Writer: Haia Al Zein
Editor: Kaiya Opal Zurfluh
April 7th, 2024
The First Amendment: debated to be the most important and necessary amendment. The American Constitution centers around 10 amendments formally referred to as the Bill of Rights. The First Amendment serves as the basic right of expression and as an added individual protection to balance government power. This Amendment provides an individual with the right to formulate opinions and ideas without disciplinary governmental action. Free speech is not only limited to verbal words but also to an individual’s choice of clothing, writing and more.
Free speech on college campuses is a reluctant conversation to have. This is due to many reasons, however, one of the biggest factors remains to be the reputation a university desires to maintain. Many institutions choose to take a neutral approach rather than a direct approach to emerging issues, which is done to avoid causing the school attention that may discredit the institution. Many institutions are in support of the Kalven Report. The Kalven Report, titled “The Committee on the University Role in Political and Social Action,” was issued in 1967. The Report works as a mechanism to encourage universities to stay neutral alongside moderate collective action. It embodies impartiality within an issue while encouraging students and faculty to advocate for their beliefs. This report is being used today among numerous universities, including several high-profile, prestigious institutions.
The students at Columbia University, an Ivy League, started building encampments on campus to advocate for the divestment of Israel-associated investments. The students have so far been arrested, suspended and even assaulted. The reaction from the New York Police Department (NYPD) and Columbia’s administration has raised concern among students. The protesting currently taking place at Columbia University resembles past protests, such as the Vietnam War in the 1960s. One institution in particular, Kent State University, ordered the National Guard on May 4, 1970, on the demonstrators. This led to four deaths as well as nine injuries among the student body. The First Amendment also became relevant at the University of Southern California (USC) when on April 5, 2024, Muslim valedictorian, Asna Tabassum, was prohibited from speaking at her graduation. The speculations on the reasoning include the possibility that Tabassum would bring up Palestine during her speech. Due to these assumptions, students became fearful, and the administration felt prompted to retract her speech. Had Tabassum intended to bring up Palestine she would have been utilizing her right to free speech. Denying individuals the opportunity to exercise their right to free speech constitutes a violation of the First Amendment. Mere speculation does not justify the restriction of a student's freedom of expression.
Similarly, the University of California Los Angeles (UCLA) joined Columbia and is currently embarking on Pro-Palestinian protests. There are hundreds at UCLA protesting for the divestment to Israel. The night of May 1, 2024, the Los Angeles Police Department (LAPD) began arresting students. The night prior, April 30, 2024, counter-protestors were attacking the Pro-Palestinian group with fireworks, scooters, water bottles, and tear gas. The LAPD had a delayed reaction to the counter-protestors but was swift in arresting students on May 1. UCLA is facing a unique situation by having students versus students rather than administration versus students. The delayed response from the administration to the counter-protest suggests that one group of students may be receiving preferential treatment.
College campuses usually face a divide between students and administration, but now we’re seeing an additional divide between students of different groups. At UCLA, Columbia, and USC the division is evident as peaceful protests have been met with violence from both the administration and, in UCLA's case, from fellow students. There seems to be a limit of allowance for student expression on college campuses; the question is, do institutions care more about their reputation than student voices?
References
Bill of Rights and later Amendments to the United States Constitution.
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Kalven Committee, Kalven, H., Jr., Franklin, J. H., Kolb, G. J., Stigler, G., Getzels, J.,
Goldsmith, J., White, G. F., & Stigler, G. (1967). Report on the University’s role in political and social action. In the Report of a Faculty Committee. https://provost.uchicago.edu/sites/default/files/documents/reports/KalvenRprt_0.pdf
Regan Morris at UCLA, and S. C. (2024, May 1). “horrific” violence at UCLA after counter-
protesters attack pro-Palestinian camp. BBC News. https://www.bbc.com/news/world-us-canada-68937775
The May 4 shootings at Kent State University: The search for historical accuracy. Kent State
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Vasquez, M. (2024, February 8). Is institutional neutrality catching on? The Chronicle of
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neutrality (Chicago’s Kalven Principles)-only the fourth American University to do so. Why Evolution Is True. https://whyevolutionistrue.com/2024/02/03/columbia-university-embraces-a-version-of-institutional-neutrality-chicagos-kalven-principles-only-the-fourth-american-university-to-do-so/
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