As universities prepare for students to return, tensions are higher than ever at one California campus. On Aug. 13, U.S. District Judge Mark Scarsi ordered that the University of California, Los Angeles, must allow equal access on campus to Jewish students after three Jewish students sued the university. This ruling sets a precedent for courts to side with students against administrations that allow protests to impede learning and safety on campus.
The students in question sued the university after being blocked from entering their classes by pro-Palestinian protests last spring. The university argued that it was not its responsibility to interfere since the obstruction was caused by third-party protesters, but Scarsi disagreed. Although this is not the final say on the case, this is a significant ruling, as it is the first time a court has ruled against a university regarding Gaza war protests.
As other college administrations are creating new policies in preparation for inevitable student protests this fall, they should learn a lesson from UCLA and draw a hard line against discriminatory and disruptive protest activity on campus.
The Scarsi ruling is based on the grounds that UCLA, and all universities, cannot allow resource access to certain students when they are aware that other students are being excluded from those resources based on their religion, regardless of who is responsible for the exclusion. If this is widely applied, colleges will not be permitted to sit idly by while student protesters interfere with the religious freedom rights of other students. Practically, this means that schools cannot allow on-campus protests to block students of a particular religion from accessing buildings or exclude them in other ways based on their religion.
UCLA is pushing back against this decision, and other schools are likely to do so as well. The primary argument for allowing protests to continue unchecked is the desire to preserve students’ constitutional right to free speech. Historically, college campuses have been a stage for young adults to use their voices to advocate for causes in which they believe. UCLA, in particular, has a long history of student activism, and protests , when conducted correctly, are often an effective means of change in the U.S. This is important to remember when thinking about how administrators approach campus protests because they should be wary of overcorrecting and squashing the free speech of their students.
However, people often misconstrue what is constitutionally permitted in an educational setting. According to Tinker v. Des Moines , students maintain their right to free speech while at an educational institution unless they “materially disrupt” the functions of their school. Students are still most protected when they protest or organize off campus, something the school has no right to regulate.
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This monumental court case makes it clear that students have freedom of expression on campus, but there is a limit to how far they can go. Based on the UCLA ruling, universities’ primary responsibility is not to uphold constitutional free speech, but to educate their students. When the protests interfere with other students’ ability to learn, as was the case at UCLA last spring, universities should expect legal action to follow.
Colleges around the country would be smart to take the court ruling seriously and adapt their policies as needed before they find themselves entrenched in legal battles of their own this fall. By creating strong policies outlining where and when students can protest on campus, as well as any other reasonable restraints, colleges will be better equipped to preserve the balance of freedom of speech and freedom of religion for all students. It is essential that these institutions of higher learning remember that they exist to provide quality and equal education to all of their enrolled students, regardless of their religious views.
Anna Wood is a Young Voices contributor working in the Washington, D.C., area.
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