Protected but Precarious: First Amendment Rights for International Students

• In Event: The Politics of Autonomy: Academic Freedom and Governance in Global Higher Education

Abstract

International students in the United States face increasing legal and institutional uncertainty regarding their rights to free speech and political expression. Although the First Amendment broadly protects freedom of speech and assembly, its application to non-citizens remains unclear and inconsistently enforced. Through a legal and policy analysis, this paper highlights the contradictions and ambiguities in current legal frameworks that leave international students vulnerable. It argues that protecting international students’ rights is not only a legal imperative but also essential to maintaining academic freedom, institutional integrity, and democratic norms in higher education. The paper concludes with policy recommendations for clearer legal protections, improved institutional support, and broader advocacy to safeguard constitutional freedoms for all members of the academic community.

Author

• Junyan (Emma) Zhu, Baylor University