I think there’s little doubt that the pro-Palestinian and anti-Israel protests will once again roil colleges campuses this coming academic year. As protestors vow that they’ll continue their activities, legal or not, and as Israel continues to root Hamas out of Gaza, I fully expect more trouble come this fall.
So do colleges, which are at this moment preparing for such trouble by confecting new regulations and policies. We have two articles on this subject, one in the NYT (first below) and the other in the Times of Israel. Click each headline to read; if the NYT is paywalled, you can find the first article archived here.
Note about what’s below: Daniel Diermeier used to be the Provost of the University of Chicago; now he’s the Chancellor (equivalent to the President) of Vanderbilt University, where he’s still carrying out the Chicago Principles, including free expression and institutional neutrality. Indented text is from the press; text flush left is mine. An excerpt from the NYT about Diermeier’s address to this year’s entering class at Vandy:
Less than 10 minutes had passed before Daniel Diermeier, Vanderbilt University’s chancellor, told hundreds of new students what the school would not do.
The university would not divest from Israel.
It would not banish provocative speakers.
It would not issue statements in support or condemnation of Israeli or Palestinian causes.
Before the hour was up on Monday, he added that Vanderbilt would not tolerate threats, harassment or protests “disrupting the learning environment.”
As you see, Diermeier pulls no punches.
This month, Vanderbilt required all first-year undergraduate students to attend mandatory meetings about the university’s approach to free speech, with the hope that clear expectations — and explanations for them — would help administrators keep order after protests rocked American campuses toward the end of the last academic year.
“The chaos on campuses is because there’s lack of clarity on these principles,” Dr. Diermeier said in an interview.
Well, that’s one reason, and I didn’t hear his talk, but the universal hope in all of the new “solutions” to protests is based on the claim that students simply don’t understand how free speech works on campuses, including private ones like Chicago and Vanderbilt. An important difference between “college” free speech and speech in the public arena is that colleges can more easily create “time, place, and manner” restrictions so that while legal speech is allowed, it mustn’t interfere with the mission of the university: no sit-ins or trespassing, no loud megaphones that disrupt classes, no encampments to block access to parts of campus, no deplatforming of speakers.
The problem I see is that the protestors in many places already know about these restrictions, and are determined to violate them anyway. They regard this as a form of civil disobedience—but one that, unlike classical civil disobedience, does not accept any attendant punishment. Indeed, just a handful of protestors who violated university regulations last year received either civil or University punishment, so there’s no incentive to at least go through the motions of obeying free-speech regulations. From later in the article:
Even as some universities have prepared more rigorous rules and procedures, it remains to be seen how strongly or consistently they will be enforced. The lasting consequences of defiance are also murky. Officials nationwide ultimately dropped many of the criminal charges that protesters faced after the spring demonstrations, and school discipline is still pending for many students. Suspensions have often been lifted in the meantime.
This is why universities’ solution to bring more “clarity” to free-speech rules seems hopeless. The solution, I think, is simply to enforce the rules.
University presidents used summer break to huddle with police commanders, lawyers, trustees and other administrators to rewrite rules, tighten protest zones, and weigh possible concessions to maintain, or restore, order. Many have studied universities that temporarily defused tensions by striking deals with protesters.
But so far, universities are signaling little overt interest in negotiations.
On Monday, the University of California’s president, Michael V. Drake, told campus chancellors to ensure that their policies included bans on unapproved encampments and “masking to conceal identity.” Columbia University, where contentious protests helped drive Nemat Shafik from her 13-month-old presidency on Aug. 14, is limiting campus access. Northwestern University said that students would receive “mandatory trainings on antisemitism and other forms of hate,” with more policy changes coming.
“The question is how do we get more consistent in the way we respond to these issues — and clearer about what the rules are and what the tiered responses will be,” said Richard K. Lyons, the new chancellor at the University of California, Berkeley, a campus with one of the nation’s most robust records of protest. Dr. Lyons estimated that planning for demonstrations had consumed up to 15 percent of the summer for top administrators at Berkeley.
