University Free Speech Group Challenges Trump Administration While University Stays Silent
When federal agents arrested Columbia University student a student activist in his university residence, the institute director understood a significant fight was coming.
The director leads a Columbia-affiliated institute dedicated to protecting free speech rights. Khalil, a green card holder, had been active in Palestinian solidarity protests on campus. Previously, Jaffer's organization had organized a symposium about constitutional protections for immigrants.
"We recognized this connection with this situation, since we're part of the university," Jaffer stated. "We viewed this arrest as a serious infringement of constitutional freedoms."
Major Legal Win Challenging Administration
Last week, the institute's lawyers at the Knight First Amendment Institute, together with the law firm their co-counsel, secured a landmark victory when a district court judge in Massachusetts determined that the arrest and attempted deportation of the student and additional activists was illegal and purposely created to suppress protest.
Government officials announced it will appeal the verdict, with White House spokesperson a spokeswoman describing the judgment an "outrageous ruling that undermines the protection of our nation".
Growing Divide Between Organization and Institution
The ruling elevated the profile of the Knight Institute, propelling it to the frontlines of the conflict with Trump over fundamental American values. However the win also underscored the widening chasm between the organization and the university that houses it.
This legal challenge – described by the judge as "perhaps the most important ever come under the jurisdiction of this court" – was the first of several challenging Trump's unprecedented assault on universities to go to trial.
Trial Revelations
Throughout the two-week trial, citizen and noncitizen scholars testified about the atmosphere of fear and silencing caused by the detentions, while government agents revealed details about their dependence on reports by conservative, Israel-supporting organizations to pick their targets.
A legal expert, chief lawyer of the academic organization, which filed the lawsuit along with some of its chapters and the Middle East Studies Association, called it "the primary constitutional case of the current government currently".
'Institution and Organization Occupy Different Sides'
While the court victory was praised by supporters and scholars nationwide, Jaffer received no communication from university leadership after the decision – an indication of the tensions in the stances taken by the institute and the institution.
Even before the administration began, Columbia had come to symbolize the declining tolerance for pro-Palestinian speech on American universities after it summoned officers to remove its campus protest, suspended dozens of students for their protests and severely limited demonstrations on campus.
Institutional Agreement
This summer, the institution reached a deal with the federal government to pay millions to resolve discrimination allegations and accept significant limitations on its independence in a action widely condemned as "capitulation" to the administration's bullying tactics.
The university's compliant stance was starkly at odds with the Knight Institute's principled position.
"We're at a time in which the university and the organization hold opposing views of some of these critical questions," observed Joel Simon at the free speech center.
Institute's Mission
The Knight Institute was launched in recent years and is housed on the university grounds. It has obtained substantial support from the university as part of an arrangement that had each contributing millions in program support and endowment funds to establish the center.
"My hope for the organization in the years ahead is that when there is a time when the government has overstepped boundaries and fundamental rights are at stake and few others is prepared to step forward and to declare, enough is enough, that's when the this organization who will have taken action," stated Lee Bollinger, a constitutional expert who established the center.
Public Criticism
Following recent events, the university and the Knight Institute found themselves on different sides, with the institute regularly criticizing the institution's management of pro-Palestinian protests both in private communications and in increasingly unforgiving public statements.
In correspondence to campus administration, the director condemned the decision to suspend two student groups, which the institution said had broken rules concerning holding campus events.
Escalating Tensions
Subsequently, the director further criticized the institution's choice to call law enforcement onto campus to remove a non-violent, pro-Palestinian encampment – leading to the arrest of numerous activists.
"Institutional policies have become separated from the principles that are essential for the university's life and mission – such as free speech, scholarly independence, and equality," he stated in that instance.
Student Perspective
Khalil, in particular, had appealed to university administrators for protection, and in an op-ed composed while jailed he stated that "the reasoning used by the administration to target myself and my peers is a direct extension of the university's suppression approach regarding Palestine".
The university settled with the Trump administration shortly after the case wrapped in court.
Organization's Reaction
Following the agreement was announced, the Knight Institute published a strong criticism, stating that the settlement sanctions "an astonishing transfer of autonomy and control to the administration".
"Columbia's leaders ought not accepted this," the statement stated.
Broader Context
The institute has allies – organizations such as the ACLU, the free speech organization and additional rights organizations have opposed the government over free speech issues, as have labor organizations and other institutions.
Nor is it exclusively focusing on university matters – in other challenges to the Trump administration, the organization has sued on behalf of agricultural workers and environmental advocates challenging federal departments over climate-related information and challenged the withholding of government documents.
Unique Position
But its defense of campus expression at a university now synonymous with making concessions on it places it in a uniquely uneasy situation.
The director showed understanding for the lack of "favorable choices" for university administration while he described their agreement as a "major error". But he emphasized that despite the institute positioned at the other side of its parent institution when it comes to dealing with the president, the university has allowed it to operate without interference.
"Especially right now, I don't take that freedom for granted," he stated. "If Columbia tried to restrict our work, I wouldn't remain at Columbia any more."