The Tyranny of Colleges: They’re taking our rights away 

In there being two distinct types of colleges — private and public — schools can be found operating differently from each other. This has been especially noted in the differences in punishment for students at either school. Since private schools not being tied to the government, they are not bound by the First Amendment. While private schools often outline freedom of speech in their rules, they are able to discipline students if this speech violates student conduct or any other rule. Thus, students at private schools are more able to be punished.  

At public universities, the First Amendment protects student rights. While universities can have time, place and manner rules for student speech and restrict speech that is threatening or distracting, the viewpoint must be neutral. Students have the right to engage in peaceful protests, but activities must not “violate reasonable campus rules, interrupt classes, or substantially interfere with the opportunity for students to learn.” These rights are upheld by the judicial precedent set by cases such as Healy v. James (1972)  and Papish v. Board of Curators of University of Missouri (1973).  

Universities claim to operate by this system, but is it still being upheld by certain universities? Or are the rights of students through this system being violated to tamper down on protests, especially involving ones that are pro- Palestinian? Lately, it is the latter.  

Events at Cornell 

After participating in a pro- Palestinian protest on Sept. 18, Cornell Ph.D. student Mamadou Taal has been placed under temporary suspension. Because Taal is a student with an F-1 visa, this suspension can lead to his deportation since  “universities are required by federal regulation to terminate the F-1 status for any student who is not permitted to be enrolled due to a disciplinary action.” His right to due process is being violated by allegations against him stating that he shoved a police officer and did not listen to the lawful directive, all without substantial evidence of this being true. His rights granted by the First Amendment are being violated. Taal’s actions on that day do not “meet the narrow circumstances necessary to justify an immediate temporary suspension under Cornell’s Student Code of Conduct Procedures.”  

Cornell’s Interim Expressive Activities Policy, first issued on Jan. 24, 2024, limits when amplified sound can be used, subjects some protestors to increased disciplinary action, and “delineates which objects are prohibited at collective campus actions”. While Cornell has acted with the support of this policy it has simultaneously violated its Memorandum Of Agreement with the Cornell Graduate Students United (CGSU). It is through this that Cornell granted Cornell Graduate Students United-UE (CGSU-UE) the right to bargain “over the effects of any decision to discipline a bargaining unit member to the extent that such decision impacts their terms and conditions of employment.” The CGSU-UE condemns Taal’s suspensions and is actively fighting for just cause protections in discipline and discharge, due process, academic freedom, and “nondiscrimination protections inclusive of political affiliation and action, religious practice, and caste.” However, according to Jenna Marvin, a bargaining member of CGSU, “the university hasn’t allowed the union to bargain on his suspension.”  

Cornell is jumping through hoops to ensure that Taal’s punishment is carried out, while ignoring his constitutional rights and the agreement that they have made. In violating the MOA, Cornell is violating the rights that Taal has as a student.  

Events at UConn 

UConn has recently made amendments to policies in protests. These policies impact the use of amplified sound, outdoor gatherings and sign posting. Through this, “the timing and nature of permissible student protests as well as the degree of regulation university administrators hold over these activities” has changed. Along with this, prior university approval is now required for encampments to form, and only in areas designated by UConn officials.

In comparing UConn to Cornell, it is important to note that due to UConn being a public college, our university does not have as much restraint on the rights of students as Cornell does. UConn is bound to the First Amendment and can only interfere when the actions done by students are threatening or distracting. While it makes sense for UConn to limit the timing and nature of protests to ensure education is not disrupted, the increased ability to regulate students’ freedom of speech is not justifiable. It prohibits students from being able to engage in their civic duties. By requiring activists to gain prior approval from the university when they want to protest, students are having to act under a controlling body. This is a clear violation of the First Amendment — something public universities are tied to — by creating barriers for students to exercise their rights.  

What should be done 

What is happening at Cornell should be a wakeup call for the students of UConn. College administrations are taking away the rights that our Founding Fathers believed are “inherent in all people by virtue of their being human,” These are unalienable rights, something that “cannot be surrendered to government under any circumstance.” With this, we must act as the Founders told us to and alter or abolish the system that is in place and institute a new one for our safety and happiness. Under these circumstances, we have the right to revolt.  

We, the students of UConn, must stand in solidarity with Taal. Taal has the same basic rights as we do that are granted under the US Constitution. If Taal is deported and stripped of these rights, what will happen to other students? We must protest for our rights as a collective whole. It is our duty to do so as civic members of the United States.