President Donald Trump posted on Truth Social, stating “illegal protests” at universities will not be tolerated, threatening to cut federal funding to schools that allow such protests. The March 4 post raised concerns regarding First Amendment rights, and their aim to protect freedom of speech and assembly.
“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!” Trump’s post read.
Athens Law Director Lisa Eliason said the distinction between legal and illegal protests primarily hinges on whether the protest activities are conducted lawfully and without infringing on the rights of others.
“Legal protests are protected under the First Amendment, which safeguards peaceful assemblies, protests, and other forms of free speech,” Eliason said. “However, those protections do not extend to actions that involve violence, unlawful behavior, or the obstruction of others' rights.”
Director of the E.W. Scripps School of Journalism Eddith Dashiell said she was immediately concerned when she saw Trump’s post.
“I have a genuine fear that universities are going to start cracking down on student protests under the heading of 'we’re only following the law,’” Dashiell said.
Dashiell said simply “following the law” was the same mentality behind Jim Crow Laws from the late 19th century to the mid-20th century.
“You had colored only and white only theaters and churches because we were only following the law,” Dashiell said. “Well, the law was wrong and if there weren’t people willing to stand up and say these Jim Crow laws, these segregation laws were wrong and need to be changed, nothing would have happened.”
Dashiell said she believes higher education must provide students with the tools to think for themselves.
Lauren Vince, a freshman studying marketing and sales, said she was shocked after seeing the post.
“I think that this entire administration is just trying to put fear in the younger generation and stop them from getting the education they deserve,“ Vince said.
Although the post may have incited initial concern among students and staff, Vince said she now feels more motivated to participate in protests.
“I actually feel encouraged because being discouraged by this, that's what they want, they want us to be afraid of protesting,” Vince said. “I think that protest is one of the highest forms of activism that we can do right now.”
Vince said she thinks there is a fine line between arresting someone for protesting illegally and committing illegal acts while protesting.
Dashiell said she has seen more protests this semester than in her almost 30 years at Ohio University.
Enforcing the post may threaten federal funding to these universities, which could change the landscape of public colleges and institutions.
“As I’ve said in my law class, the First Amendment is only 45 words on a sheet of paper,” Dashiell said. “It doesn’t mean anything unless people are willing to support it and respect it.”
Although Trump’s recent post concerns students and faculty, OU allows students to participate in expressive activities on campus property.
“Under First Amendment law and the university’s policies, protestors on campus may express their views in many ways, including by assembling, demonstrating, and marching,” university policy says “Those activities are constitutionally protected and must be permitted, so long as they are not disruptive or violate basic use rules.”
With threats to pull funding looming over universities, Dashiell says many institutions across the U.S. have to focus on keeping their revenue stream coming in.
Dashiell said even when times were better for freedom of speech on college campuses, she still tells students, “you have to do what you need to do to survive.”
“You have to decide what kind of education you want,” Dashiell said. “Do you just want the piece of paper? Then don’t speak out. Just go with the flow and you’ll get the diploma. But is it worth anything? Have you really learned anything?”