*Editor’s Note: Due to the nature of this story, some of the students interviewed requested only their first name be used.
Freedom of speech – a crucial part of democracy – is legally protected on college and university campuses across the U.S. But when it comes to the Israel-Hamas conflict, it is not always socially protected, some students say.
“I think it’s exposed how limited and fragile freedom of speech actually is in this country,” said Leen M., a graduate from the University of California, Berkeley.
Tamar, who attends the University of Pittsburgh, said she doesn’t necessarily believe that the current war between Israel and Hamas has changed the legal terms of the First Amendment.
“Rather, it began a discourse on bigotry and where the line is crossed,” Tamar said. “This is complex as we as humans all have different opinions. To one person what is thought of as a statement is hateful or even endangering to another.”
The disciplinary and legal action taken against protesters has prompted many discussions across the country. Freedom of speech is protected by the First Amendment of the U.S. Constitution, which is especially important in college and university campuses since they are considered a “marketplace of ideas.”
As of May 23, more than 100 college and university campuses, mainly in the U.S., have experienced protests against the Israel-Hamas conflict, Campus Safety reported. The Associated Press reports that 2,600 people have been arrested across 50 campuses, and according to CNN, more than 50 professors have been arrested since the start of the war on Oct. 7, 2023.
Although the First Amendment does not fully apply to private institutions, California’s Leonard Law protects the freedom of speech of students attending private colleges or universities, thus making the speech of students in all colleges and universities in the state protected. Despite this, many students want to protect their identity when protesting and/or speaking about the conflict.
Freedom of speech: Higher education campuses
At the University of California, Davis, the Popular University for the Liberation of Palestine (PULP) group set up an encampment at Memorial Union quad on May 6.
In response, Chancellor Gary S. May stated – and reiterated on May 15 – that, “As a public university, UC Davis cannot and will not discipline students for speech protected by the First Amendment.”
However, Andrea, a student at UC Davis studying civil engineering, says what UC Davis has said about freedom of speech and how it has responded to protests are two different things.
“The university has put out many statements, saying that they protect freedom of speech and are understanding of the situation,” Andrea said. “Behind closed doors they are trying to deem these protests set up by union workers as illegal, which is hypocritical.”
At UC Berkeley, pro-Palestinian students set up an encampment on April 22, which was expanded by alumni on May 3. The encampment was dismantled on May 15 after an agreement between the students and administrators was reached.
“As far as the university is concerned, nothing has changed,” said Cal spokesperson Dan Mogulof. “The university has an unwavering and non-discretionary commitment to the First Amendment and the Constitution of the United States. As a public university, we have no choice. And as UC Berkeley, the home of the free speech movement, we have no inclination to in any way interfere with anyone’s free speech rights.”
In contrast, students described UC Berkeley’s association with free speech as stemming from the students, not the school administration.
“UC Berkeley is known for its pivotal role for free speech in this country, however, this push for free speech stems from the students and community, not school admin,” said Leen M. “Pro-Palestinian students and faculty absolutely face intimidation and repercussions for their advocacy. I’ve seen GSIs lose their positions, professors not offered tenure, students having their degrees withheld and having job offers revoked.”
Hanifah Abatcha, a student majoring in environmental engineering at Cal, echoed Leen’s concerns.
“There’s definitely a difference between the student body and school administration,” Abatcha said, “Overall, UC Berkeley’s student body encourages free speech. I’ve participated in the public protests, in those situations protesters were able to express their opinions. As for disruption protests, school administration tends to push back on those.”
On the other hand, there are colleges and universities in the Bay Area that have encouraged free speech since the start of the conflict.
“I have just finished my first year at the University of Pittsburgh and find it an environment that greatly encourages free speech,” Tamar said.
Mariam Hassane, a political science major at Los Medanos College, said,
“They’ve [LMC] been very supportive on both sides.”
Freedom of speech: High school perspectives
The discourse surrounding freedom of speech pertaining to the Israel-Hamas conflict has spread to high schools.
At one east Contra Costa County high school, students disagree about how their school administration has protected and welcomed free speech.
“I would say there is a very strict narrative of shutting down any [speech]. Not that they [the school administration] have a specific agenda, it’s just that they don’t want people talking about things,” said B., an Israeli student at Liberty High School in Brentwood. “We should be able to discuss controversial topics. Especially if it is controversial, we should talk about it.”
On the other hand, Marie Boussou, a 2024 graduate from Liberty High School and president of Liberty’s Muslim Student Association during the 2023-24 school year, said she believes that, “Liberty is a campus that I think does a good job in welcoming and protecting free speech.”
“We see various ideologies within our peers around campus, and even in the classrooms and offices of teachers and staff.”
*Additional resources:
Which Colleges and Universities Are Experiencing Pro-Palestine Protests? – Campus Safety
Some colleges that had been permissive of pro-Palestinian protests begin taking a tougher stance
Dozens of professors among those arrested in campus protests | CNN
First Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress.
Healy v. James :: 408 U.S. 169 (1972)
Statement From Chancellor Gary S. May on Encampment Set Up May 6 | UC Davis
May 15 UC Davis Statement on Student Encampment
Pro-Palestinian students erect tents at UC Berkeley, demand divestment from Israel
Pro-Palestinian encampment at UC Berkeley expands
UC Berkeley encampment comes down after school agrees to review investments
Loujain Habibi will be a 12th grader at Liberty High School in Brentwood.
