Mr. Speaker, I am deeply concerned about the escalating repression of First Amendment protected speech and assembly on college campuses across our country. To all the elected university boards and appointed presidents, it needs to be very…
Mr. Speaker, I am deeply concerned about the escalating repression of First Amendment protected speech and assembly on college campuses across our country.
To all the elected university boards and appointed presidents, it needs to be very clear: Your students' constitutional rights don't end when they enter your campus grounds.
Mr. Speaker, I include in the Record statements from the ACLU and from Bend the Arc.
[April 26, 2024]
ACLU Urges College and University Leaders to Protect Free Speech and
Academic Freedom
New York.--In response to the anti-war protests happening
at colleges across the country, and the disturbing arrests
that have followed, the American Civil Liberties Union sent a
letter to leaders at both public and private universities.
The letter states:
``As you fashion responses to the activism of your students
(and faculty and staff), it is essential that you not
sacrifice principles of academic freedom and free speech that
are core to the educational mission of your respected
Institution.''
Authored by ACLU Executive Director Anthony D. Romero and
National Legal Director David Cole, the letter offers
university leaders five basic guardrails to ensure freedom of
speech and academic freedom are protected on campus:
1. They must not single out particular viewpoints for
censorship, discipline, or disproportionate punishment.
2. They must protect students from targeted discriminatory
harassment and violence, but may not penalize people for
taking sides on the war in Gaza, even if expressed in deeply
offensive terms.
3. They can announce and enforce reasonable content-neutral
time, place, or manner policies on protesting activity, but
they must leave ample room for students to express
themselves. These rules must be applied consistently and
without regard to viewpoint.
4. They must recognize that armed police on campus can
endanger students and are a measure of last resort.
5. They must resist the pressures placed on them by
politicians seeking to exploit campus tensions.
The letter also informs university leaders of relevant
Supreme Court precedent:
``The Supreme Court has forcefully rejected the premise
that, `because of the acknowledged need for order, First
Amendment protections should apply with less force on college
campuses than in the community at large.' ''
The letter strongly advises university leaders to be
``cognizant of the history of law enforcement using
inappropriate and excessive force in responding to protests,
particularly against communities of color,'' and that--as
events of the past week have made abundantly clear--arresting
peaceful protestors is likely to escalate, not calm, tensions
on campus.
The letter also reiterates that violence is never an
acceptable protest tactic and that ``physically intimidating
students by blocking their movements or pursuing them
aggressively is unprotected conduct, not protected speech.''
Mr. Speaker, the ACLU statement says: ``As you fashion responses to the activism of your students (and faculty and staff), it is essential that you not sacrifice principles of academic freedom and free speech that are core to the educational mission of your respected institution.''
From Bend the Arc's statement: ``Protest is essential to our movement work and must be protected, and we firmly stand against anti-Semitism being used as an excuse to threaten free speech and criticism of university and U.S. policy. To be clear, criticism of American policy towards Israel is not inherently anti-Semitic.''
Mr. Speaker, dissent is a fundamental American value, from the civil rights movement to antiwar protests to the movement for Black lives, immigrant rights, our country has a long history of students leading movements for change and challenging the status
quo that oppresses and normalizes genocide across the world.
I am deeply moved by the courageous young people in more than 100 encampments at colleges across our Nation that are demanding divestment in support of a genocide in Gaza and apartheid Government of Israel.
I had the opportunity, Mr. Speaker, to visit an encampment at the University of Michigan that has public programming. They put it online for families on various issues. The day I went, they were recognizing the anniversary of the Armenian genocide and having someone also speak about the connectivity to the Palestinian Nakba. It was inspiring to see these brave students across races, of all faiths and backgrounds, standing side by side in solidarity to protest for peace. From Jummah prayer to Shabbat, they are coming together in a way I wish my colleagues would welcome.
Sending in militarized police forces and even snipers to stop these students from exercising their First Amendment rights is truly disgusting.
My colleagues are so outraged by students opposing genocide and apartheid, but many of these same Members were completely silent last year when we saw the dramatic increase of threats, literally death threats on historical Black colleges and universities across the country.
This state-sanctioned violence, including the arrests and threatened felony prosecutions of students, can only be seen as an explicit effort to silence students and take away their First Amendment rights.
Mr. Speaker, no student--not one--should be met with academic repercussions or police brutality on their own campuses for exercising, peacefully, their rights to free speech and assembly.
Why is it, Mr. Speaker, that my colleagues and every headline from mainstream media are more concerned and outraged about these protests than they are about the over 35,000 Palestinians killed in Gaza? Seventy percent of them are women and children.
There are no universities left in Gaza, but no outrage. Multiple mass graves have been uncovered at several locations that Israeli forces have recently withdrawn from. Two hundred bodies were found at al-Shifa Hospital, literally fresh bodies found with their hands tied behind their backs, naked.
Where is the outrage for these war crimes? This is not just me. This is the United Nations High Commissioner for Human Rights.
Our government isn't just complicit in this genocide. We are actively participating.
Students are occupying their campuses to peacefully protest for an end to these atrocities and for divestment in this genocide and apartheid. They are even renaming some of the buildings after Palestinian children who have been killed. These students should be praised for standing up for what they believe in, not vilified, smeared with misinformation campaigns and silence.
I call on these universities to end the repressive tactics, exercise restraint, denounce ongoing police brutality, and stop suppressing the very activism, academic freedom, and thoughtful debate that they seek to inspire in their students.
Mr. Speaker, we don't want to see an apology years later. No. We want to see action today to protect these students. We don't want to have you all, in 10 years, praise the same students for doing what was right. We don't want to see it. We need it now. They deserve it now.