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this post was submitted on 28 Apr 2024
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Do we not have the right to protest? I fail to understand on what grounds they're being arrested.
Trespassing. You have the right to assembly, but that doesn't extend to anywhere, any time.
These protestors could protest on the sidewalk, or get a permit and do a planned protest in a public park, or even work with the city to close roads for a planned march. As long as they kept it peaceful, police would have very little justification to arrest anyone.
Instead, they are doing it on college campuses, or public roads without permission. And when they are told to leave, they refuse. At that point, you are trespassing, and the police are justified in arresting you.
Civil disobedience grabs far more attention than protesting legally. We're here talking about their cause because it made headlines due to civil disobedience. But activism has its costs.
Is it tresspassing, though? Not trying to argue with you, to be clear. They're students paying tuition and housing fees. I guess I could see that arguement if they weren't students. Though I agree, civil disobedience and disrupting the status quo is the only way to get people to take notice and do anything.
Unless it's your place of residence, you are always trespassing if the owner (or employees acting on the owners behalf) tells you to leave.
Paying tuition doesn't give you unfettered access to the school.
Freedom of assembly and speech apply to public schools since 55 years ago from the Tinker descion.
Public school rules don’t generally apply to universities. Though there is a constitutional right present due to most schools being government or quasi-government actors and college campuses being traditional public forums (again, very generally), the exercise of some rights are more broadly interpreted while other are more narrowly interpreted.
Afaik, universities are private. Specifically, Columbia University is definitely private.
And the ruling you're talking about has a lot of restrictions which wouldn't apply here anyway.
You can't discriminate against cause. If you allow one protest to give speeches in the Quad, I suppose you would be required to give other causes equal access to the Quad.
These students created an encampment, which goes beyond past permitted protests at that university, afaik. I doubt university admin would allow that under any circumstances, even if they agree with the cause, because it sets a dangerous precedent.
But, again, this is a private university. These rules do not apply.
Even private schools have to allow some form of protesting.
Edit: listen to the lawyers instead of people telling you not to make your voice heard
https://www.thefire.org/news/heres-what-students-need-know-about-protesting-campus-right-now
https://www.aclu.org/issues/free-speech/students-rights-speech-walkouts-and-other-protests?redirect=issues/free-speech/student-speech-and-privacy/students-rights-speech-walkouts-and-other-protests
https://www.houstonpublicmedia.org/articles/civil-rights/protests/2024/04/26/484816/charges-dropped-against-all-57-pro-palestinian-demonstrators-arrested-on-ut-campus/?amp=1
Especially because of the very same rule you cite, that universities can't discriminate based on viewpoint
https://bwog.com/2024/03/new-york-civil-liberties-union-and-palestine-legal-file-a-lawsuit-against-columbia-citing-suspension-of-students-for-justice-in-palestine-and-jewish-voice-for-peace/
https://www.nyclu.org/press-release/nyclu-and-palestine-legal-sue-columbia-university-over-student-group-suspension
Are the colleges these protesters being arrested from public schools, or private universities? As far as I was aware, most colleges/universities are private. Community colleges are public.
Both public and private.
https://www.houstonpublicmedia.org/articles/civil-rights/protests/2024/04/26/484816/charges-dropped-against-all-57-pro-palestinian-demonstrators-arrested-on-ut-campus/?amp=1
Some have already been forced to drop all charges against all students that were arrested precisely because the protests are legal and the students were peaceful. No laws were broken
Most colleges in the US are state universities that receive state and federal funding.
Are they? When I was in college, I don't think I ever saw somebody from college demonstrate, it always was someone from the outside who relied on the fact that universities allowed it.