Before engaging in a demonstration, students should educate themselves about their rights, familiarize themselves with campus policies, and take into account possible outcomes.

Main Points to Remember

a). The First Amendment applies to public schools, not private ones.

b). Students should be aware of their rights and school rules before participating in protests.

c). Breaking laws or school policies can lead to legal or disciplinary action.

Protesting on a Public vs Private College Campus

According to experts, the distinction between protests on public and private college campuses lies in their adherence to the First Amendment. Public universities, being state-funded, are obliged to uphold freedom of speech and the right to peaceful assembly.

However, private institutions are not bound by these constitutional mandates.

Ben Wizner, director of the American Civil Liberties Union’s Speech, Privacy, and Technology Project, highlights that private colleges have the autonomy to establish their protest policies, devoid of constitutional obligations unless dictated otherwise by state laws.

While many private colleges may align their principles with those of free expression akin to the First Amendment, they aren't typically legally binding. Consequently, private institutions retain the authority to modify their protest regulations, even if it means curtailing certain movements they deem unfavorable.

For this reason, students at private colleges should review their student handbook and familiarize themselves with their campus' regulations on the time, place, and manner of activities.

"Even permissible speech has restrictions on when and where it can occur," says Wizner. "Colleges need to operate smoothly; people need to access buildings and libraries. Almost every college has rules against encampments or building takeovers like those seen in the protests related to the Israel-Hamas conflict. Still, I wouldn't advise students against such actions, but they should understand it constitutes civil disobedience and is likely to provoke a strong response."

Guidelines for Protesting

Students protest to "raise awareness and push for change on issues they feel are being overlooked or mismanaged by those in power, especially after traditional methods have failed," according to Stephanie Hall, senior director for higher education policy at the Center for American Progress, an independent policy institute in Washington, D.C.

This could involve concerns such as social justice, human rights, environmental issues, or internal campus policies and administrative decisions.

Before participating, it's crucial to have a plan since "well-organized logistics decrease the chances of unsafe situations," Hall advises. "Understand the cause," Hall emphasizes. "Be knowledgeable about the issue, goals, and demands of the protest."

During a demonstration, students should remain peaceful and nondestructive, avoid violence, and not resist arrest if it comes to that, says Zach Greenberg, senior program officer and a First Amendment attorney at the Foundation for Individual Rights and Expression, a nonprofit focused on protecting free speech on college campuses.

Note that resisting arrest is a key aspect of civil disobedience – peacefully violating a law or policy and accepting the consequences.

"Document everything, typically with a cellphone," advises Greenberg, who also serves as FIRE's student association counsel. "Recording events can be a valuable tool if they face university discipline." Students should "know their rights, understand the limits of what they can do, and adhere to those limits," Greenberg concludes.

Pasquerella advises against making rigid, nonnegotiable demands and stresses the importance of listening critically and empathetically to all perspectives. She emphasizes that without this approach, progress will be stalled. She believes that entering protests with good faith and a willingness to engage humanistically is essential, regardless of one's stance.

She also cautions students to be wary of external agitators and the risks of ideological filtering. She warns that extremists can co-opt movements and urges students to speak out strongly against any hateful or violent messages, even if they come from those who claim to be allies. In the past, it may have been clearer who allies and enemies were, but this distinction has become more blurred.

Additional Factors to Consider Before Protesting

Influence of Social Media

Unlike protests in previous generations, today's demonstrators often have smartphones, allowing them to instantly share videos and pictures on social media and the internet. Experts point out that this instant sharing has both benefits and drawbacks.

"College students today are in a relentless environment where their actions are permanently recorded, accessible to everyone, and searchable forever," says Wizner. "This reality may affect the decisions and risks that some young individuals are willing to take."

Potential Institutional and Legal Consequences

Colleges have the authority to halt protests and discipline students, including suspension or expulsion when they engage in civil disobedience.

This occurs when students intentionally violate university regulations, disrupt campus activities, or commit violent acts. Legally, college students are treated as adults, making them subject to fines or arrests if they break the law. According to Wizner, the legal repercussions for peaceful civil disobedience are generally minor.

"You might spend a few hours or a night in jail if arrested," he explains. "Typically, you will have a court appearance where charges might be dismissed if you avoid further offenses or arrests within six months. However, this is not guaranteed and depends on the nature of the offense.

