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University Encampments and the Future of Free Speech

What the pro-Palestine encampments and the official responses to them mean for the future of protest.

Protestors holding up a pro-Palestine “Cease Fire Now!” banner. Sword & Shield. CC BY 3.0 NZ

Will encampments continue to be an effective mode of protest? Palestine solidarity is growing worldwide, especially among college students. Inspired by protests at Columbia, students at numerous universities have established pro-Palestine encampments, urging the institutions to divest funds that support Israel, aiming to halt the mass killing in Gaza. Since October 7, thousands of Palestinians have been killed, and nearly half the population is suffering from malnutrition. Encampments sprang up at major universities worldwide, including McGill, Trinity, Oxford and the University of Tokyo. Robert Cohen, a professor at NYU, told ABC News that he considers encampments to be the biggest student movement of the 21st century. The varying responses globally reflect the nuanced nature of encampments, balancing concerns for student safety with protecting their right to freedom of speech. Some universities, such as Wesleyan University and Oxford University, are more tolerant of the encampments, allowing them to continue so long as they remained nonviolent and nondisruptive. Other schools, such as UCLA and UT Austin, have taken a different approach and alerted the police and attempted to remove encampments by force, leading to thousands of student arrests. Students at Brown University and UC Berkeley dismantled encampments after reaching agreements with officials to discuss divestment strategies. Pro-Palestine encampments and the varied responses to them have compelled students to reflect on the extent to which their right to freedom of speech is protected.

While “freedom of speech” is a broad term, the US Constitution's First Amendment specifies that it includes the right to peacefully assemble and the right to petition the government, but it has limits and cannot justify violence. According to FIRE (Foundation for Individual Rights and Expression), while police can dismantle encampments that disrupt class or block student traffic, they can not interfere or issue arrests out of personal bias. However, rights to freedom of speech vary by institution, especially between public and private schools. Private universities are not necessarily required to follow constitutional rights, and universities driven by religious or military interests may prioritize other values over freedom of speech. In the context of encampments, there doesn’t seem to be a large correlation between university type and response from officials. One pattern that has emerged is that most student arrests are occurring in urban areas like New York and Los Angeles. The media has wielded a dual influence, serving as both an inspiration for global encampments and a source of delegitimization. Across the internet, students are labeled as “entitled” and “immature,” facing criticism from professors, government officials and religious leaders who deride their anti-imperialist goals as unrealistic.

Columbia Encampment Day After NYPD Raid. Pamela Drew. CC BY-NC 2.0

Some argue that history is repeating itself with the rise of pro-Palestine encampments. During the Vietnam War, students at universities worldwide urged institutions to cut ties with the military and ultimately end the war through pro-peace propaganda and counterculture lifestyles, most notably at UC Berkeley and Columbia. Students held abolitionist views toward the armed forces, viewing the military as systematically oppressive.

With semesters wrapping up and campuses quieting down, encampments are naturally disassembling, even if no agreements have been reached with universities. As November's election approaches, more members of Gen Z are eligible to vote. It remains unclear as to whether or not young voters will support Biden, as they criticize his support for the Israeli military, emphasizing a lack of unity amongst Democrats. Regardless of short-term and long-term outcomes, pro-Palestine encampments have demonstrated the role students can play in fostering dialogue and raising awareness, ultimately reshaping public opinion. Recent events have prompted discussions about whether or not students are protected by their First Amendment rights when establishing encampments, forcing us to reconsider the essence of free speech.

TO GET INVOLVED

UNRWA (United Nations Reliefs and Works Agency) is an organization that provides direct relief to Palestine refugees. Donate to provide humanitarian relief to those affected here.

Call on Congress and President Biden for an immediate cease-fire via moveon.org

Check out the Palestine Resource Guide, which provides updates on the latest news and resources pertaining to Palestine. Find a protest/event near you here.