Colleges Crack Down On Protesting. Did They Go Too Far? Not Far Enough?

As colleges prepare to begin the fall semester, many are rolling out policies to delineate acceptable forms of protest. The Foundation for Individual Rights and Expression (FIRE) has issued guidelines for student rights and responsibilities. “The ability to distinguish between peaceful protest, civil disobedience, and genuine misconduct is as important now as ever.”

They note that public colleges can restrict the “time, place and manner” of protests but not their content and that private colleges generally provide similar access and restrictions. Some, particularly those with a military or religious focus, may be more restrictive in what they allow. They state that true threats and intimidation, incitement, discriminatory harassment, and substantially disrupting events or de-platforming speakers are prohibited.

Rutgers University recently unveiled a policy that seems pretty typical. There is a ban on encampments, limits on where students can protest and a requirement that protesters register 3 days in advance. Protests are limited to 9 am to 4 pm, may not disrupt school events or speakers and the sign sizes are limited. Other colleges have additional restrictions. Columbia University protesters must have university identification and the University of California system forbids identity concealing masks. University of Pennsylvania limits amplification devices, chalking and light projections. Virginia Commonwealth University prevents the disruption of walkways, bike lanes and roads, as well as speakers, classes, and college events.

The American Association of University Professors finds the requirement to register protests in advance problematic, noting that they might promote surveillance of protest plans and limit spontaneity. They also are concerned that most of these policies have been put in place without faculty input and curb the rights of faculty.

Some feel that the policies have not gone far enough. The American Council of Trustees and Alumni (ACTA) put out guidelines. They suggest videotaping protests to identify student protesters and enacting clear and ‘severe’ consequences. “The convoluted processes of student and faculty disciplinary committees often fail to signal to the student body at-large that punishment follows violations with certainty….The optics of ‘de-escalation’ are a recipe for long-term failure.”

There are signs that the Gaza protests are waning. An expected crowd of 35,000 protesters at the Democratic National Convention barely materialized. It is unrealistic to think they will not re-emerge this fall on college campuses. Time will tell whether these restrictions will be honored and what will happen if they are not. Given the soaring cost of college, one suggestion of ACTA may have the greatest impact: “Violations can lead to suspension or expulsion and there will be no refund of tuition in such instances.”

This post appeared on Forbes on August 24, 2024.