President Donald Trump has recently captured attention for threatening to cease federal funding for “any college, school or university that permits unlawful protests.” However, according to a specialist in constitutional law at Washington University in St. Louis, there is no concept of an “unlawful” protest. The First Amendment clearly safeguards the right to peaceful assembly.

“Trump’s threat should alarm and infuriate anyone concerned about the First Amendment,” stated Gregory Magarian, the Thomas and Karole Green Professor of Law.

A demonstration is a communal gathering that aims to convey a message regarding a particular political concern, he explained. A public gathering of any sort can be deemed unlawful if authorities conclude that the gathering poses a threat to public order.

“First Amendment safeguards for peaceful assembly indicate that law enforcement cannot label a gathering unlawful without an extraordinarily compelling justification,” Magarian noted. “Furthermore, the First Amendment unequivocally bars law enforcement from declaring a gathering unlawful due to the message it conveys — for instance, if a gathering is a protest. Suppressing a protest because of its message would flagrant violate free speech rights.”

Trump has also indicated he might imprison, deport, or expel “agitators.”

“The notion of ‘agitator’ that Trump threatens with governmental repercussions is even more ridiculous,” Magarian remarked. “’Agitator’ is not a recognized legal term. Informally, an ‘agitator’ is typically someone who creates disruption, challenges the status quo, and draws attention to a cause. In essence, ‘agitation’ represents a form of free expression. Trump is essentially threatening to imprison, deport, and expel individuals for voicing their opinions.”

What prompts Trump to classify a protest as illegal? “Presumably because the protest conveys a sentiment he opposes — most conspicuously, criticism aimed at Trump himself,” Magarian commented. “This is, after all, the same president who desires courts to dilute the First Amendment principles that shield us from civil liability for critiquing government officials.”

“The primary role of the First Amendment is to protect the critique of government officials and their policies. If we forsake that protection, our rights to free speech and peaceful assembly become meaningless,” Magarian emphasized. “Trump has declared a conflict on the First Amendment. Anyone who values constitutional democracy must be prepared to defend our rights.”

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