What is free speech?
What is free speech?
Freedom of speech is one of the most important freedoms guaranteed in the Bill of Rights. This fundamental civil liberty ensures that individuals can express their opinions without government censorship or punishment. It is a core principle underlying any democracy and free society.
Decades of legal precedent have largely upheld this right as sacrosanct. Except in a limited number of circumstances, U.S. citizens and lawful permanent residents have the right to express their opinions freely, even in most cases in which the speech is offensive, false, or hateful.
In the United States, freedom of speech has helped build a government and society based on debate and deliberation, rather than one based on repression and violence. While this right may at times expose Americans to hurtful or upsetting language and ideas, it also guarantees our rights to share our own ideas and language without fear of governmental interference.
Why are we talking about free speech?
The recent arrest of Mahmoud Khalil, a Columbia University student and lawful permanent resident, has raised urgent questions about free speech in the United States today – questions that are reverberating across the Jewish community.
This week, Immigration and Customs Enforcement (ICE) arrested Mr. Khalil, and the Trump Administration stated its intention to revoke his Green Card and deport him on the grounds that he allegedly “led activities aligned to Hamas.” A judge temporarily barred the deportation pending further review of the constitutionality of the government’s actions.
While Mr. Khalil has engaged in heated criticism of Israel and has led protests at Columbia, his words and actions as currently reported are protected by the First Amendment. The Trump Administration has yet to cite evidence of any illegal activities serving as the basis for its actions. Until such evidence is produced, it appears as though Mr. Khalil may have been solely targeted for his protected speech.
Why Does this Matter?
Free speech is indispensable to American Jews, who have exercised this right to advocate boldly for our communities and causes without fear of government retribution. If freedom of religion allows us to thrive as Jews, freedom of speech empowers us to thrive as Americans.
Because American Jews benefit so powerfully from free speech, it is incumbent upon us to defend it vociferously, including and especially when that means defending people with whom we disagree.
The American Jewish community has been divided over Mr. Khalil’s recent arrest and the Trump Administration’s promise to deport additional people for similar reasons. But we must remember that any efforts to weaken free speech protections can be weaponized against American Jews as well. We need to focus instead on promoting our values and beliefs by exercising our own free speech rights, not by supporting crackdowns on speech.
What can be done?
Learn → Read more about the history of free speech, why freedom of speech is indispensable in a robust democracy, and why defending it is not a partisan issue.
Speak → Call your member of Congress and ask that they challenge the detention of Mahmoud Khalil and any attempts to weaken free speech protections.
Act → If individuals or organizations in your community are defending crackdowns on speech, reach out to them privately to urge them to change course – especially if they are your political allies and/or Jewish partners. Remind them that restrictions on speech are ultimately bad for American Jews, and that the best way to counter harmful ideas and rhetoric is through exercising our own freedom of speech.
*Interested in hearing more about the discussions we’ve had around this? Check out this deeper dive.
