In yet another example of Donald Trump announcing new policy via social media, the president has now pledged to crack down on "illegal protests" at universities, warning that "agitators" will be headed to jail or targeted for deportation. On the campaign trail, Trump already pledged to crush pro-Palestinian protests if they ramp up again, including deporting foreign national students who participate. Peaceful protest isn't illegal. But what many do not realize is that counterterrorism law gives enormously wide-ranging discretionary authority to the president, to law enforcement, and to immigration officials that could be used to squelch free speech and dissent. For example: providing material support for terrorism is a federal crime. The breathtaking scope of this provision becomes more clear once we see how the terms are defined. "Material support" includes the provision of "service," "expert advice or assistance," "communications equipment," or "personnel" (including yourself). And the Supreme Court has confirmed that the support does not actually have to go toward any particular violent act that might be considered terrorism, only to a group that is designated as a Foreign Terrorist Organization (FTO) by the U.S. government, even if that support is otherwise lawful. Hamas is designated as an FTO and those opposing U.S. and Israeli policy are often accused of supporting Hamas. Could peaceful pro-Palestine protesters be charged with materially supporting terrorism?
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