In the second Trump Administration, controversies have only grown, with the belief that Donald Trump is overstepping his presidential authority to punish actions he dislikes, rather than those that are illegal.
Organizations like PBS and the International Bar Association argue that the Trump administration’s policies are deliberately overstepping their boundaries and are testing the waters to see what Trump can get away with, such as using the Federal Communications Commission (FCC) to open investigations of media organizations with which Trump has feuded. The administration tried to bar The Associated Press from the White House press pool because it wouldn’t use Trump’s preferred name for the Gulf of Mexico, despite Trump’s claims that he has “Brought free speech back to America” upon his second inauguration.
Here are some of the potential First Amendment violations that Trump has fostered, approved of, or ordered.
The Arrest of Mahmoud Khalil
On March 8, 2025, Mahmoud Khalil, a Columbia University graduate student, was arrested by immigration agents under the claim that Khalil’s support for Palestine made him an advocate for Hamas, an organization that the US has on a terrorist watchlist. Trump has criticized these protests as “anti-Semitic” and “anti-American.”
Regardless of politics, arresting somebody for peacefully protesting against an act by the government is a clear violation of the First Amendment, which is meant to protect the right to assemble peacefully. As of now, Khalil has been released from detention and has promised to continue advocating for Palestine, against the wishes of the Trump administration, which voices apparent displeasure for these peaceful protests.
Harvard
On top of the arrest of Khalil, the Trump administration has been pressuring the protests that happen at colleges, citing “anti-Israel” rhetoric amongst the students and staff at Columbia University, furthering the university’s attempts to silence the pro-Palestine protests amongst its students.
Trump’s threats to Harvard, on the basis that they are “accepting too many foreign students and engaging in anti-Semitic behavior,” seem to cross constitutional boundaries.
According to the BBC, Trump has frozen over $3 billion in Harvard research grants and suspended non-American students from Harvard. Despite Harvard taking Trump to court, this unprecedented bullying by Trump sets a new fearful standard. As Trump targets Harvard, many believe he will target any college that he feels doesn’t do what he wants. Experts say that Trump’s intimidating tactics will likely have lingering effects long after his exit.
Mass Deportations and the ICE Protests
It’s no secret that the Trump administration has been vocal about its support and mobilization of Immigration and Customs Enforcement (ICE). The Trump administration has used ICE to arrest and deport these illegal immigrants to wherever they deem their original home to be, even reveling in the fact by posting ASMR about the subject.
The dismissal of the Trump administration when pressed by journalists on the issue reveals their lack of care for due process, the right to which is protected by the 14th Amendment.
Recently, the California ICE Protests in Los Angeles have been the focal point of Trump’s mission. Trump sent in the National Guard to quell the protests, against the requests of the California state officials, and is now keeping them there against their will. Trump states that he believes the President should be allowed to deploy the National Guard if he deems local law enforcement ineffective. The last time they were sent in was for the similarly mostly peaceful protests of George Floyd’s murder. Using military force to stifle protests, especially mostly peaceful ones, sets a terrifying precedent as Trump further threatens Democrat-led cities under a mass deportation threat.
Trump’s Bashing of the Media
Donald Trump has been vocal about his disdain for mainstream media, bashing PBS and National Public Radio (NPR) in an executive order calling it “biased news.” He repeated this reaction to a CNN report that states the US’s attack on Iran only set Iran back months, as opposed to Trump’s claim that the nuclear facilities were destroyed. Trump, like most politicians, likely plans to control the narrative surrounding him, but the way he continues to try to discredit any news that he finds problematic is at a level all his own.
