Alarming shift: on the U.S. government and free speech rights  

Secretary of State Marco Rubio has confirmed that there is an ongoing programme in the United States to revoke the visas of foreign students who are “taking activities that are counter to our national interest, to our foreign policy”. Reports suggest that several hundred visas have been revoked, which include those held by Indian students. These reports also indicate that the U.S. government is using surveillance of social media activity as a basis for these revocations. Mr. Rubio also referenced the more troubling aspects of the Gaza war protests — Jewish students were reportedly harassed or university buildings were occupied. In his view, if an action would justify denying a visa at the application stage, it is grounds for revocation after issuance. However, this development raises concerns about the U.S. government’s stance on the free speech rights of foreign nationals who reside in the country legally. Not all those affected by these visa revocations have been disruptive. The right to free speech is enshrined in the First Amendment to the U.S. Constitution. Although the amendment explicitly restricts Congress from curtailing speech, it has long been interpreted broadly. It protects “people”, not just “citizens” — though the distinction may have been less defined at the time of its writing.

Whether this right extends to foreign nationals legally present in the U.S. remains a grey area. Various laws — from those of the late 18th century to more recent regulations concerning the impact on U.S. foreign policy — have placed limits on such expression. Yet, historically, foreign students have often been vocal critics of U.S. domestic and foreign policies without facing punitive action. And, university administrations have generally defended the free speech rights of students and academics. Despite its imperfections — both historic, such as the internment of Japanese Americans during the Second World War, and ongoing, such as systemic racial inequalities — the U.S. has been a beacon of liberal values and due process. These are principles admired around the world, often more than its material wealth or professional opportunities. For many, it is the commitment to values such as free speech that makes the U.S. exceptional. That commitment now appears to be at risk. The U.S. system of checks and balances, which guards against the abuse of power, should assert itself — perhaps through judicial intervention — to rein in the overreach by the Trump administration and preserve the freedoms that define American democracy and inspire large parts of the world.