State colleges detail policies for protesting
Demonstrations over war must follow campus rules
While recent protests on some college campuses across the United States over the war in Gaza have resulted in numerous arrests as law enforcement clears encampments, officials at several Arkansas colleges and universities believe their policies clearly state what is acceptable expression — and what is not — on campus.
They also said they have no plans to change or alter their policies in the wake of this spring’s demonstrations, as thousands of students nationwide protest Israel’s conduct in the ongoing war.
Students protesting at universities like Columbia University, the University of Chicago and the University of California at Los Angeles in recent weeks oppose Israel’s military attacks in Gaza — which are a response to a Hamas-led attack Oct. 7 on Israel that killed more than 1,000 people — and want their schools to divest from Israeli companies and other businesses.
They have also expressed support for a cease-fire and for the U.S. to stop supporting Israel’s war effort.
More than 2,500 people at these campus protests have been arrested or detained, according to a recent analysis by The New York Times.
In Arkansas, where there have been some protests, there are no widespread reports of arrests or an outside police presence on campuses.
AT THE U OF A
On a Saturday in March, roughly five dozen protesters demonstrated on the University of Arkansas at Fayetteville campus on behalf of Palestinians who have been harmed during the Israel-Hamas war in Gaza.
Demonstrators were asked to sign a petition that called on the university to publicly express solidarity with — and support for — Gaza’s destroyed universities, as well as those who have been killed there; offer scholarships to displaced students and offer fellowships and teaching positions to professors; organize book drives to help rebuild Gaza’s destroyed libraries and help universities rebuild their labs; divest from companies that derive profits from involvement with Israel; and create a campus climate where Middle East issues can be discussed freely and openly and where speakers
with Middle East expertise are welcomed.
Last month, the university’s chapter of Students for Justice in Palestine delivered that petition — along with another letter of its own — to the university’s administration with the support of Friends of Palestine NWA, the same group that sponsored the March protest, according to Friends of Palestine NWA.
“As a state-supported institution, it is not our general practice to comment on global geopolitical matters,” said John Thomas, UA-Fayetteville’s director of media relations and core communications. “We care about all of our students and larger campus community and recognize the unique perspectives that each member may bring.”
UA-Fayetteville — which has the largest enrollment in the state with 32,140 students — doesn’t have a campus policy specific to protest activity, “but we do have a longstanding campus facilities use policy that addresses the use of campus space and facilities for a variety of purposes,” Thomas said.
The policy was most recently updated in April to address camping, as the policy “did not expressly address camping or attempting to camp in previous versions, (so) this update was simply to provide more clarity regarding that activity on campus.”
“Camping or attempting to camp, and events otherwise involving overnight attendance, are prohibited, with limited, pre-approved exceptions in designated areas in connection with entry to official university events,” according to the policy.
For example, several students camped outside Bud Walton Arena late last year to secure the best seats for the Razorbacks men’s basketball game against Duke, and that was permitted.
As is the case with other colleges and universities, university facilities and outdoor spaces are generally available for expressive activity, subject to time, place and manner restrictions, according to the policy. For example, “use of university facilities or space must not materially and substantially interfere with the functioning of the university or another person’s expressive activity if occurring in an area under exclusive use or control of a particular group.”
“Moreover, such use is generally conditioned on receiving prior approval consistent with” other procedures adumbrated in the policy, and “members of the campus community are expected to utilize the space reservation process to facilitate orderly and coordinated use,” according to the policy.
“However, this policy does not prevent, or require reservations for, spontaneous and contemporaneous gatherings of members of the campus community to assemble, speak and distribute literature in outdoor locations that are generally accessible to the campus community, that are not already reserved for another activity and that do not materially and substantially interfere with other university activities.”
Activities must not create safety risks or disrupt vehicle or pedestrian traffic or free passage of walkways, building entrances, etc., and no obscene, defamatory conduct, “fighting words” or threats of physical harm or incitement to imminent lawless activity is permitted, according to the policy.
“Through education and outreach, the university will seek to work with members of the campus community and non-university entities to achieve voluntary compliance with this policy,” but violators are subject to modification or cancellation of future reservations, employee or student discipline and/or removal from the location and issuance of a no-trespassing warning.
“Encountering a variety of expressions of free speech, including those that may be offensive to you or to others, is part of being on a college campus and living in a community where there are many points of view,” according to the university.
Those “offended, hurt or insulted” by speech on campus have several recourses, from organizing their own demonstrations to counter the contrary point of view, to simply avoiding those speakers/demonstrators, to seeking mental/ emotional support via U of A Cares (a service of the Dean of Students office that provides resources, referrals and other information to students in need of support), “Let’s Talk” (an informal, brief, problem-focused consultation) or the Pat Walker Health Center’s Counseling and Psychological Services.
