The Brian Lehrer Show Another Student Detained Over Pro-Palestinian Views
Mar 28, 2025
Lindsay Nash, an associate and clinical professor of law at Cardozo Law, brings her expertise to the discussion about a Tufts student's detention for pro-Palestinian beliefs. She unpacks the controversial intersection of free speech rights and immigration law, addressing concerns about government overreach. The conversation delves into the chilling effects of doxing and the implications of ICE's tactics on public perception. Nash highlights critical legal considerations for students and the broader implications for political expression in academic settings.
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Free Speech Rights of Non-Citizens
- Non-citizens possess free speech rights similar to U.S. citizens, affirmed by a 1945 Supreme Court case.
- The government sometimes argues that legal status matters, but this case involves a student with a valid visa.
Op-Ed and Free Speech
- Writing an op-ed criticizing Israeli military actions does not fall within the definition of "tearing up our campuses."
- Free speech is a core value protected by the First Amendment, especially political speech.
Adverse Foreign Policy Consequence
- The government's claim of "adverse foreign policy consequence" is novel and concerning, potentially setting dangerous precedent.
- A 1996 court decision found a similar charge unconstitutional due to vagueness and due process violations.