First Amendment Rights And Protests

[CitizenZero]

I don't understand why cops are being brought in to break up these protests at all. People have a First Amendment right to protest. You may agree or disagree with the protestors, but I think calling cops in to bust up peaceful protest is anti American and frankly fascist. Imagine if we were protesting a second term of Trump and they called out the National Guard or the Military to bust us up, maybe even arrest us and put us into a camp. We need to defend the right to protest NOW before it is taken away from us. Cops busting up lawful protest is dangerous and shameful. Whether you agree or disagree with the protestors.

[RandySF]

1. It doesn't extend to private institutions.

And I don’t think squatting is a form of speech at all.

[CitizenZero]

2. Maybe So

I would rather err on the side of allowing more protest. Instead of breaking up a student encampment on University grounds. The First Amendment must be protected and interpreted in the broadest manner. The danger of losing First Amendment rights is greater than any other related issue, in my opinion. These people are (so far) non-violent protestors. Students camping at their own University should not be used as a pretext for suppression and arrest of protestors in a First Amendment situation.

[TexasDem69]

5. It isn't a 1st Amendment situation though

The 1st Amendment prevents the government from oppressing speech, but these aren’t government acts.

[CitizenZero]

9. Cops

Cops are part of the government. When cops or national guard break up a protest that is a government act.

[TexasDem69]

10. Not even remotely correct

If I call the police because you are protesting in my private home that doesn’t make it government action.

[CitizenZero]

11. A University Is Not A Private Home

A University is a quasi public or semi public community, not a private home. The distinction is important. The students are a part of that University community. They are admitted, pay tuition, and have certain rights and privileges as part of that University community. They have a certain amount of rights to protest or express themselves on that campus. These are rights to free speech and rights to assembly that people in private homes do not have. So comparing Columbia University to your private home is not equivalent. They are not the same. Universities have elaborated policies regarding free speech. Private homes have no such community and no such policies.

[wnylib]

6. I come from an earlier protest generation.

Students in the 60s waged sit-ins and were arrested. They knew that they would be because they were blocking the ability of campuses to function. Some of the demonstrations became violent, sometimes due to over zealous protesters and sometimes due to COINTEL infiltration.

But, even peaceful protesters can be arrested when they obstruct access to parts of a campus, or when they refuse to move after being told to because they lack a permit or administration consent.

Add to that threats and intimidation toward a specific group of students and there is another reason to tell protesters to disperse and arrest them if they refuse to.

Peaceful civil rights protesters for Black voting rights and integration faced much worse consequences than today's anti Israel protesters are facing. The civil rights protesters knew that they were breaking unjust laws, did it in ways that did not harm or threaten anyone (except for the egos of racists). They were not just arrested, but were beaten, hosed, had dogs turned on them, and fires set to buses while they were inside of them. Sometimes they were murdered.

A supposed right to obstruct campus functions, block access to parts of the campus, and intimidate select people is not guaranteed in the first amendment. Therefore, the arrests.

[LeftInTX]

7. Students camping:

At any university there are numerous groups with different opinions. What about right wing organizations? What if they all decided to camp?

There are also sanitation issues. At Columbia, they purchased camping toilets. Someone has to empty those.

What about disruptions to other students?

And what about academics?

I have no idea how students manage to do all this protesting and keep their grades up.

Universities are institutions of higher learning, not protest campgrounds.

Free speech for progressives also means free speech for the right wing.

So, they can limit camping based on all of the above.

[Zeitghost]

8. They have the same right to protest at Columbia and other private institutions

As Trump supporters have to protest in your front yard. That is to say, none.

[Silent Type]

3. Think right to protest should be protected whenever possible, even when we don't like cause.

However, I don’t have to like the rhetoric in protests, and violence is seldom, if ever, justified.

[Jedi Guy]

4. The right to protest is not unlimited.

You can't just post up on private property to protest and refuse to leave when asked to do so. You most certainly can't camp/squat on said private property. You can't block sidewalks or access to buildings. You can't legally march in the streets without first acquiring a permit. You can't engage in speech that is likely to incite an immediate disruptive or dangerous disturbance (i.e., the Brandenburg test).

Any protesters who have been arrested in violation of their First Amendment rights ought to get in touch with the ACLU. They're famous for litigating free speech cases.

That said, many people have a very fuzzy understanding of the First Amendment and what it does and doesn't do. An example of this would be people advocating for "hate speech" laws to be enacted. No such law would survive a challenge on constitutional grounds. That a peaceful protester was arrested doesn't in itself mean their First Amendment rights were violated. It's situational and dependent on a number of factors.