HENDRIX COLLEGE
Like several schools, protest policies have been in place for quite some time.
Earlier this month, roughly 50 to 60 protesters demonstrating against the Israel-Hamas war began at Hendrix before marching roughly a mile to Conway City Hall to continue the protest, according to Little Rock Public Radio.
Hendrix College’s policy took effect Sept. 5, 2018.
“Students, student organizations, faculty and staff at Hendrix College are free to examine and discuss all questions of interest to them and to express opinions publicly and privately, (and) free to support causes by orderly means that do not disrupt the regular and essential operation of the college or community,” according to the policy for the 1,107-student campus in Conway.
However, Hendrix “does not allow disruptive behavior at community events or on campus,” including purposely blocking the view of others at events, banners or items that block audience view, noise or action that disrupts the ability of an audience to hear or disrupting the college’s normal operations.
“Anyone who wishes to stage a demonstration, protest or vigil on college property must contact and arrange a meeting with Student Affairs and Public Safety to discuss college policy, event-specific regulations and safety issues and must submit an appropriate Demonstration, Protest or Vigil Request Form,” according to the policy.
“The Office of Student Affairs and Department of Public Safety should be consulted in the planning of all organized demonstrations or vigils in order to register the demonstration with other pertinent College offices.”
ARKANSAS TECH
At Arkansas Tech University, for example, the freedom of expression policy for its 9,487 students has been in place and unchanged since October 2019, said Sam Strasner, director of University Relations. Any future changes would need to take place through the university’s board of trustees.
Arkansas Tech “recognizes and supports the rights of members of the campus community and visitors to speak in public and to demonstrate in a lawful manner in outdoor areas of campus,” which includes areas where campus members are commonly allowed, such as grassy areas and walkways, according to the policy.
Communicating through any lawful verbal, written or electronic means; participating in peaceful assembly; protesting; making speeches, including without limitation those of guest speakers; distributing literature; making comments to the media; carrying signs; and circulating petitions are all protected under the First Amendment to the U.S. Constitution, Arkansas Tech says.
ATU reserves the right to limit the time, place and manner of such activities in order to “maintain safety, security and order,” according to the policy.
For example, activities shall occur between 8 a.m. and 8 p.m.; entrances and exits to buildings, classrooms and offices cannot be obstructed; normal traffic cannot be impeded; harassment is not tolerated; display materials must be removed when events conclude; and overnight camping is not allowed.
Violators are subject to “immediate eviction or removal from the campus, without further warning, by appropriate university agents or officials and may be subject to appropriate legal action,” according to the policy. “Students or Registered Student Organizations violating these regulations may be subject to action as described in the Student Code of Conduct.”
ARKANSAS STATE
At Arkansas State University, which has the second-highest enrollment in the state, “members of the campus community who want to engage in noncommercial expressive activities may do so freely in public forums of campus so long as that member’s conduct is not unlawful; does not materially and substantially disrupt the functioning of a state-supported institution; does not materially and substantially disrupt another person’s expressive activity; and does not disregard a policy pertaining to the productive and efficient operation of an instructional or work environment,” according to the Arkansas State University System, which governs A-State and the other Arkansas State University System schools.
The right to engage does not allow for “obstructing vehicular or pedestrian traffic; engaging in unlawful activity; engaging in activities that create a clear and present threat to public safety; engaging in true threats and expression directed to provoke imminent lawless actions and likely to produce imminent lawless actions; engaging in unlawful harassment; utilizing sound-amplification devices; and posting materials on university property.”
The policy was last updated in August 2023, according to Todd Clark, A-State’s interim chief communications officer.
Arkansas State had 14,032 students in the fall 2023 semester, according to an enrollment report released in January by the state Division of Higher Education.
UALR
The 8,158-student University of Arkansas at Little Rock campus policy is similar to its sister University of Arkansas System institutions, as well as other universities in the state.
“An individual or group wishing to protest an expressive activity on campus is subject to the same standards as presenters, (and) on-campus protests and demonstrations that materially and substantially infringe upon the rights of others to engage in or listen to expressive activity are not permitted,” according to UALR’s policy, last updated in July 2023. “Disagreement with different opinions is acceptable; however, the use of violence (including threats of violence and unlawful harassment), violations of law and violations of university policy are not consistent with creating an environment in which ideas can be discussed openly.”
The university “shall not restrict the expression of a member of the campus community in a campus forum based on the viewpoint of the expression or reaction or opposition from listeners to or observers of the expression,” according to the policy. However, time, place and manner restrictions can apply.
Policy violators may be removed from campus or arrested, according to the policy. “Members and non-members of the campus community may also lose their privileges to use campus grounds and facilities in the future, in addition to criminal sanctions,” although any criminal proceedings are separate from the university’s sanctions.