President Donald Trump’s threat on Tuesday to slash federal funding from universities that continue to allow what he labeled “illegal” protests drew tentative support from several Jewish leaders on the front lines of fighting campus antisemitism, while facing pointed criticism from First Amendment advocates.   

Trump did not specifically make reference to the antisemitic and anti-Israel rhetoric displayed in campus demonstrations nationwide, which have increased since the Oct. 7, 2023, terrorist attacks and ensuing war between Israel and Hamas. “Agitators will be imprisoned/or permanently sent back to the country from which they came,” Trump said, adding that “American students will be permanently expelled or, depending on the crime, arrested. NO MASKS! Thank you for your attention to this matter.”

While mainstream Jewish organizations largely declined to weigh in on Trump’s campus crackdown, the Anti-Defamation League cautiously welcomed Trump’s statement for drawing attention to the environment for Jewish college students, while underscoring that any penalties need to be lawful.

The group “welcome[s] attention and action to combat antisemitism on campus, and urge[s] that any action taken addresses the problem directly and is constructive, helping to rebuild a welcoming environment for Jewish students on campus,” Todd Gutnick, an ADL spokesperson, told JI. 

“Of course, it is crucial that consequences must be lawful, preserve constitutionally protected free speech and be enforced in ways that are consistent with due process,” Gutnick said.

Kenneth Marcus, the founder of the Louis D. Brandeis Center for Human Rights Under Law, said that while Trump is “announcing his intentions in broad, clear terms,” implementation will be “up to his appointees” who will “dot the ‘I’s,’ cross the ‘T’s,’ and translate President Trump’s statement into legally bulletproof actions.” The Brandeis Center has filed numerous Title VI lawsuits on behalf of Jewish students alleging antisemitism and harassment on college campuses nationwide. 

“This can be done, and I expect that it will be done,” said Marcus, who served as U.S. assistant secretary of education in the George W. Bush and first Trump administrations. 

While federal agents cannot arrest people for participating in protest activities that are protected under the First Amendment, Marcus noted that the Constitution “does not protect the criminal behavior that we have often seen at too many of these protests, including violent physical assaults.”

“The federal government absolutely can, and should, halt federal funds from institutions that are tolerating, or engaging in, violations of federal law,” he said. “Federal officials just need to follow the appropriate process, respecting everyone’s legitimate constitutional rights, and to follow lawful procedures.”

“More than anything, this is a clear set of marching orders for federal officials, making clear that it is a top priority to address the unlawful antisemitic attacks, even when they occur in ostensible political protests,” Marcus said.

Mark Yudof, the chair of the Academic Engagement Network and the former president of the University of California system, told Jewish Insider that the administration, under Title VI of the Civil Rights Act of 1964, has the legal right to cut off federal funding to schools that are permitting a hostile campus environment for Jewish or Israeli students and faculty.

No universities or school districts have ever faced a cutoff of federal funds since Title VI was implemented over six decades ago. Although Trump’s threatened actions are unprecedented, Yudof said “the administration might well take such an action.” 

As for “illegal” protests, Yudof said, “I would interpret this as reaching forbidden overnight encampments; physical violence; building occupations; and failure to observe reasonable time, place and manner restrictions. 

“Traditional free speech,” he said, “absent one of the exceptions, would be constitutionally protected at public universities.” 

Free speech advocates, however, were alarmed by Trump’s threats to punish protesters. The Foundation for Individual Rights and Expression (FIRE) said in a statement that Trump’s message will “cast an impermissible chill on student protests about the Israeli-Palestinian conflict.” 

“Even the most controversial political speech is protected by the First Amendment. As the  Supreme Court reminds us, in America, we don’t use the law to punish those with whom we disagree,” FIRE said. The group acknowledged that “misconduct or criminality — like true threats, vandalism, or discriminatory harassment, properly defined — is not protected by the First Amendment. In fact, discouraging and punishing such behavior is often vital to ensuring that others are able to peacefully make their voices heard.” 

“However, students who engage in misconduct must still receive due process — whether through a campus or criminal tribunal,” the statement continued. “This requires fair, consistent application of existing law or policy, in a manner that respects students’ rights.”