And there have been legal rulings that can force universities’ hands:
A series of recent court rulings, as well as investigations from Capitol Hill and the Department of Education, have created pressure on universities. A federal judge issued a preliminary injunction this month that said the University of California, Los Angeles, could not allow protesters to block Jewish students from campus facilities. (Although U.C.L.A. initially warned that the ruling threatened to “hamstring our ability to respond to events on the ground,” it decided not to appeal and said it would “abide by the injunction as this case makes its way through the courts.”)
Can you believe that UCLA defended the behavior of protestors to keep Jewish students away from their classrooms? Here’s a video of the blocking I remember at the time:
From an article on the UCLA ruling:
The complaint [by three Jewish students] alleges the protesters created a “Jew Exclusion Zone” where in order to pass “a person had to make a statement pledging their allegiance to the activists’ view.” Those who complied with the protesters’ view were issued wristbands to allow them to pass through, the complaint says, which effectively barred Jewish students who supported Israel and denied them access to the heart of campus.
Wristbands! Oy vey!
Our own University, like Vanderbilt, did not divest nor tolerate the encampments for very long, though it did give the encampers what I consider an overly long grace period.
The University of Chicago’s own experience this year suggests that even those deeply held principles do not always prevent turmoil. In May, the university brought in the police to remove an encampment that violated its policy barring unapproved tents.
At any rate, the divisions on campus are now so deep, and the protestors so sure of their moral compass, that I see no rapprochement, no matter how much universities inculcate students with the First Amendment or campus speech regulations.
The solution, which is Diermeier’s is simple, just follow through with campus speech violations by enforcing the rules. In my view, students will be loath to participate in illegal protests if they know that they’re going to be suspended, expelled, or have a punishment noted on their college transcripts. For even more than the students want divestment and a ceasefire, they want their degrees, an untarnished academic record. and jobs. I’m still baffled why many universities are simply letting the protestors off scot-free.
The Times of Israel simply lets us know that more disruptions of campuses are in store (click to read):
An excerpt:
The Student Intifada, a growing coalition of pro-Palestinian, anti-Zionist student groups, is making clear its intention to disrupt the fall semester on school campuses across the United States.
Across dozens of campuses currently opening their fall semesters, there are already calls for masked vigils in support of “Palestine.” Troublingly, many of the groups have gone from calling for demonstrations and encampments to condoning the use of violence and “the total eradication of Western civilization.”
Note that, as some like Douglas Murray have warned, the protestors are not simply anti-Israel, but anti-West and anti-Enlightenment. The article continues.
The Student Intifada’s roots can be traced to the National Students for Justice in Palestine (SJP), founded in 1993 at the University of California Berkeley. However, it’s picked up followers since the war in Gaza and then again with the media attention on Columbia University following last year’s highly-covered student encampment.
It’s worth noting that not a single Columbia student, despite illegal occupation and trashing of a university building faced legal charges (which the Manhattan DA dropped), and nearly none of them (perhaps none at all) faced severe university charges including permanent suspension (many ‘interim suspensions” were rescinded). More:
With the National SJP [Students for Justice in Palestine] as its guide, the movement isn’t limited to local SJP chapters. But it’s not so much the coalition’s reach that troubles some, but rather its refusal to engage with different perspectives.
“The movement is a belief cascade where those in the group compete with each other for acceptance. As they do that, their opinions become more and more extreme,” said William J. Bernstein, author of “Delusions of Crowds: Why People Go Mad in Groups.”
Excuse my cynicism, but I don’t think introductory units on critical thinking, free speech, and civil discussion required for first-year students are going to solve this problem. More:
Across dozens of campuses currently opening their fall semesters, there are already calls for masked vigils in support of “Palestine.” Troublingly, many of the groups have gone from calling for demonstrations and encampments to condoning the use of violence and “the total eradication of Western civilization.”
