Knight Institute expresses concern over tracking speech on college campuses amid Israel-Hamas conflict

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Columbia University’s Knight First Amendment Institute sent a letter to the Department of Justice and the Department of Homeland Security, emphasizing that an anti-hate initiative to track threats and antisemitism on college campuses should not overstep First Amendment boundaries. 

Key Players

The Knight First Amendment Institute was established by Columbia University and the Knight Foundation in 2016 with the mission to protect free expression in the digital age. The institute conducts research on various Free Speech issues, such as the expansion of the surveillance state, government secrecy, and the possession of personal data by private corporations. It is also involved in First Amendment litigation and public education programs.

The U.S. Department of Justice (DOJ), headed by Attorney General Merrick Garland, oversees the administration of justice, particularly regarding federal law and violations by a state or municipality. 

The Department of Homeland Security (DHS), headed by Secretary Alejandro Mayorkas, is the federal executive department responsible for domestic public security. It engages in efforts related to counterterrorism and homeland security threats, border security, immigration and customs, cybersecurity, economic security, and disaster prevention.  Republicans in the U.S. House of Representatives have launched an effort to impeach him.

Further Details

On Dec. 12, 2023, the institute expressed concern toward a federal initiative, in partnership with campus law enforcement, to counter antisemitism on college campuses by tracking “hate-related threats.” While recognizing the importance of delegating resources to address violence and similar threats on college campuses, it advocated for the implementation of “clear limits” and “strong oversight” to regulate the initiative.

“In the absence of those limits and oversight, there is a risk that the new initiative will result in the surveillance and investigation of students’ constitutionally protected speech and protest about the war,” the letter states. 

In the two weeks following the Oct. 7, 2023, terrorist attacks by Hamas on the southern border of Israel, the Anti-Defamation League recorded 312 incidents of alleged antisemitism across the United States. President Joe Biden’s administration implemented measures in late October in an attempt to combat the phenomenon on college campuses. One hundred cybersecurity advisers and 125 protective security advisers from the DOJ were assigned to work with campus authorities to help identify areas of need. 

Additionally, NBC News reported that the Department of Education’s Office for Civil Rights updated its complaint to emphasize that the Civil Rights Act of 1964 “prohibits certain forms of antisemitism and Islamophobia.”

In regard to the potential violation of the First Amendment rights of students, especially of “Muslim and Arab communities,” the institute cautioned the DOJ and DHS that the initiative, if conducted recklessly, could lead to similar surveillance abuses that occurred in the years after Sept. 11, 2001. The institute recalled the actions of the Federal Bureau of Investigation to restrict the Free Speech rights of Muslims, including enlisting confidential informants and infiltrating mosques. It referred to the “mapping” of Muslim communities following the 2001 terrorist attacks, a system based on stereotypes regarding which groups were “most likely to support terrorism.” 

The letter also acknowledged the harm that can generate when protests and vigils in opposition to the Israeli government get conflated with support of Hamas, which is  recognized internationally as a terrorist organization. 

“The rush to brand legitimate student protests as extremist has eerie resonances with the rhetoric of that era,” the letter declares.

The institute also objected to efforts to  track and punish “students’ protected speech and protest activities” covertly and posed several questions to Garland and Mayorkas, including what circumstances would warrant the DOJ and DHS to monitor student activity, what the investigative standards are, and whether there are safeguards in place to ensure students are not investigated based on their First Amendment activity, among several other concerns.  

Outcome 

Institute reinforces sentiment

Adriana Lamirande, a spokesperson for the Knight Institute, reinforced the sentiment expressed in the letter in an email, Inside Higher Ed reported on Dec. 13. 

While she did not deny the importance of the administration’s concern about antisemitic incidents on college campuses, she emphasized the recognition of First Amendment rights. 

“Federal agencies have a role to play in tracking and investigating such incidents, but they must be careful not to expand their mandate in a way that infringes on constitutionally protected activity,” she said.