Rep. Jason Smith’s call for defunding colleges over protests raises … – Southeast Missourian
A student protest about the war in Israel/Gaza takes place at the University of California, Berkeley's Sather Gate on Oct. 16.
Michael Liedtke ~ Associated Press, file
U.S. Rep. Jason Smith is one of several politicians in recent days calling for punitive actions against colleges that allow anti-Israel protests on their campuses.
At protests across the country, students have rallied for different types of actions regarding the conflict between Israel and Hamas in the Gaza Strip as civilian deaths climb.
Jason Smith
The protests and elected officials' reactions have ignited First Amendment concerns, while also sparking debate of what constitutes antisemitic speech and threats.
First Amendment experts say the sentiments to defund colleges or deporting student protesters don't pass muster of First Amendment precedent established by the U.S. Supreme Court.
Former President Donald J. Trump, Florida Gov. Ron DeSantis and South Carolina U.S. Sen. Tim Scott all three of whom are candidates for the 2024 Republican presidential nomination were among those calling for stripping student visas of any foreign students protesting against Israel, a U.S. ally. Such protests have been interpreted by some as pro-Hamas or antisemitic. The anti-Israel sentiment falls on a spectrum, from demands for a cease-fire to the full support of Hamas, a terrorist organization, and further extends on the spectrum to hate speech. Some students are "against violence, but we're just asking for the lives of Palestinians to be acknowledged as well," Nadia Ali, a Columbia University student protester, told The Associated Press.
Meanwhile, Jewish students are seeking protection from universities.
NBC News reported that antisemitic incidents rose 388% since Oct. 7 when Hamas members entered Israel and killed about 1,400 people, mostly civilians adding that more than 100 colleges and universities nationwide had seen walkouts or planned walkouts in support of the Palestinian people.
In addition to calling for stripping students' visa status, several officials, including Smith, have said colleges should face financial punishments for such protests.
"The Ways and Means Committee, the panel with sole jurisdiction over tax policy, will call in these schools because it is unacceptable that tax-funded universities are allowing student organizations to support terrorists. It is un-American," Smith said on Fox Business on Oct. 20. "We're going to be looking at the tax-free status of billion-dollar endowments, for instance. We're going to make sure these universities are held accountable. Unfortunately, these schools are more focused on pushing woke, liberal ideas across this country and ingraining these views into future generations of Americans."
Smith doubled down on his comments in written form. In a column published in the Southeast Missourian on Oct. 25, he wrote, "Congress and the American people will not forget on what side these institutions stood the day the largest number of Jewish people were killed since the Holocaust, and they must be held to account for their implicit, vile support of Hamas terrorists and violence against the people of Israel. Many of these organizations currently enjoy tax-exempt status in the United States, and their statements call into question the academic or charitable missions they claim to pursue. As the chairman of the Ways and Means Committee, I can promise that we will be looking further into what mission these universities are pursuing and will do everything we can to ensure our next generations are being educated not indoctrinated at the expense of American taxpayers."
Smith's office did not respond to a reporter's questions regarding how his suggestions would align with First Amendment protections or the newspaper's queries concerning enforcement of this policy, including how the government would determine which students were pro-Hamas vs. anti-war.
In his most recent column, published Oct. 31 in the Southeast Missourian, Smith wrote he was fighting for the First Amendment in other areas, focusing on his push against the government's efforts to "censor social media posts" regarding the government's efforts with social media companies to "fight misinformation".
Sign up for Daily Headlines
Get each day's latest first thing in the morning.
In the column, Smith stated "government officials shouldn't be able to decide what is acceptable speech." He said he hopes the Supreme Court, regarding the government's intervention in social media, "will do the right thing and rule that the federal government's actions were unconstitutional, and make sure these attacks on our freedom of speech never happen again. ... I will fight tooth and nail to stop the Left's nonstop efforts to force their radical beliefs and liberal values."
