Whether they are advocating for affordable tuition or a free education, students’ activism and protest are vital expressions of freedom of speech. But student activists should be aware that their actions must not cross the line into unconstitutional conduct. This article provides a primer on laws, policies, and regulations that can affect student protests.
The Supreme Court has held that universities cannot discriminate on the basis of viewpoint when it comes to allowing groups of students to engage in expressive activities outside of class and in other public spaces open to all. However, a university can limit time, place, and manner restrictions if it can demonstrate that they are necessary for reasons unrelated to the content of the students’ message, such as ensuring that classes are not disrupted or that the campus remains safe and accessible.
It is also constitutional for a university to require a permit for certain activities, like organizing a demonstration or creating a campus encampment, and to limit the size of groups that can participate in those events. It is important for students to remember, however, that even if they do not have a permit, their First Amendment rights remain intact. AAUP condemns the recent wave of administrative policies that aim to restrict student protest.
Students should check their school’s policies and FIRE’s Spotlight database to see if their institution has a history of respecting student protest rights. And if their school promises that they will have freedom of speech, they should fight to make sure it honors that promise.
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