For Peaceful Campus Protests, Colleges Need Free Speech Principles
This column was written before police entered Columbia University’s Hamilton Hall
One challenge of free speech advocacy is holding the line even when the speech in question is vile. Then you must make distinctions between acceptable forms of expression and those that violate the rights of others. That’s why it’s important to have clear, firm principles applied equally to all points of view. In the absence of clarity, you find yourself making things up as you go along—like too many institutions of higher learning at a moment of campus unrest.
Muddled Boundaries for Expression
“Early this morning, a group of protestors occupied Hamilton Hall on the Morningside campus,” Columbia University advises. “In light of the protest activity on campus, members of the University community who can avoid coming to the Morningside campus today (Tuesday, April 30) should do so.”
The school subsequently locked down the campus. That was two weeks after over 100 protesters were arrested at an encampment on campus grounds and days after administrators then muddled boundaries by vowing not to summon police again to handle demonstrations against Israel’s response to the October 7 attack by Hamas. The protests frequently feature antisemitic language, sometimes turn violent, and passed the point of violating Columbia’s rules and control over its own property weeks ago.
Columbia has done a poor job of defining what is and isn’t acceptable. Without firm guidelines, the protests have lingered and spread to other institutions. Some are dealing with the protests better than others—particularly those that respect speech rights but also make clear where the line is drawn.
Free Speech With Respect for Others
“Against the backdrop of the war in Gaza, college administrators are confronting a flurry of student activity on campus that includes peaceful protest and lawful self-expression, punctuated at times by bursts of severe disruption and even isolated acts of violence,” notes the Foundation for Individual Rights and Expression (FIRE), which consistently calls for respect for expression and regard for the equal liberty of others. “Separating First Amendment-protected speech from illegal conduct in these situations can present challenges, but it’s not an impossible task.”
The key is setting expectations ahead of time. That’s true at public universities bound by the First Amendment and at private schools educating students to function in a society where people disagree.
“Whenever you have protests, universities will define the time, manner and way in which it’s done,” Daniel Diermeier, Chancellor of Vanderbilt University, told NPR last week. “So for example, you’re not allowed to disrupt classes, and you’re not – you know, injuring a security guard and forcing your way into a closed building is not an e
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