Southeast Missouri State University, the largest college in Smith's district, does not require students to state their cause during protests.
Citing the Missouri Campus Free Express Act, Southeast Missouri states "any person who wishes to engage in non-commercial expressive activity in the outdoor areas of the campus of the university shall be permitted to do so freely, as long as the person's conduct is not unlawful and does not materially and substantially disrupt the functioning of the university."
The policy covers many forms of demonstration, including rallies, speeches, sit-ins and more. The policy "encourages" providing prior notice to a campus office for scheduling purposes.
The Southeast Missourian requested comments through the university's assistant vice president for marketing and communications. The spokeswoman pointed the newspaper to the university's policy on protesting on campus, but did not respond to questions about whether the university had concerns about Smith's statements or whether the university was aware of any protests concerning the war.
While the pressures of government interference in social media are a fairly new phenomenon, protests of wars are part of the fabric of the United States' social history. The current war, like others before it, sparks strong emotions and opinions, especially now that videos of the war's human suffering are being shared on social media.
"I understand that what we're dealing with here is a legislator saying they would defund the university," said Kevin Goldberg, a First-Amendment attorney who works with the Freedom Forum, a not-for-profit organization that advocates for First Amendment freedoms. "I assume what he's thinking here is we have a much greater degree of control over the university as an educator rather than individual students or individual student groups. But I see all of these as First Amendment violations. The precedent from the Supreme Court on this is clear. You cannot punish students for what they say and what they believe in unless it falls categorically outside of the protection of the First Amendment. You can't single out one side of the debate vs. the other."
Goldberg cited two landmark decisions decided by the Supreme Court. The first is Healy vs. James, in which the court affirmed that college students' rights of speech and association apply to a state university campus like they do everywhere else. In that case, the school president had denied a left-wing student group its rights to protest, saying the group's philosophy was "antithetical to the school's policies". A year later, according to the Free Speech Center at Middle Tennessee State University, the University of Missouri was hit with a similar lawsuit, in which the court ruled that the Healy case made "clear that the mere dissemination of ideas no matter how offensive to good taste on a state university campus may not be shut off in the name alone of 'conventions of decency'."
Goldberg also cited a 2010 case, Holder v. Humanitarian Law Project. In that case, Goldberg said, the Supreme Court declared that "what is punishable is material support for terrorists and terrorist organizations, not expressions of support for terrorist organizations. Material support requires actions beyond speech. Taking those two (Holder and Healy) together it seems pretty clear that what's being proposed here will not fly, whether it's deporting students or defunding student groups."
Smith was not alone in high-ranking politicians and lawmakers in their support of stripping funding from colleges.
Scott wrote on X, formerly known as Twitter, that "if the college coddles them, revoke their taxpayer funding. We must stand up against this evil anti-Semitism everywhere we see it especially on elite college campuses."
Added Gov. Doug Burgum of North Dakota, a candidate for the 2024 GOP presidential nomination: "Anti-semitism cannot be tolerated. Period. The students responsible should be held accountable and if the university fails to do so it should lose any federal funding."
The Biden administration has announced plans to combat both antisemitism and Islamaphobia. Many Jewish students have expressed fearing for their safety, and argued that protests cross over the line to a form of harassment. Likewise, Muslim groups and organizations have expressed concerns about reports of abusive and threatening behavior as well.
The response to the Gaza conflict has highlighted the gray areas in the United States between speech and threats.
Lara Schwartz, an American University professor who is Jewish, told The Hill, a publication that focuses on Congress, in response to the debate over protest language, "It is important to understand that as a matter of the First Amendment, having an idea is very different than taking an action and having an idea is generally protected and conduct is not," Schwartz said. "The vocabulary is extremely contested here. What constitutes antisemitism, and when critiques of Israel as a country and a government crosses over into antisemitism, is a highly contested area. And it was before Oct. 7."
