Post, which in the last US presidential election declined to endorse a candidate for the first time in decades, recently banned opinion articles that did not support his views on “personal liberties and free markets”.Türk, whose comments were not limited to the situation in the US but could also apply to tech leaders in China and India, said that “any form of unregulated power can lead to oppression, subjugation, and even tyranny – the playbook of the autocrat”. More
