This article provides important information and guidance for students regarding their rights and options when it comes to protesting on college campuses.
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As Israel/Gaza campus protests spread nationwide, FIRE answers questions about students’ expressive rights.
Student protest is a proud democratic tradition on our college campuses.
For generations, college students have engaged in protest to express their views, to actively participate in the public conversation and, in doing so, to draw wider attention to causes they care about. As tensions on U.S. campuses have ramped up in recent weeks, sparked by the October 7 Hamas attacks on Israel and subsequent war in Gaza, it’s no surprise that student protests have also proliferated.
We’ve seen many students engage in First Amendment-protected peaceful protests. We’ve also seen severe campus disruptions and even isolated acts of violence — particularly over the past few days. Now, hundreds of students across the country have taken to their campuses to protest institutional engagement with Israel or to show solidarity with students at Columbia University, who were arrested last Thursday for protesting in the form of a round-the-clock encampment.
In the latest news, state troopers acting under Texas Gov. Greg Abbott’s direction arrested at least 50 demonstrators at the University of Texas at Austin. This comes after a March 27 executive order from Gov. Abbott, in which he singled out the Palestine Solidarity Committee, the same group that organized yesterday’s protest, for discipline in the event that the group violated campus speech policies designed to “address the sharp rise in antisemitic speech.”
The ability to distinguish between peaceful protest, civil disobedience, and genuine misconduct is as important now as ever.
To be clear: FIRE takes no stance on the content of the speech we defend. Time and again, both recently and throughout our 25 years defending student rights, we’ve defended the rights of pro-Palestinian and pro-Israeli speakers alike. Yet we’ve always drawn a distinction between protected speech and unprotected conduct: The former reflects the core purpose of a functioning university; the latter undermines it.
Students should know their rights. We hope this Q&A will equip students to speak freely.
I go to a public college. Can I protest on campus?
Yes. Public universities are government entities bound by the Constitution and students on public campuses have free speech rights protected by the First Amendment. Depending on where, when, and how you protest, public universities can set some reasonable, narrowly-tailored limits on your protest, but they cannot limit the views you express. (More on “time, place, and manner” regulations below.)
I go to a private college. Can I protest on campus?
Probably. Even though private institutions are not required to honor constitutional rights (which only apply to government actors, like public universities), the vast majority of private colleges promise their students the right to free speech. Schools with a religious or military-related mission sometimes prioritize other values over free expression, meaning your rights at those schools may be more limited. Be sure to check your student handbook or FIRE’s Spotlight Database to learn about your rights and your school’s campus demonstration rules. If your college promises you the right to protest, you should insist the administration keep that promise.
Are all forms of protest protected?
The First Amendment protects your right to speak your mind with only limited exceptions. But public colleges (and private ones with strong free speech protections) are allowed to maintain reasonable time, place, and manner restrictions on student speech in public areas of campus. These regulations must be viewpoint- and content-neutral rules on where, when, and how you can demonstrate on campus, in order to prevent disrupting the educational environment. Even in open, outdoor areas where campus protests are common, colleges might restrict some or all use of amplified sound, setting up tables or other structures, camping, and overnight protests. To be constitutional, those rules must apply to everyone, no matter their viewpoint and even when they’re not trying to convey a message at all.
For example, a college can prohibit loud amplification near school buildings during hours that classes are in session. But the rule has to be applied even-handedly. The school can’t allow the College Republicans to use a megaphone but forbid the College Democrats from doing so—or vice versa. Keep in mind that these rules also have to be reasonable. It’s unlikely reasonable to, say, limit all demonstrations to a tiny corner of campus on weekdays between 4:00 p.m. and 5:00 p.m. to keep campus running smoothly.
What forms of protest are not protected?
The First Amendment does not protect unlawful conduct. If you engage in conduct while protesting that violates the law — such as violence, assault, vandalism, or underage drinking — you can face arrest and/or campus disciplinary proceedings. Other unprotected conduct (including speech) that can lead to arrest or disciplinary action includes:
Substantially disrupting events or deplatforming speakers
For a more detailed explanation of the First Amendment’s boundaries, check out this article by FIRE Legal Director Will Creeley.
Is civil disobedience free speech?
Civil disobedience is nonviolent unlawful conduct undertaken intentionally as a form of protest. Examples might include occupying a campus building or participating in a “die-in” that blocks traffic on a campus street. Acts of civil disobedience may strike onlookers as powerful because they reflect belief strong enough to violate existing law or policy. But students who engage in civil disobedience should realize that breaking the law — or campus policy — may result in consequences. And that price may include facing legal or institutional punishment by their college or university.
If you are a student or faculty member on campus and believe your rights have been violated, submit a case here and we will get back to you within 24 hours.
#studentprotests #campusrights #freespeechoncampus
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