Read more here:
Rep. Jason Smith's call for defunding colleges over protests raises ... - Southeast Missourian
- More on the New York Trump Case and the First Amendment - Reason - May 5th, 2024 [May 5th, 2024]
- Campus encampment bans rarely violate the First Amendment. Here's why. - Foundation for Individual Rights and Expression - May 5th, 2024 [May 5th, 2024]
- Students were primed for First Amendment talk. This Pierce County district backed out - Tacoma News Tribune - May 5th, 2024 [May 5th, 2024]
- Campus chaos vindicates the American system and the First Amendment - The Hill - May 5th, 2024 [May 5th, 2024]
- Trump's Trial and the First Amendment - Reason - May 5th, 2024 [May 5th, 2024]
- Can Texas public universities remove protesters from campus? First Amendment experts explain - Austin American-Statesman - May 5th, 2024 [May 5th, 2024]
- Are gag orders constitutional? SCOTUS says it depends - VERIFYThis.com - May 5th, 2024 [May 5th, 2024]
- Donald Trump Has a First Amendment Right to Pay Hush Money to Support his Electoral Ambitions - Reason - May 5th, 2024 [May 5th, 2024]
- "Antisemitism Awareness Act of 2023" (Which Just Passed the House) Could Suppress First-Amendment-Protected ... - Reason - May 5th, 2024 [May 5th, 2024]
- What the First Amendment Means for Campus Protests - The New York Times - May 5th, 2024 [May 5th, 2024]
- ACLU of Wisconsin Emphasizes the Importance Of Student's First Amendment Rights Ahead of Protests Planned at UW ... - ACLU of Wisconsin - May 5th, 2024 [May 5th, 2024]
- Indiana University Officials Need to Follow Community's Lead on Commitment to First Amendment - ACLU of Indiana - May 5th, 2024 [May 5th, 2024]
- An American-Israeli Caught Between Antisemitism and The First Amendment - The Times of Israel - May 5th, 2024 [May 5th, 2024]
- Citizens United, campaign finance, and the First Amendment - Foundation for Individual Rights and Expression - May 5th, 2024 [May 5th, 2024]
- Studios Warn Of First Amendment Implications For SAG-AFTRA-Backed AI Bill To Require Consent For Digital Voice And Likeness - Deadline - May 5th, 2024 [May 5th, 2024]
- Norman Siegel: A lifetime of protecting the First Amendment - Spectrum News NY1 - May 5th, 2024 [May 5th, 2024]
- ACLU and First Amendment Coalition Challenge Cal Poly Humboldt's Campus Closure and Press Restrictions - Redheaded Blackbelt - May 5th, 2024 [May 5th, 2024]
- 13 seconds of bloodshed: Community shares themes of activism, First Amendment with upcoming May 4 commemoration - Kent Wired - May 5th, 2024 [May 5th, 2024]
- Day 2 of pro-Palestinian protests on Wisconsin campuses, First Amendment expert weighs in - WISN Milwaukee - May 5th, 2024 [May 5th, 2024]
- First Amendment under attack: How the Police State muzzles our right to speak truth to power - Washington Times - May 5th, 2024 [May 5th, 2024]
- UngagTrump The Fight for First Amendment: The Leader in Freedom Fundraising. - GiveSendGo - May 5th, 2024 [May 5th, 2024]
- What the First Amendment Means for Campus Protests - myheraldreview.com - May 5th, 2024 [May 5th, 2024]
- What to do if you get arrested? What to know about the First Amendment amid Tennessee campus protests - Knoxville News Sentinel - May 5th, 2024 [May 5th, 2024]
- What rights do protesters at the U of M encampment have? - KARE11.com - May 5th, 2024 [May 5th, 2024]
- Sen. Vance worries college protests are moving beyond First Amendment and into chaos for local communities - WTRF - May 5th, 2024 [May 5th, 2024]
- New Stablecoin Bill Faces Criticism for Stifling Innovation and Breaching First Amendment Regulation Bitcoin News - Bitcoin.com News - April 22nd, 2024 [April 22nd, 2024]
