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When government officers detained Columbia University student a student activist in his university residence, Jameel Jaffer understood a significant fight was coming.

Jaffer leads a Columbia-affiliated institute focused on defending free speech protections. Khalil, a green card holder, had been involved in pro-Palestinian encampments on campus. Previously, the institute had hosted a conference about free speech rights for noncitizens.

"We recognized this connection with this situation, since we're part of the university," Jaffer stated. "We viewed this arrest as a major violation of First Amendment rights."

Landmark Victory Against Government

Recently, the institute's lawyers at the Knight First Amendment Institute, together with legal partners their co-counsel, secured a landmark victory when a district court judge in Boston determined that the detention and attempted deportation of the student and other pro-Palestinian students was unconstitutional and purposely created to chill free speech.

The Trump administration announced they'll challenge the verdict, with administration representative Liz Huston describing the judgment an "outrageous ruling that hampers the safety and security of our nation".

Growing Divide Separating Institute and University

The ruling elevated the profile of the Knight Institute, catapulting it to the frontlines of the battle with the administration over core constitutional principles. However the victory also highlighted the growing divide between the organization and the institution that hosts it.

This legal challenge – characterized by the presiding official as "perhaps the significant ever fall within the authority of this court" – was the first of several challenging Trump's unusual attack on higher education to go to trial.

Trial Revelations

Throughout the court proceedings, citizen and noncitizen scholars testified about the climate of terror and self-censorship ushered in by the detentions, while government agents revealed information about their reliance on dossiers by conservative, Israel-supporting groups to select individuals.

A legal expert, general counsel of the American Association of University Professors, which filed the lawsuit along with local branches and the Middle East Studies Association, described it "the primary constitutional lawsuit of the Trump administration currently".

'Institution and Organization Occupy Different Sides'

Although the court victory was praised by advocates and academics across the country, Jaffer heard nothing from Columbia following the ruling – a reflection of the tensions in the stances staked out by the institute and the university.

Even before the administration began, Columbia had come to symbolize the declining tolerance for pro-Palestinian speech on US campuses after it summoned officers to clear its student encampment, disciplined multiple activists for their activism and dramatically restricted protests on campus.

University Settlement

Recently, the institution negotiated an agreement with the federal government to provide substantial funds to settle discrimination allegations and submit to major restrictions on its autonomy in a action broadly criticized as "surrender" to the president's pressure strategies.

Columbia's submissive approach was sharply contrasted with the organization's principled position.

"This is a time in which the university and the organization are on different sides of these critical questions," noted Joel Simon at the free speech center.

Organization's Purpose

This organization was established in 2016 and is located on the university grounds. It has received significant funding from the institution as part of an agreement that had both providing millions in program support and long-term financing to establish the center.

"My hope for the institute in the years ahead is that when there is a time when the government has overstepped boundaries and constitutional protections are at stake and no one else is prepared to step forward and to declare, this must stop, it will be the Knight Institute who will have taken action," said Lee Bollinger, a First Amendment scholar who helped create the institute.

Open Disagreement

Shortly after campus developments, Columbia and the the organization were positioned on opposing sides, with Knight frequently objecting to the institution's management of pro-Palestinian protests both in private communications and in increasingly unforgiving official comments.

In correspondence to university leadership, the director condemned the decision to penalize two student groups, which the institution said had broken rules concerning organizing protests.

Escalating Tensions

Subsequently, Jaffer again condemned the university's decision to call police onto campus to clear a peaceful, pro-Palestinian encampment – resulting in the detention of numerous activists.

"Institutional policies are separated from the principles that are essential for the academic community and mission – including expression, scholarly independence, and fair treatment," he stated in that instance.

Student Perspective

Khalil, specifically, had appealed to campus officials for protection, and in an op-ed written from detention he wrote that "the logic employed by the federal government to target me and my peers is an outgrowth of Columbia's repression approach concerning Palestinian issues".

Columbia settled with the Trump administration shortly after the trial concluded in court.

Institute's Response

Shortly after the agreement was revealed, the organization published a scathing rebuke, stating that the agreement sanctions "a remarkable shift of autonomy and control to the government".

"Columbia's leaders should not have agreed to this," the declaration stated.

Broader Context

The institute doesn't stand alone – organizations such as the ACLU, the free speech organization and other rights organizations have challenged the government over constitutional matters, as have labor organizations and Harvard University.

Nor is it concentrating solely on university matters – in other challenges to the Trump administration, the organization has sued on behalf of agricultural workers and environmental advocates opposing government agencies over climate-related datasets and challenged the withholding of official reports.

Unique Position

However its defense of student speech at a university now synonymous with making concessions on it puts it in a uniquely uneasy position.

Jaffer expressed sympathy for the lack of "good options" for Columbia's leaders while he described their agreement as a "major error". But he emphasized that although the institute standing at the opposite end of its host when it comes to dealing with the administration, the university has permitted it to operate free of pressure.

"Especially right now, I appreciate this independence for granted," he said. "Should the university attempt to limit our activities, I wouldn't remain at Columbia any more."