this post was submitted on 28 Apr 2024
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Maryam Alwan figured the worst was over after New York City police in riot gear arrested her and other protesters on the Columbia University campus, loaded them onto buses and held them in custody for hours.

But the next evening, the college junior received an email from the university. Alwan and other students were being suspended after their arrests at the “ Gaza Solidarity Encampment,” a tactic colleges across the country have deployed to calm growing campus protests against the Israel-Hamas war.

The students’ plight has become a central part of protests, with students and a growing number of faculty demanding their amnesty. At issue is whether universities and law enforcement will clear the charges and withhold other consequences, or whether the suspensions and legal records will follow students into their adult lives.

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[–] Wrench@lemmy.world 4 points 6 months ago (1 children)

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.

[–] PriorityMotif@lemmy.world 16 points 6 months ago* (last edited 6 months ago) (3 children)

Freedom of assembly and speech apply to public schools since 55 years ago from the Tinker descion.

[–] Telodzrum@lemmy.world 8 points 6 months ago

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.

[–] Wrench@lemmy.world 5 points 6 months ago (1 children)

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.

[–] Natanael@slrpnk.net -2 points 6 months ago* (last edited 6 months ago)

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/

"The NYCLU claims that the suspension of SJP and JVP violated Columbia’s own policies regarding student protests. Citing the policies and procedures established after the protests of 1968, the NYCLU asserts that Columbia’s actions violate the established policies. The statement notes that although private universities such as Columbia University and Barnard College are not bound by the First Amendment, they are bound by their own policies when regarding disciplinary actions against student groups. Moreover, the NYCLU raises concerns that the University’s actions were motivated by the student groups’ political stance in support of Palestinian rights."

https://www.nyclu.org/press-release/nyclu-and-palestine-legal-sue-columbia-university-over-student-group-suspension

[–] Kolanaki@yiffit.net 4 points 6 months ago* (last edited 6 months ago) (2 children)

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.

[–] Natanael@slrpnk.net 1 points 6 months ago

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

[–] PriorityMotif@lemmy.world -1 points 6 months ago

Most colleges in the US are state universities that receive state and federal funding.