The ACLU of Minnesota sent an open letter to leaders of colleges and universities throughout the state on Monday, Sept. 16, to remind them that they have a duty to ensure their campuses protect free speech.
"Last school year, colleges throughout Minnesota and the country saw a surge in student protests,” said ACLU-MN Staff Attorney Alicia Granse. “With those protests came a crack-down on freedom of expression on campus. As a new school year begins, the ACLU-MN is reminding college leadership that it is their responsibility to foster free expression and to defend their students' rights to make their voices heard."
The protection of free speech is nowhere more vital than in schools. The ACLU-MN emphasized that while student speech activities may be inconvenient, the value that society derives from robust free speech far outweighs minor rule violations related to the use of common areas or public spaces.
The ACLU-MN offered school leaders three considerations to protect free expression on their campuses:
- Extend First Amendment or open expression protections to speech regardless of viewpoint.
- Refrain from involving law enforcement to disperse groups or ticket people for trespassing, disorderly conduct, or other low-level infractions. Inviting armed police to a campus protest environment creates unnecessary legal and safety risks for students and faculty, particularly Black and Brown students. Minor rule violations do not require law enforcement presence.
- Weigh the lasting impact of protesters being trespassed from campus or charged with crimes, particularly those with enhancement provisions. Trespass orders—which are issued without sufficient procedural safeguards—and any resulting criminal charges can have spiraling ramifications that far outweigh any minor rule infractions they seek to punish.
Preserving safety, diversity, and tolerance on campuses is important; so too is the practice of engaging in civil discourse about ideas or views that one finds offensive. These are cornerstones of university life.
The ACLU of Minnesota is a nonprofit, nonpartisan organization that defends and promotes the rights of all Minnesotans through litigation, lobbying and community engagement.
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