From the civil rights movement to today’s ongoing struggle over gun violence and tuition costs, students have been at the forefront of activism. But student protest raises complex questions about speech and actions that are protected by the First Amendment — and when schools can limit those expressions of free speech or assembly.
For instance, while college activists can shout down invited speakers, they cannot interfere with law enforcement officers who are called in to stop them or film them. This is because such events take place in what’s known as a “nonpublic forum” that has been opened for a limited purpose, such as hearing an invited speaker, and therefore, the university has the right to limit student protesters and any other nonparticipants who may pose a security risk. The university may also limit the time and place of student protesters, such as limiting their activities to traditional and designated public forums — but it can’t restrict speech because it finds the message upsetting, offensive or divisive or because it sparks counter-protest.
In addition, universities must keep in mind that the First Amendment protects freedom of expression from viewpoint discrimination – which means that they can’t punish students more harshly simply because administrators disagree with their message or point of view. This is why it’s important for students to be aware of the limits placed on their speech and make sure they don’t violate these laws. If you have more questions about student protest, you can find more information on FIRE’s website.