Gaza First Amendment Alert

National emergency declared over Israel ICC arrest warrants; concerns over student visas; disinformation about a settlement sale protest in NYC

Trump Declares National Emergency Over ICC Arrest Warrants for Israeli War Criminals, Issues Sanctions with Potentially Troubling Impact for Americans’ First Amendment Rights

On February 6, President Donald Trump signed an executive order imposing sanctions on the International Criminal Court. Citing the International Emergency Economics Act, the order declares a national emergency due to the “unusual and extraordinary threat to the national security and foreign policy of the United States” posed by the ICC’s attempts to investigate, detain, or prosecute the U.S. or its allies. The preamble of the order makes clear that the ICC’s investigations of U.S. and Israeli war crimes are its impetus. The order’s preamble accuses the ICC of being “engaged in illegitimate and baseless actions targeting America and our close ally Israel.” It states the court has “abused its power by issuing baseless arrest warrants targeting Israeli Prime Minister Benjamin Netanyahu and Former Minister of Defense Yoav Gallant.”

In response to the order, the Office of Foreign Assets Control has named ICC prosecutor Karim Khan a “specially designated national.” Under this designation any U.S. assets of Khan are blocked and it is now a crime for U.S. persons to have any dealings with him without getting a license first.

The sweeping sanctions have far broader implications than just Khan or even the ICC. The act covers not only foreign persons who are “engaged in any effort by the ICC to investigate, arrest, detain, or prosecute [the U.S. or its allies] without consent of that person’s country of nationality,” but foreign persons who “have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to” such efforts.

Congress amended the International Emergency Powers Act to make clear it does not grant the President the power to regulate the import or export of “information or informational materials.” This is known as the Berman Amendment. The Trump order only directly targets foreign persons. However, the sanctions have the potential to violate the First Amendment rights of Americans. When Trump, during his first term, imposed similar sanctions on the ICC over their investigations into U.S. war crimes in Afghanistan, both the ACLU and the Open Society Foundation launched First Amendment challenges. The ACLU lawsuit was filed on behalf of three law professors and an ACLU human rights attorney who were forced to halt their work with the ICC because of the sanctions. They argued the First Amendment protected their right to communicate with the ICC, provide human rights expertise to the ICC, and represent individuals before the ICC. The lawsuit was voluntarily dismissed when Biden ended the sanctions. The Open Society Foundation lawsuit made similar arguments, and also argued that Trump’s executive order went beyond the scope of the International Emergency Powers Act by violating the prohibitions of the Berman Amendment. In response to the Open Society Foundation lawsuit, a judge found the sanctions likely violated the First Amendment.

Trump’s latest sanctioning of the ICC is similar enough to raise the same constitutional issues.

Civil Rights Group Raises Concerns about Student Visas

The Gaza First Amendment Alert has repeatedly reported on the Trump Administration’s desire to revoke student visas of students who support Palestinian rights. According to the American Arab Anti-Discrimination Committee (ADC), such visa cancellations are already underway and have been since the Biden Administration. ADC has received multiple reports of international students returning home over the winter break or taking a short trip abroad only to find that their student visa was cancelled. No official reason was given for the cancellations, but all of the students were involved in Palestinian solidarity activism.

ADC executive director Abed Ayoub said, “I think the prior administration may have begun implementing directives for additional screening for students who were part of encampments,” NorthJersey.com reports. “I believe the current administration took that framework and is probably building on it."

Ayoud is advising international students to “avoid international travel during the semester, unless it’s absolutely necessary. Stay in the country during spring break, and other extended breaks.“

Politicians Spread Disinformation About Protests Against Illegal West Bank Real Estate Sales

On February 18, pro-Palestine demonstrators protested an event in New York City billed as an “Israeli real estate expo” in which Israeli settlement properties in the occupied West Bank were advertised as “available” for sale. Protesters reported being “spat on, kicked, harassed, maced, and even physically struck and punched” by counter-demonstrators defending the event.

Local and federal officials alike have deliberately mischaracterized the events as one-sided to obscure what the protesters were demonstrating against. Congressman Ritchie Torres (D-NY), New York Governor Kathy Hochul, NYC Mayor Eric Adams and others called the protests “antisemitic” and “attacks on Jewish New Yorkers,” often eliding the Israeli settlement expo altogether in an effort to undermine support for Palestine and ultimately to silence their protected speech.

Free speech crackdowns around the world

The United States is not the only country curtailing free expression over Israel’s genocidal war in Gaza. Across the world, Western liberal democracies' basic rights to political expression are being severely infringed upon.

Four United Nations special rapporteurs sent a letter to the UK expressing concern over the use of counter-terrorism legislation against journalists and activists critical of UK foreign policy concerning Palestine and Ukraine. Although the letter was sent on December 4, 2024, it was not made public until February 6, 2025.

One of the cases mentioned was that of journalist Richard Medhurst, whose arrest is allegedly connected to his coverage of Palestinian self-determination and Middle Eastern affairs. The UK arrest of Medhurst was condemned by the National Union of Journalists and the International Federation of Journalists. On February 3, 2025, Medhurst faced a new attack from a new government. Austria is now threatening to revoke Medhurt’s residency over his Middle East reporting, under a warrant alleging Medhurt is affiliated with terrorist groups. Authorities raided his broadcast studio and seized electronic devices potentially containing information about confidential sources. The latest attack on Medhurst has been condemned by The National Union of Journalists and The International Federation of Journalists who described it as “seemingly an escalation from Medhurst's detention in the UK.”

Meanwhile in Canada, journalist Yves Engler faces criminal charges for social media posts “against Israel’s genocide in Gaza.”

One of the most dramatic international attacks on free expression rights came in Germany. German police and politicians pressured a venue into cancelling an event featuring UN Rapporteur for the Occupied Palestinian Territories, Francesca Albanese, as the keynote speaker. The event went on at another venue, though police showed up and milled about the crowd in a clear act of intimidation. Palestinian-American journalist Hebh Jamal explained that she was unable to show the audience a rough cut of her documentary due to Berlin police censorship. The film featured a 30-second interview with a Samidoun activist. Samidoun is banned from gathering in Germany.

That’s all for this Gaza First Amendment Alert. Sign up for future updates here.