Since returning to the Oval Office on Jan. 20 for a second term, President Donald Trump has pushed his agenda forward by signing a plethora of executive orders that affect foreign relations, change how our federal government operates, and impact lives across the country. College students are especially feeling the effects of the new administration, as Trump has focused heavily on dismantling diversity, equity, and inclusion (DEI) programs in higher education, banning transgender athletes from participating in women’s sports, and dismantling the Department of Education. Most recently, Trump has targeted college protests, leaving many college students confused about what might be to come.Â
On March 4, Trump posted on Truth Social threatening to deport international students and expel or arrest American students for “illegal protests.” He wrote: “All Federal Funding will STOP for any College, School, or University that allows illegal protests. Agitators will be imprisoned/or permanently sent back to the country from which they came. American students will be permanently expelled or, depending on the crime, arrested. NO MASKS! Thank you for your attention to this matter.”
This statement follows the rapid increase in on-campus protests, largely surrounding the Israel-Hamas war, and it’s clear Trump is intent on cracking down on protests on this topic. But his threat to have student protesters arrested, expelled, or deported has raised many larger questions concerning free speech as a whole. Her Campus reached out to experts to clear up some questions.
What does Trump mean by “illegal” protests?
One of the biggest concerns about Trump’s Truth Social post was that it was unclear what “illegal” protests entail. “It’s not entirely clear what the Administration means by the term, but it should mean a protest that involves violence, vandalism, trespassing, or other criminal acts,” David Keating, President of the Institute for Free Speech, suggests to Her Campus. “In addition, it might also mean a protest that could violate federal civil rights laws.”
So, how can you be sure you’re protesting legally? “A wide range of local, state, and federal laws, as well as campus rules and policies, regulate how and when demonstrations may take place,” American University Washington College of Law professor Stephen Wermiel explains. “Typically, protesters might act illegally if a permit is required and they didn’t get one, or if protests are restricted to certain hours and demonstrators ignore that rule, or if protesters disrupt traffic in the streets or seize property or physically and actually threaten the safety of others.”
Can the Trump administration actually punish protesters?
A common refrain in response to Trump’s Truth Social post was, “Can he do that?” When asked if Trump’s threat was even legal, Wermiel hedges. “Trump’s order is not illegal because it is mostly a threat,” he says. What will actually matter, according to Wermiel, is how the threat might be carried out.Â
“Despite Trump’s threat, the federal government has no power to expel students from a university,” Keating explains. “It does have the power to revoke student visas or to cut funding if the university violates civil rights laws.”
So, going forward, all eyes will be on how protesters are handled to ensure individuals’ rights are protected when no laws are being broken.
How might Trump’s stance on campus protests impact free speech going forward?
Trump’s threat and recent action against vocal student protesters have created uncertainty, and sometimes fear, about protesting on college campuses — not just when it comes to protesting the current issues at hand, but also any future issues that they’re passionate about.
“Trump’s order will have a chilling effect on free speech, and I think that is what he is trying to do,” Wermiel says. “His threat will undoubtedly frighten some potential protesters, thereby violating their First Amendment right to lawful demonstrations. His threat will also likely cause some university officials and perhaps state and local law enforcement to crack down on protests that are perfectly legal. This will [have] a very harmful impact on freedom of speech.”
For more information on protesters’ rights, the American Civil Liberties Union has a comprehensive resource.