Mass arrests at a pro-Palestinian demonstration at Washington University on Saturday and the expectation of trespassing charges have highlighted how First Amendment rights change when protesters step off a public sidewalk and onto the campus of a private college.
Student activists as some members of the campus and St. Louis community described a 鈥溾�� at Wash U.
The university has temporarily suspended and banned students and faculty arrested at the demonstration from the school's property. At least two faculty members, who were at the protest but not arrested, .
Free speech protections are more nuanced at private universities, such as Wash U, which are not legally required to honor people's First Amendment rights in the same way that government or public universities are.
What does the First Amendment say?
The First Amendment is found in the .
It reads: 鈥淐ongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.鈥�
In essence, the provision enshrines an individual鈥檚 right to:
- Practice a religion of their choosing;
- Freedom of speech and expression;
- A free press;
- The right to protest or be associated with any group;
- The right to petition, or the ability to argue differing viewpoints with the government.
While the First Amendment requires the government not to discriminate against speech based on viewpoint, there can be rules imposed on the time, place and manner that speech is shared. For example, in demonstrations, there can be a cap on the number of protesters in a space, limits to early-morning or night demonstrations and limits on the noise level of the speech.
"Certain things are going to be allowed in some spaces, not others, [depending] on the circumstances," said Jessie Appleby, attorney and program officer for the Foundation for Individual Rights and Expression, a non-profit civil liberties group focused on protecting free speech on college campuses.
"When it comes to [the] content of speech, it's a much much higher bar for what is unprotected 鈥� most speech is going to be protected," Appleby said.
Is there conduct that is not protected?
The First Amendment does not protect conduct that breaks the law, including, but not limited to: violence, assault, vandalism and 鈥渢rue threats鈥� 鈥� when to a person or group with the intent of invoking fear of bodily harm or death. If you do any of that, you may be arrested or fined.
Sarah Ludington, the director of the First Amendment Clinic at the Duke University School of Law, said university administrators can be put in tricky spots when attempting to differentiate types of speech.
鈥淗ate speech is protected speech under the First Amendment,鈥� . 鈥淥n the other hand, some kinds of speech that are pervasive, targeted and repeated and directed at particular people can amount to harassment, which can be punishable under federal laws.鈥�
Ludington said she sympathizes with school administrators' concerns about the safety of students and attempts to ensure demonstrations don't get out of hand.
Public vs. private colleges
Student activism has been ubiquitous at college campuses for decades. The Ohio National Guard at Kent State University during a 1970 protest against the Vietnam War, a conflict that . Reaction erupted on campuses from coast to coast 鈥� including at Washington University.
Public colleges and universities, which receive taxpayer funding, must follow protections set out by the Bill of Rights, including the First Amendment. Courts can find public institutions at fault if they fail to uphold those provisions.
Private universities 鈥� such as Washington University and St. Louis University 鈥� are not required to extend First Amendment protections to people on campus. Protestors demonstrating on private campuses do not have constitutional rights to their speech or presence there.
Still, the majority of private colleges uphold freedom of expression and thought among their guiding principles.
鈥淵ou know, the foundational role of any major university, research university is to seek, advance and disseminate knowledge,鈥� said Duke University鈥檚 Ludington. 鈥淭o serve this purpose, any university really has to promote a culture of academic freedom.鈥�
Washington University of promoting freedom of expression on its website and a the concept at the school.
鈥淭o protect the freedom of expression, the university should respect the expression of ideas, even those that are offensive or unpopular, by all members of the university community: students, staff, faculty, administration, and guests,鈥� the policy reads. 鈥淭hat respect for expression should apply to all speech and writing by members of the university community, encompassing any forum in which members of that community engage.鈥�
鈥淭he free exchange of ideas is a cornerstone of higher education and we are committed to upholding this fundamental value.鈥�Washington University website
Wash U Chancellor Andrew Martin in a Monday blog post, alleging the demonstration was fueled by outside interests to push a political or social agenda. Martin said about a quarter of those arrested Saturday were students or faculty at the university.
Martin also claimed protestors were attempting to break into locked buildings to deface property. (漏 2024 外网天堂 has not independently confirmed Martin鈥檚 claims and his account by some at the demonstration.)
The vandalism that Martin describes would not be protected behavior at any demonstration, said Appleby, adding it is reasonable for institutions to ask those participating to leave. Also, any university 鈥� whether private or public 鈥� can limit certain kinds of behavior, such as camping on a school鈥檚 property.
If students plan to protest at their school, Appleby recommends planning and reviewing the institution鈥檚 outlined policies with demonstrations or large gatherings.
鈥淵our first step should be to look at your school's policy, in terms of time, place and manner restrictions on speech,鈥� Appleby said. 鈥淭hose are constitutional regulations, as long as they don't target the content or viewpoint of speech.鈥�
漏 2024 外网天堂鈥檚 Lara Hamdan contributed to this report.