Yep, all of Western civilization.
The Student Intifada’s roots can be traced to the National Students for Justice in Palestine (SJP), founded in 1993 at the University of California Berkeley. However, it’s picked up followers since the war in Gaza and then again with the media attention on Columbia University following last year’s highly-covered student encampment.
. . . “Expect to see zero compromise”
With the National SJP as its guide, the movement isn’t limited to local SJP chapters. But it’s not so much the coalition’s reach that troubles some, but rather its refusal to engage with different perspectives.
“The movement is a belief cascade where those in the group compete with each other for acceptance. As they do that, their opinions become more and more extreme,” said William J. Bernstein, author of “Delusions of Crowds: Why People Go Mad in Groups.”
“No matter how high their SAT scores were, they don’t have the critical thinking skills they need. They are incapable of putting themselves in other people’s shoes. They are utterly intolerant of other views,” Bernstein said.
. . . University leaders should expect the students to become more strident in their demands this fall, said Lauren Post, an analyst with the Anti-Defamation League’s Center on Extremism.
“They are going to increase their efforts to drive Zionist institutions off campus. They are going to make the average Jewish and Zionist student increasingly uncomfortable. We can expect to see zero compromise from these groups,” Post said.
. . . . In a July 31 Instagram post, the University of Chapel Hill SJP appeared to back the right to use violence.
“We emphasize our support for the right to resistance, not only in Palestine, but also here in the imperial core. We condone all forms of principled action, including armed rebellion, necessary to stop Israel’s genocide and apartheid, and to dismantle imperialism and capitalism more broadly. The oppressors will never grant full liberty to the oppressed; the oppressed must seize liberty with their own hands,” the post said.
The Times of Israel also emphasizes the lack of sanctions for violators, again mentioning my school:
There were an estimated 3,200 people, not all of them students, arrested at colleges and universities last spring, according to the Associated Press. Most of the charges against students have since been dropped.
Other universities, including the University of Chicago and Harvard, withheld degrees from some pro-Palestinian students facing disciplinary measures for their part in encampments and protests. Many of them have since received their diplomas.
About those “nonstudents” demonstrating at many colleges, which also happened at Chicago, it’s a simple matter to ask for IDs, something that students at the U of C must produce on demand. Then names can be taken and trespassers in unapproved demonstrations given the boot.
Two caveats. First of all, as always I am an exponent of free speech on all campuses, public and private. I’m even at the extreme of those free-speechers who think that someone shouting “gas the Jews” on campus in a situation that isn’t likely to provoke violence should not be punished. What I object to is students, with full knowledge, violating campus regulations and, by so doing, impeding the mission of colleges: access to learning. And I object to universities growling about this but doing absolutely nothing to the violators.
There’s a reason why speed traps work: those who speed do so at their own risk (and the risk of others), knowing that they’ll have to get a ticket and a fine. The result: if you know there are speed traps in an area, you slow down.
As an experiement on what happens when deterrence vanishes, read about Montreal’s Murray-Hill Police Strike in 1969. (This is also an object lesson for those who think that you can solve the problem of crime by getting rid of cops and using patrolling by locals.)
Second, I think students deserve a warning when engaged in illegal demonstrations before they’re disciplined. The encampers in Chicago got several days of warnings before the cops took down the encampment (without a single person hurt) at 4:30 a.m. last May 7. Those shouting down speakers or occupying buildings should get, say, ten minutes of warnings before the hammer comes down. Finally, there should be no illegal encampments: not a single tent stake should be driven into prohibited college ground without University officials saying, “Sorry, you can’t do that.”
By all means have introductions to free speech and moderated discussions of first-year students to teach them how free speech works, and why we have it. But that’s not enough. I’m stymied by the failure of universities to realize a simple principle of human behavior: if you give people meaningful punishment for doing something that’s prohibited, they will stop doing it.
A regulation that’s no enforced is a regulation without teeth.










