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US Campuses Debate Limits of Free Speech

FILE - In this Feb. 1, 2017, photo, a fire set by demonstrators protesting a scheduled speaking appearance by Breitbart News editor Milo Yiannopoulos burns on Sproul Plaza on the University of California, Berkeley campus.
FILE - In this Feb. 1, 2017, photo, a fire set by demonstrators protesting a scheduled speaking appearance by Breitbart News editor Milo Yiannopoulos burns on Sproul Plaza on the University of California, Berkeley campus.

Conservative writer Heather Mac Donald, invited to Claremont McKenna College to speak about law enforcement policy in black neighborhoods, addressed an auditorium of less than 20.

Outside the hall, throngs of angry students stood against the door, chanting and linking arms, refusing to let anyone in to hear her speak. With access to the talk blocked, organizers livestreamed her event. Afterward, she slipped out a back door with police escort.

Milo Yiannopoulos speaks to a group protesting against CUNY’s decision to allow Linda Sarsour, a liberal Palestinian-American political activist, to speak at commencement in New York, May 25, 2017.
Milo Yiannopoulos speaks to a group protesting against CUNY’s decision to allow Linda Sarsour, a liberal Palestinian-American political activist, to speak at commencement in New York, May 25, 2017.

At the University of California-Berkeley, a planned speech by alt-right provocateur Milo Yiannopoulos resulted in broken windows. At Middlebury College, the controversial social scientist Charles Murray was hounded by students as he left his talk early.

And at the University of Wisconsin-Madison in February, conservative commentator Ben Shapiro was interrupted by dozens of students yelling “shame,” as he gave a lecture about safe spaces, free speech and political correctness.

Ben Shapiro attends Politicon at The Pasadena Convention Center, Aug. 30, 2017, in Pasadena, California.
Ben Shapiro attends Politicon at The Pasadena Convention Center, Aug. 30, 2017, in Pasadena, California.

U.S. college campuses have long been a place for debate and public demonstrations, and some worry the push by students to shut down speakers they disagree with is a setback for the free speech protections afforded by the U.S. Constitution.

A legislator in Wisconsin has responded by introducing a bill to punish people who try to shut down these events.

The Campus Free Speech Act would require University of Wisconsin campuses to suspend and expel students who interrupt invited speakers. Representative Jesse Kremer, a Republican and the bill's author, says hecklers should not be allowed to usurp speakers.

“Repeatedly, we've seen students shouted down and silenced by those in disagreement,” Kremer said in a statement. This bill “will end the unconstitutional heckler’s ‘veto’ and create a behavioral shift on campus.”

Rep. Jesse Kremer, left, speaks as Assembly Speaker Robin Vos listens at a news conference focused on targeting fraud in Wisconsin's food stamp program. Nov. 3, 2015, in Madison, Wisconsin.
Rep. Jesse Kremer, left, speaks as Assembly Speaker Robin Vos listens at a news conference focused on targeting fraud in Wisconsin's food stamp program. Nov. 3, 2015, in Madison, Wisconsin.

If voted into law, students would face discipline for taking part in demonstrations that “interfere with the rights of others to engage in or listen” to invited speakers. The bill outlines interferences including, “violent, abusive, indecent, profane, boisterous, obscene, unreasonably loud or disorderly conduct.” A third violation would be grounds for expulsion.

But some legal observers say the proposed bill itself runs afoul of constitutional protections.

“The language in the bill that says a student can be penalized for boisterous conduct … is too broad to meet constitutional muster,” said Lata Nott, executive director of the First Amendment Center at the Newseum Institute in Washington.

John Behling, UW System Board of Regents president, lauded the new legislation as a way to protect speakers like Shapiro. Wisconsin Gov. Scott Walker, who appointed Behling, also voiced support for the bill.

The “Board of Regents strongly believe in the freedom of expression, and we want to do more to ensure every voice is heard,” Behling said in a statement.

Critics argue that the bill will end up stifling free speech on campus.

“It amazes me that Wisconsin Republicans can support a bill aimed at protecting free speech by limiting free speech,” said state Rep. David Crowley, a Democrat from Milwaukee. The bill is “aimed at limiting exposure to different opinions and creating extreme, unwarranted and unnecessary punishments for exercising your right to protest.”

“When you try to protect free expression by limiting free expression, I think the result would be less free expression for everybody,” Nott said.

She said she would advise Walker to not sign the bill.

Republicans defended the bill, drawing a distinction between disruptive behavior and first amendment-protected protest, which they said would not be banned.

The bill is modeled on legislation drafted by the Phoenix-based Goldwater Institute, a right-wing think-tank named after Sen. Barry Goldwater of Arizona who died in 1998.

Colorado, North Carolina, Virginia, Tennessee and Utah have similar laws already on the books curbing campus speech. A number of states are considering similar bills, including Illinois, Michigan, Texas and California.

