President Donald Trump recently made headlines for threatening to stop “university funding from any university, school or university that allows illegal protests.” But constitutional experts at Washington University in St. Louis said there were no “illegal” protests. The First Amendment explicitly protects the right to peaceful assembly.
“Trump’s threat should relax and infuriate anyone who cares about the First Amendment,” said Gregory Magarian, a law professor at Thomas and Karole Green.
He said the protest was an open parliament trying to convey a message to political issues. Any form of public council could be illegal if law enforcement determines that parliament threatens public order.
“First Amendment protection of the rights of peaceful parliament means that law enforcement cannot declare illegal without exceptionally strong reasons,” Margrian said. “In addition, the First Amendment absolutely prohibits law enforcement from declaring that the General Assembly is illegal due to the information of the General Assembly, because, for example, the General Assembly happens to be a protest. Closing protests due to its information would blatantly infringe on freedom of speech.”
Trump also threatened to imprison, deport or deport “inciteers.”
“The ‘incite’ category of Trump threatens the government’s anger is even more ridiculous,” Margrian said. “‘incite’ is not a legal term for art. As the saying goes, “agitator” is usually someone who makes noise, destroys the status quo and draws attention to people’s careers. In other words, “incite” is a form of freedom of speech. Trump actually threatens to imprison, deport and expel people to speak.”
Why does Trump think protests are illegal? “Perhaps because the protests express Trump’s opposition – most obviously criticism of Trump himself,” Margrian said. “After all, this is the same president, hoping that the courts will weaken the First Amendment doctrine that protects us from civil liability for criticizing administration officials.
“The most important function of the First Amendment is to protect criticism of government officials and policies. If we abandon this protection, then our freedom of speech and the rights of a peaceful parliament have no meaning,” Magarian added. “Trump announced the First Amendment. Anyone who cares about constitutional democracy must be prepared to fight for our rights.”
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