The penalties for breaking a window and entering a building at night are likely to be more severe than those for peacefully blocking someone’s path."

However, Wizner adds that if students repeatedly engage in such behavior, it could impact their future career prospects, particularly in fields like law enforcement or security. Moreover, private employers might decide not to hire individuals if they find the reasons behind the protests objectionable.

"Students should understand the potential consequences of their actions and decide if their reasons for protesting are worth the risks," Hall says. "In today's campus protests, we see students consistently concluding that their causes or demands justify the possible repercussions. This embodies the essence of protest: risking personal stakes for a greater cause."

Impact of Protesting in College

Despite potential repercussions, peaceful campus protests can lead to positive outcomes, according to experts.

For example, in the late 1980s and early 1990s, students at the University of Rhode Island protested against racist incidents by occupying the administration building and presenting a list of demands, recalls Pasquerella.

"The administration collaborated with them to promote racial and social justice," she says. "Those students often reflect on it as one of their most significant college experiences." "Protests can be educational, which is our hope," Pasquerella adds.

"They involved negotiating complex issues with powerful administrators, working as a team towards a shared goal, and applying personal meaning and purpose in a college setting.

This experience in leadership and collaboration has been valuable throughout their careers, enhancing their professional capabilities."

Frequently Asked Questions

What are my rights as a student when participating in a campus protest?

As a student, you have the right to free speech and peaceful assembly, as protected by the First Amendment of the U.S. Constitution. However, these rights are subject to certain restrictions to ensure safety and order.

Your university may have specific policies governing protests, such as requirements to register the event in advance, restrictions on the time and location of protests, and rules against disruptive behavior.

It's important to familiarize yourself with both your constitutional rights and your university's policies to ensure you are protesting lawfully.

How can I effectively organize a protest on my college campus?

To organize an effective protest, follow these steps:

Plan and Prepare: Identify the issue, set clear goals, and decide on the type of protest (e.g., march, sit-in, rally).

Build a Team: Gather a group of committed individuals to help with planning and execution.

Engage with Administration: Inform campus authorities about your plans, adhere to any procedural requirements, and request necessary permits.

Publicize the Event: Use social media, flyers, and word-of-mouth to spread the word.

Ensure Safety and Inclusivity: Create a safe and inclusive environment for all participants. Consider logistics such as crowd control, security, and access to medical assistance if needed.

What are the potential consequences of participating in or organizing a protest?

Participation in or organizing a protest can have several consequences:

Disciplinary Action: Violating university policies during a protest can lead to disciplinary measures, including warnings, probation, suspension, or expulsion.

Legal Consequences: Engaging in illegal activities, such as trespassing or vandalism, can result in arrest, fines, or other legal penalties.

Academic Impact: Time and energy spent on protests might affect your academic performance if not managed well.

Reputation: Depending on the nature and outcome of the protest, it could impact your reputation positively or negatively among peers, faculty, and future employers.

How can I ensure that my protest remains peaceful and non-violent?

To maintain a peaceful and non-violent protest, follow these guidelines:

Set Clear Guidelines: Communicate the expectations for non-violent behavior to all participants.

Training: Provide training on non-violent protest techniques and conflict de-escalation.

Designate Peacekeepers: Assign individuals to act as peacekeepers to manage and de-escalate any potential conflicts.

Engage with Authorities: Maintain open communication with campus security and local law enforcement to ensure cooperation and understanding.

Monitor the Protest: Continuously monitor the situation and be prepared to intervene if the protest starts to turn violent.

What steps can I take to make my protest more impactful and achieve the desired change?

To maximize the impact of your protest and achieve your goals, consider these steps:

Clear Messaging: Develop a concise and compelling message that clearly communicates your demands and the reasons behind the protest.

Build Alliances: Partner with other student organizations, faculty, and community groups to strengthen your cause.

Media Engagement: Use traditional and social media to amplify your message and attract broader attention to your cause.

Follow-Up Actions: After the protest, continue to engage with decision-makers through meetings, petitions, and other advocacy efforts to push for the desired change.

Document the Protest: Record and document the protest to provide evidence of the turnout and to use in future advocacy efforts.

By understanding your rights, planning effectively, maintaining non-violence, and taking strategic follow-up actions, you can make a meaningful impact through campus protests.