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Mahmoud Khalil, a green card-holding legal permanent resident and student at Columbia University, has filed a lawsuit against the university, its trustees, and several officials. The lawsuit seeks to stop Columbia University and Barnard College from producing disciplinary records related to 11 incidents demanded by the U.S. House of Representatives Committee on Education and the Workforce.
Khalil was arrested by Immigration and Customs Enforcement (ICE) just days ago, sparking widespread outrage and concerns about the university’s handling of student activism and free speech. According to authorities, Khalil was arrested because he “led activities aligned to Hamas,” but there is no evidence to support this claim, and he has not been charged with a crime.
The lawsuit filed by Khalil and several other students argues that the committee’s demand for disciplinary records is an attempt to chill protected speech at Columbia University. The plaintiffs claim that the committee’s letter includes sections such as “Columbia Let Students Arrested in Hamilton Hall Off the Hook After Promising to Expel Them” and “Numerous Antisemitic Incidents Have Taken Place at Columbia Since the Fall 2024 Semester Began,” which are attempts to expose students to negative publicity and harassment.
The committee’s letter, sent in February, demands all disciplinary records related to 11 incidents, including the April 2024 takeover of Hamilton Hall and the obstruction of Columbia’s entrance and harassment of Jewish students in September 2024. The plaintiffs argue that this request is an attempt to coerce the university into violating its own contractual obligations to students and ignoring federal law.
Under the Family Educational Rights and Privacy Act (FERPA), universities are required to protect student privacy, including disciplinary records. However, the committee’s letter suggests that it is willing to disregard FERPA in order to achieve its goals.
The lawsuit argues that the committee’s demands violate Khalil’s rights under FERPA and the university’s contractual obligations to students. “Ultimately, the Committee’s Letter demands that the University violate its own contractual obligations to its students, as well as its obligations to protect student privacy under FERPA, and, in effect coerces the University to ignore the law by making oblique threats to the ‘billions in federal funding the Universities receive,’” the lawsuit states.
This case has significant implications for free speech at universities across the country. If the committee is able to obtain disciplinary records from universities without regard for FERPA or other laws protecting student privacy, it could create a chilling effect on campus activism and debate.
Columbia University has not yet responded to requests for comment on the lawsuit. However, the university has faced criticism in the past for its handling of student protests and activism. In 2019, the university was sued by students who claimed that the administration had improperly surveilled them during a protest against Israeli Prime Minister Benjamin Netanyahu.
The case is expected to be closely watched by civil liberties groups and academics, who argue that it raises fundamental questions about free speech, student rights, and the role of universities in promoting democracy. As one lawyer involved in the case noted, “This lawsuit is not just about Mahmoud Khalil or a specific incident; it’s about the right of students to speak out and organize without fear of reprisal.”
The U.S. House of Representatives Committee on Education and the Workforce has a long history of investigating universities and colleges across the country. However, this case raises significant concerns about the committee’s motives and methods.
In recent years, the committee has launched several investigations into universities accused of promoting anti-Semitism or being too liberal. These investigations have often been criticized for their scope and methodology, with many arguing that they are an attempt to undermine academic freedom and punish universities for promoting free speech.
The lawsuit filed by Khalil and his fellow students is a clear response to these efforts. As one of the plaintiffs noted in a statement, “We are not anti-Semitic or pro-Hamas; we are students who want to organize and speak out on issues that matter to us. We will fight to protect our right to do so.”
The case is ongoing, with a hearing scheduled for next month. The outcome is likely to have significant implications for free speech at universities across the country, and could set a precedent for under what grounds the U.S. can deport legal residents who have not been charged with a crime.
The committee’s demands also raise questions about the role of federal funding in university governance. “Making oblique threats to billions of dollars in federal funding is a classic example of coercion,” the lawsuit states. “If the University feels compelled to comply, it will be forced to abandon its core mission and sacrifice its values and principles.”
The outcome of this case could have far-reaching consequences for universities across the country. As one expert noted, “This case has the potential to set a precedent for under what grounds the U.S. can deport legal residents who have not been charged with a crime. It’s a test case that could determine the limits of federal power in university governance.”
The lawsuit also highlights the need for universities to protect student rights and free speech. As one expert noted, “Universities are institutions of public trust, and it is their duty to protect the rights of their students. This case demonstrates the importance of upholding those rights, even in the face of intense pressure from external forces.”
The case is a reminder that universities play a critical role in promoting democracy and protecting human rights. As one expert noted, “Universities are essential institutions for promoting democratic values and protecting individual rights. They provide a platform for students to engage with complex issues and express their opinions freely.”