Project Esther: Trump's Tool to Criminalize Speech Supporting Palestine

He is trying to equate pro-Palestinian advocacy with terrorism.

By Matthew A. McIntosh
Public Historian
Brewminate

Introduction

In recent months, the Trump administration has intensified efforts to criminalize criticism of Israel and support for Palestinian rights by equating such expressions with “material support for terrorism.” This approach, embodied in executive orders and federal enforcement actions, poses a grave threat to First Amendment rights of free speech, association, and political dissent. By conflating political advocacy with terrorism, the administration is weaponizing national security laws to suppress constitutionally protected expression, particularly targeting Palestinian, Arab, and Muslim communities and their allies.

The Legal Framework: Material Support and the First Amendment

The federal statute 18 U.S.C. § 2339B criminalizes providing “material support or resources” to designated foreign terrorist organizations.¹ The Supreme Court, in Holder v. Humanitarian Law Project (2010), upheld the statute’s constitutionality but emphasized that “pure political speech” remains protected.² The Court clarified that only coordinated support—such as training or services provided directly to terrorist groups—could be criminalized, not independent advocacy.

Despite this precedent, the Trump administration has expanded the interpretation of “material support” to include rhetorical expressions of solidarity with Palestinians. For instance, Georgetown scholar Dr. Badar Khan Suri was detained by ICE based on social media posts supporting Palestinians, without any evidence of direct ties to Hamas.³ A federal judge later ordered his release, highlighting the lack of legal basis for his detention.⁴

Executive Orders and the Criminalization of Dissent

**Trump signs executive orders in the Oval Office on Jan. 20. / Photo by Anna Moneymaker, Getty Images**

In early 2025, Trump signed executive orders directing federal agencies to pursue civil and criminal actions against students and university personnel who advocate for Palestinian liberation or criticize Israel’s actions in Gaza. These orders conflate criticism of Israel with antisemitism and direct universities to surveil and report on protest activities, threatening academic freedom and free expression.

The American-Arab Anti-Discrimination Committee (ADC) has challenged these orders in court, arguing that they violate the First Amendment by punishing individuals for their political views.⁵ ADC Legal Director Chris Godshall-Bennett warned that the orders “contemplate prosecution” for constitutionally protected speech, creating a chilling effect across campuses.⁶

Targeting Students and Academics

The administration’s crackdown has disproportionately affected students and academics. At New York University, student Logan Rozos had his diploma withheld after delivering a commencement speech criticizing Israel’s actions in Gaza.⁷ NYU claimed he deviated from the approved speech, but critics argue the university acted under pressure from the Trump administration’s antisemitism task force.

Similarly, Mahmoud Khalil, a Columbia University graduate and permanent U.S. resident, was arrested and faced deportation for leading pro-Palestinian protests.⁸ Despite lacking evidence of any criminal activity, the administration accused him of aligning with Hamas, relying on a 1952 immigration statute to justify his detention.⁹

Project Esther: Institutionalizing Repression through Law

A significant driver behind these policies is “Project Esther,” a strategic blueprint developed by the Heritage Foundation in October 2024.¹⁰ This 30-page plan aims to depict a broad range of critics of Israel as “effectively a terrorist support network,” advocating for their deportation, defunding, and exclusion from society. The project suggests utilizing anti-terror, hate speech, and immigration laws to suppress pro-Palestinian activism, particularly on university campuses. The Heritage Foundation is notably the organization behind Trump’s embrace of their Project 2025.

Project Esther’s recommendations include:

Labeling pro-Palestinian groups as part of a “Hamas Support Network”;
Revoking visas and deporting individuals engaged in pro-Palestinian advocacy;
Defunding institutions that support or tolerate such activism.

Critics argue that Project Esther conflates legitimate political dissent with terrorism, undermining constitutional protections and academic freedom.¹¹ The plan has been criticized for promoting a partisan agenda under the guise of combating antisemitism, with some Jewish organizations distancing themselves from its approach.¹²

The “Palestine Exception” and Suppression of Free Speech

These actions exemplify what advocates term the “Palestine exception” to free speech—a pattern of selectively restricting pro-Palestinian voices while allowing other forms of political expression.¹³ This exception undermines the First Amendment’s guarantee of equal protection for all viewpoints, regardless of their popularity or political alignment.

Organizations like Palestine Legal have documented numerous instances where individuals faced censorship, disciplinary actions, or legal threats for engaging in activities such as protests, boycotts, or academic discussions related to Palestinian rights.¹⁴ These measures not only suppress individual expression but also erode the broader principles of academic freedom and open discourse.

Conclusion

The Trump administration’s efforts to equate pro-Palestinian advocacy with terrorism represent a direct assault on the First Amendment. By leveraging national security laws to suppress dissenting voices, the administration threatens the foundational democratic principles of free speech and political expression. Such actions set a dangerous precedent, where political viewpoints can be criminalized under the guise of national security, undermining the constitutional protections that safeguard a free and open society.

Appendix

Endnotes

18 U.S. Code § 2339B – Providing material support or resources to designated foreign terrorist organizations.
Holder v. Humanitarian Law Project, 561 U.S. 1 (2010).
The Daily Beast, “Judge Frees Jailed Georgetown Professor in Rebuke to Trump,” May 2025.
Ibid.
American-Arab Anti-Discrimination Committee, “ADC Warns President Trump’s Executive Order Violates First Amendment Rights by Targeting Pro-Palestinian Activists,” March 2025.
Ibid.
The Washington Post, “NYU Withholds Diploma of Graduation Speaker Who Condemned Gaza ‘Atrocities’,” May 2025.
The New Yorker, “The Case of Mahmoud Khalil,” March 2025.
Ibid.
Politico, “Trump’s Pro-Palestinian Activism Crackdown Closely Mirrors a Plan,” April 2025.
The New Arab, “Project Esther: A US Conspiracy to Crush Pro-Palestine Speech,” May 2025.
Al Jazeera, “Project Esther and the Weaponisation of Zionism,” May 2025.
Wikipedia, “Palestine Exception,” accessed May 2025.
Palestine Legal, “The Palestine Exception,” 2025.