Freedom of expression is ‘not an absolute right’ on CSU campuses, officials say as new semester begins
Days before students returned to California State University campuses for the fall semester, officials sent an email detailing a policy that regulates the First Amendment at the system’s 23 schools, including Long Beach.
After a spring semester that saw mass protests and encampments at universities across the country in response to the ongoing conflict in Gaza, students and faculty of the California State University system received an email last week outlining on-campus protest guidelines.
“Institutions of higher education have a special obligation to encourage and support the free expression of ideas, values, and opinions, even where they may be unpopular or controversial,” the Aug. 22 email reads. “Freedom of expression, however, is not an absolute right.”
This email, which was signed by CSU Chancellor Mildred Garcia as well as all 23 campus presidents, called attention to the system’s “Time, Place and Manner” policy, which outlines what is expected of demonstrations on its campuses.
According to an informational video, some of the prohibited behaviors include “disrupting or interfering with the speech of others,” camping or overnight demonstrations, possessing weapons and setting off fireworks, among other things. Students who violate the police could face a wide range of consequences, including denial of access to campus, disciplinary probation, loss of financial aid, suspension or expulsion.
Jason Whitehead, an associate professor of political science at Cal State Long Beach and constitutional expert, said such restrictions of the First Amendment are allowable on campus so long as the rules are neutral and not targeted toward a certain group or belief.
“[Lawyers] could say it looks like it’s viewpoint neutral, but in the context of the time right now, it’s obvious that they’re doing it to head off pro-Palestinian human rights protests,” Whitehead said in an interview Tuesday.
Mere days into the new semester, demonstrations have already started at other colleges, including at the University of North Carolina at Chapel Hill, according to a report from the News & Observer.
Cal State Long Beach officials, for their part, maintain that the announcement and policy are neutral and not in response to the recent protests on campus, according to spokesperson Jim Milbury.
On May 2, over 1,000 students and faculty gathered at the Long Beach campus to protest Israel’s actions in Palestine and call for the university to divest from defense contractors with ties to the Jewish state amid their attacks on Gaza and the West Bank.
“It's a political attack on our free speech and an attempt to silence pro-Palestinian faculty and students,” said a Long Beach professor who attended last semester’s protests and requested anonymity for fear of retaliation. “CSULB has direct ties with the Boeing Corporation, which is directly connected to the ongoing violence against Palestinians.”
Two hours after receiving the CSU notification, students received a follow-up email from Cal State Long Beach Vice President of Student Affairs Beth Lesen announcing the launch of the university’s Speak Boldly and Listen Bravely initiative, which is meant to “empower students” and teach them to practice “lawful activism.”
“In these divided times, our university is a place for respectful debate, and many different issues are being debated right now. We want to create an environment that is both passionate and compassionate,” Lesen wrote. “There are students who feel offended by messaging encountered on campus and seek support.”
Beach Hillel, an on-campus Jewish organization, did not respond to multiple requests for comment.
But students getting "offended" should not be the basis for curtailing students' right to free speech, according to Yousef Baker, an associate professor of International Studies at Long Beach.
“Students feel offended all the time. Being offended is different from feeling like your life is under threat,” said Baker. “Saying that I disagree fundamentally with the state of Israel and what it’s doing, I am not saying anything about Israeli students’ lives, about their ability to express themselves or to advocate for the position.”
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