- TikTok ready to move to the courts to prevent ban in US - Ars Technica - April 22nd, 2024 [April 22nd, 2024]
- Say 'Yes' to the First Amendment Minding The Campus - Minding The Campus - April 22nd, 2024 [April 22nd, 2024]
- SCOTUS won't review decision that ratchets up legal risk at protests - Reporters Committee for Freedom of the Press - April 22nd, 2024 [April 22nd, 2024]
- OPINION | Tulane must commit to upholding First Amendment - Tulane Hullabaloo - April 22nd, 2024 [April 22nd, 2024]
- Parsons' Attorney Michael Judd Participates As Panelist At First Amendment Society Event - Mondaq News Alerts - April 22nd, 2024 [April 22nd, 2024]
- Does BVU know the first amendment? The Tack Online - BVU The Tack Online - April 22nd, 2024 [April 22nd, 2024]
- Weber State University students using their first amendment rights - The Signpost - April 22nd, 2024 [April 22nd, 2024]
- Pennsylvania Court Lets Suit Over Removal of Columbus Statue Go Forward - Reason - April 22nd, 2024 [April 22nd, 2024]
- Elon Musk to fund new First Amendment campaign to combat 'relentless attacks on free speech' - Fox News - April 20th, 2024 [April 20th, 2024]
- Elon Musk's Plan To Fund National Signature Campaign In Support Of First Amendment Met With Praise - Yahoo! Voices - April 20th, 2024 [April 20th, 2024]
- Don't Panic About the Supreme Court's Right to Protest RulingYet - The New Republic - April 20th, 2024 [April 20th, 2024]
- Supreme Court Is Apparently Fine with the Assault on the First Amendment That Is Mckesson v. Doe - Esquire - April 20th, 2024 [April 20th, 2024]
- NPR boss once called the First Amendment a 'challenge' and 'reverence for the truth' a distraction - Fox News - April 20th, 2024 [April 20th, 2024]
- Kerrville Residents File First Amendment Lawsuit In Federal Court Against City - The Texan - April 20th, 2024 [April 20th, 2024]
- NPR Against the First Amendment - The New York Sun - April 20th, 2024 [April 20th, 2024]
- Civics lesson: First Amendment rights are broad, but there are limits - Tennessean - April 20th, 2024 [April 20th, 2024]
- The Supreme Court effectively abolishes the right to mass protest in three US states - Vox.com - April 20th, 2024 [April 20th, 2024]
- Media Miss by the Left: Elon Musk to fund new First Amendment campaign to combat 'relentless attacks on free speech' - Straight Arrow News - April 20th, 2024 [April 20th, 2024]
- Supreme Court allows police officers suit to move forward against Black Lives Matter leader - The Hill - April 20th, 2024 [April 20th, 2024]
- Tom Cotton Clearly Hates The First Amendment - Betches - April 20th, 2024 [April 20th, 2024]
- A new Supreme Court case threatens to take away your right to protest - Vox.com - January 27th, 2024 [January 27th, 2024]
- No, Blocking Traffic Is Not Protected by the First Amendment - Reason - January 27th, 2024 [January 27th, 2024]
- Cable Giants Insist That Forcing Them To Make Cancellations Easier Violates Their First Amendment Rights - Above the Law - January 27th, 2024 [January 27th, 2024]
- Know Your Rights: Students in Higher Education & the First Amendment - New York Civil Liberties Union - January 27th, 2024 [January 27th, 2024]
- Star-Spangled Fascism: Extremists and the First Amendment - GBH News - January 27th, 2024 [January 27th, 2024]
- SPJ co-authors legal brief supporting First Amendment right to record and publish livestreamed court hearings - Society of Professional Journalists - January 27th, 2024 [January 27th, 2024]
- Star-Spangled Fascism: Extremists and the First Amendment - KPBS - January 27th, 2024 [January 27th, 2024]
- Letter writer reminds others about intent behind the First Amendment - Call Newspapers - January 27th, 2024 [January 27th, 2024]
