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President Trump posted a message on Truth Social this morning that put social media and college campuses on high alert. He :

Colleges can and should respond to unlawful conduct, but the president does not have unilateral authority to revoke federal funds, even for colleges that allow “illegal” protests. 

If a college runs afoul of anti-discrimination laws like Title VI or Title IX, the government may ultimately deny the institution federal funding by taking it to federal court, or via notice to Congress and an administrative hearing. It is not simply a discretionary decision that the president can make.  

President Trump also lacks the authority to expel individual students, who are entitled to due process on public college campuses and, almost universally, on private campuses as well.

Today’s message will cast an impermissible chill on student protests about the Israeli-Palestinian conflict. Paired with adopting an unconstitutional definition of anti-Semitism, and  threatening to deport international students for engaging in protected expression, students will rationally fear punishment for wholly protected political speech.

As ��ݮ��ƵAPP���� knows too well from our work defending student and faculty rights under the Obama and Biden administrations, threatening schools with the loss of federal funding will result in a crackdown on lawful speech. Schools will censor first and ask questions later. 

Even the most controversial political speech is protected by the First Amendment. As the  Supreme Court reminds us, in America, we don’t use the law to punish those with whom we disagree. Instead, “[a]s a Nation we have chosen a different course—to protect even hurtful speech on public issues to ensure that we do not stifle public debate.” 

Misconduct or criminality — like true threats, vandalism, or discriminatory harassment, properly defined — is not protected by the First Amendment. In fact, discouraging and punishing such behavior is often vital to ensuring that others are able to peacefully make their voices heard. 

However, students who engage in misconduct must still receive due process — whether through a campus or criminal tribunal. This requires fair, consistent application of existing law or policy, in a manner that respects students’ rights.

President Trump needs to stand by his past promise to be a champion for free expression. That means doing so for all views — including those his administration dislikes.