For the American conservative commentators, it is rare that their issues have been as central to their political world as their supposed defense of “free speech” and the “First Amendment” to the US Constitution. Over the past decade, they have built a powerful political movement opposing the so-called cancel culture, which they claim has restricted open debate and punished free thinkers willing to express their opinions.
But with the Donald Trump administration seeking to deport Palestinian student and activist Mahmoud Khalil, a U.S. permanent resident (green card) holder married to an American-born woman who is eight months pregnant, from the country solely based on his political expression, many of these free speech advocates have changed their stance. The arrest and attempted deportation of Mahmoud Khalil demonstrates the blatant hypocrisy of many conservative voices regarding free speech in America. Conservatives who previously opposed "cancel culture" under the guise of defending free speech are now rushing to support state violence against critics of Israel by arresting and expelling these critics from American society.
On March 8, officials from the US Department of Homeland Security arrived at Khalil's home, arrested him, separated him from his wife, and transferred him to a detention center in Louisiana, a jurisdiction friendly to government lawsuits against immigrants. Although Judge Jesse Furman (of the Southern District of New York) temporarily blocked Trump's desire to immediately deport Mahmoud, the threat against him remains. The US government (which arbitrarily detained him) has not filed any criminal charges against him and has not presented any evidence to substantiate the Trump administration's propaganda claims that he "poses a threat to national security" and "incites violence," in the words of Tom Homan, the Trump administration's border official.
In fact, senior White House and Republican officials have essentially admitted that Khalil committed no crime. Secretary of State Marco Rubio justified his attempt to deport Khalil by claiming—without evidence—that he supports Hamas and “anti-Semitic activities.” This shows that even as Rubio blatantly misrepresents Khalil’s policies, he is actually trying to deport him because of his alleged policies. When asked what crime Khalil committed, House Speaker Mike Johnson reverted to propaganda talking points without any evidence.
It's worth noting what Khalil actually said in a 2024 interview with CNN, Mahmoud stated: "As a Palestinian student, I believe that the liberation of the Palestinian people and the Jewish people are intertwined and go hand in hand, and one cannot be achieved without the other. Our movement is a movement for social justice, freedom, and equality for all."
Perhaps that's why a large number of Jewish protesters took over the lobby of Trump Tower in New York City last Thursday (March 25, 2013) to demand Khalil's release. The Trump administration has argued that it has the authority to deport Khalil under the Immigration and Naturalization Act of 1952, which states that "any alien whose presence or activities in the United States, in the opinion of the Secretary of State, may have potentially adverse consequences for the foreign policy of the United States, shall be deportable." But the White House has not explained how a ceasefire and an end to Israel's genocide in Gaza would have "potential adverse foreign policy consequences," unless one considers that demanding an end to U.S. support for that genocide is "harmful" to U.S. national security. Under the Trump administration's sweeping interpretation of this language, any lawful permanent resident of the United States who criticizes any aspect of Trump's foreign policy—from Trump's desire to occupy Greenland to his abandonment of Ukraine—could be deported.
According to experts, this constitutes a clear attack on the First Amendment and constitutionally protected freedom of expression. A wide range of conservative voices who have repeatedly criticized “cancel culture” have rushed to defend the Trump administration’s ugly actions. To cite a number of examples: Conservative commentator Charlie Kirk, who has made opposing so-called “cancel culture” and defending free speech a core part of his political and advocacy discourse, used the same argument to defend the deportation of Mahmoud, whom Kirk described as a “Hamas promoter” and claimed, without evidence, that he “distributed Hamas propaganda leaflets”—baseless claims. Dinesh D’Souza, an Indian-born immigrant of American descent, followed a similar path, arguing against “cancel culture” on the one hand while calling for Khalil’s deportation based on his alleged offensive rhetoric against “Western civilization,” a claim that appears to be based on a fake Instagram post.
To be fair, there have been exceptions to this hypocrisy. Ann Coulter, the most famous, stated in her usual X-rated fashion, "There's almost no one I wouldn't deport, but unless they've committed a crime, isn't that a violation of the First Amendment?" Candice Owen questioned the lack of criminal charges against Khalil and refuted conservative claims about what Khalil said.
It's worth noting that, as with many of Trump's actions, his attack on Mahmoud's right to free speech may have backfired by provoking a dramatic backlash from advocates for Palestinian civil rights and freedom. Protests have resumed on campuses across the United States, and the American Civil Liberties Union announced it had joined Khalil's legal team. Several organizations have launched grassroots campaigns calling on universities to oppose Trump's actions and protect students' rights. Some elected Democrats have also taken a stand in support of Mahmoud Khalil, though many have remained silent. Senator Chris Murphy (D-Conn.) declared, "Today it's Mahmoud Khalil. Tomorrow it's me or you." Democrats on the Senate Judiciary Committee posted "Free Mahmoud Khalil" on Twitter and denounced Republican hypocrisy on free speech, saying, "They're so pro-'free speech' that Republicans will lock you up if you disagree with them. This is cancel culture."
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The American right vehemently defends free speech—unless it is pro-Palestine.