- FCC's Jessica Rosenworcel On Trump Broadcast License Threats: First Amendment Guides Us. - Insideradio.com - January 27th, 2024 [January 27th, 2024]
- Faith-based school chaplains would test First Amendment - Fort Wayne Journal Gazette - January 27th, 2024 [January 27th, 2024]
- Arrested citizen journalist wasn't 'martyr' for journalism, 5th Circuit says in tossing her First Amendment suit - ABA Journal - January 27th, 2024 [January 27th, 2024]
- First Amendment Bowled Over by Lanham Act Again - The National Law Review - January 27th, 2024 [January 27th, 2024]
- Florida House passes HB 1 to ban kids 16 and under from having social media accounts - NBC 6 South Florida - January 27th, 2024 [January 27th, 2024]
- Lawmakers debate whether mostly banning mugshots violates the First Amendment - My Buckhannon - January 27th, 2024 [January 27th, 2024]
- Lizzo Accusers Say First Amendment Is No Reason To Throw Out Assault, Sexual Harassment & Discrimination Suit Against Grammy Winner - Yahoo... - November 13th, 2023 [November 13th, 2023]
- Trump Appeals Gag To Protect First Amendment Right To Intimidate ... - Above the Law - November 13th, 2023 [November 13th, 2023]
- Chemerinsky: 'I am a 70-year-old Jewish man, but never in my life ... - Foundation for Individual Rights in Education - November 13th, 2023 [November 13th, 2023]
- Prosecutors Mock Trump Attempt To Get Election Case Dismissed ... - Above the Law - November 13th, 2023 [November 13th, 2023]
- New bill to criminalize flying unauthorized flags on public property ... - Alabama Daily News - November 13th, 2023 [November 13th, 2023]
- This First Amendment Attack is Designed to Reduce Gun Ownership ... - America's 1st Freedom - November 13th, 2023 [November 13th, 2023]
- SGA Amendment to Make Amendments Easier Passes; Will Move to ... - PantherNOW - November 13th, 2023 [November 13th, 2023]
- Civil rights leaders cannot be held liable for acts of rogue protestors - Foundation for Individual Rights in Education - November 13th, 2023 [November 13th, 2023]
- Justice Department Announces Investigation of the City of Lexington ... - Department of Justice - November 13th, 2023 [November 13th, 2023]
- Danny De Gracia: Don't Fall For Fake Election News This Year ... - Honolulu Civil Beat - November 13th, 2023 [November 13th, 2023]
- Mike Johnson: The Christian Nationalist Speaker Daily Montanan - Daily Montanan - November 13th, 2023 [November 13th, 2023]
- AI and a marketplace of illusion and confusion - The Fulcrum - November 13th, 2023 [November 13th, 2023]
- Increased efforts to require party labels in Ohio races - Spectrum News 1 - November 13th, 2023 [November 13th, 2023]
- Louisiana's 'In God We Trust' Law May Violate Establishment Clause Of The First Amendment - TPM - November 7th, 2023 [November 7th, 2023]
- Coalition of Baptist leaders will file amicus brief challenging NAMB's view of First Amendment - Baptist News Global - November 7th, 2023 [November 7th, 2023]
- Legal Docket: Facebook and the First Amendment - WORLD News Group - November 7th, 2023 [November 7th, 2023]
- How First Amendment protections are limiting our ability to ensure ... - Slate - November 7th, 2023 [November 7th, 2023]
- The right to disagree matters | WORLD - WORLD News Group - November 7th, 2023 [November 7th, 2023]
- Woodland Park teachers win their fight to restore First Amendment ... - Colorado Public Radio - November 7th, 2023 [November 7th, 2023]
- Flagler County judge dismisses traffic tickets against 'First ... - Palm Coast Observer and Ormond Beach Observer - November 7th, 2023 [November 7th, 2023]