"The bill is designed to prevent the sorts of belligerent, violent protests we've seen on some college campuses, including Wisconsin," said Jim Manley, a senior attorney at the Goldwater Institute.

He said the legislation strengthens the First Amendment rights of protesters because it does not allow cities or universities to designate specific “free speech zones.”

“The bill is designed to protect free expression broadly for both protesters and invited speakers,” Manley said.

FILE - In this Feb. 1, 2017, photo, University of California, Berkeley police guard the building where Breitbart News editor Milo Yiannopoulos was to speak in Berkeley.
FILE - In this Feb. 1, 2017, photo, University of California, Berkeley police guard the building where Breitbart News editor Milo Yiannopoulos was to speak in Berkeley.

“Disrupting free speech is unconstitutional,” Republican Rep. Dave Murphy said on the assembly floor. “Disruption is not speech. Disruption isn't protest. Disruption is theft. Theft of another person's right to speak and be heard.”

An earlier version of the story incorrectly reported who invited MacDonald to speak. Claremont McKenna College's research institutes, the Rose Institute and the Salvatori Center, invited MacDonald.

Should free speech on campus be regulated? Please share your suggestion in the Comments here, and visit us on Facebook, Twitter, Instagram and LinkedIn, thanks!

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update

Police arrest 33 at George Washington University protest encampment

In this photo taken from video, demonstrators protest the Israel-Hamas war at the George Washington University campus in Washington on May 8, 2024. Police say they arrested 33 people while clearing out an encampment on campus.
In this photo taken from video, demonstrators protest the Israel-Hamas war at the George Washington University campus in Washington on May 8, 2024. Police say they arrested 33 people while clearing out an encampment on campus.

Police in Washington cleared a pro-Palestinian protest encampment at George Washington University early Wednesday, arresting 33 people, authorities said.

Arrests were made on charges of assault on a police officer and unlawful entry, the District of Columbia's Metropolitan Police Department said.

A congressional committee canceled a hearing on the university encampment Wednesday. D.C. Mayor Muriel Bowser and Washington Police Chief Pamela Smith had been scheduled to testify about the city’s handling of the protest before the House Committee on Oversight and Accountability.

University parents and faculty members gathered Wednesday afternoon for a press conference to condemn the handling of the protests by police and school leaders.

Hala Amer, mother of a George Washington University student, speaks at a press conference with faculty and alumni to call on the university to negotiate with student protesters, May 8, 2024, in Washington. (Melos Ambaye/VOA)
Hala Amer, mother of a George Washington University student, speaks at a press conference with faculty and alumni to call on the university to negotiate with student protesters, May 8, 2024, in Washington. (Melos Ambaye/VOA)

“The university clearly does not value the students at all and has endangered the safety of our children by unleashing officers dressed in full riot gear to assault and spray our children in their eyes with pepper spray,” said Hala Amer, whose son participated in the campus protests.

Police said they dispersed demonstrators because "there has been a gradual escalation in the volatility of the protest."

American University professor Barbara Wien said she stayed in the encampment with GW students. She described the student protesters as democratic and peaceful.

Police started to shut down the tent encampment after dozens of protesters marched to GW President Ellen Granberg's on-campus home on Tuesday night. Police were called, but no arrests were made.

Speakers at the conference called for Granberg’s resignation because, they alleged, she refused to meet and negotiate with student protesters.

“You keep inciting violence and ignoring the students,” Amer said about Granberg in an interview with VOA after the conference. “It will just lead to more violence. You need to talk to your students.”

GW officials warned students that they could be suspended for engaging in protests at the school’s University Yard, an outdoor spot on the campus.

"While the university is committed to protecting students' rights to free expression, the encampment had evolved into an unlawful activity, with participants in direct violation of multiple university policies and city regulations," a GW statement said.

More than 2,600 people have been arrested at universities across the country in pro-Palestinian protests, according to The Associated Press.

Students are calling on their university administrations to divest investments from Israel or companies with ties to Israel. Demonstrators have gathered in at least 50 campuses since April 17, carrying signs that read "Free Palestine" and "Hands off Rafah."

Rafah is Gaza’s southernmost city, where most of the territory’s population has clustered. The area is also a corridor for bringing humanitarian aid into the Palestinian territory.

Israel seized the Gaza side of the Rafah crossing on Tuesday, while shutting off the nearby Kerem Shalom crossing, drawing criticism from humanitarian groups. Israel said Wednesday that it had reopened Kerem Shalom.

The nationwide campus protests started in response to Israel's offensive in Gaza that began after Hamas launched a terror attack on Israel on October 7, killing about 1,200 people and taking roughly 250 hostages.

More than 34,000 Palestinians have been killed in Israel's offensive, according to the Gaza Health Ministry. Israel warned it could "deepen" its operation in Rafah if talks failed to secure the release of the hostages.

Some information for this report came from The Associated Press.

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