In 1964, students at Berkeley University defied the authorities by storming their campus to express ideas that, in the eyes of the leaders, smacked of communism.
This episode led to a standoff over the interpretation of the First Amendment and freedom of expression. The students won the fight, but conservative reactions were strong, paving the way for the political career of Ronald Reagan.
For several weeks, the leaders of several American universities have had to manage demonstrations, which are multiplying and gaining in intensity.
The trigger was the Hamas terrorist attack in October 2023. A horror to which Israel continues to respond.
Islamophobic and anti-Semitic gestures or remarks are skyrocketing. In the latter case, the statistics are frightening. There was recent talk of an increase of 140%.
Freedom of expression during gatherings
If you were interested in this question, you quickly noticed to what extent it inflamed the demonstrators. These days, it’s the pro-Palestinians who are occupying campuses and their diatribe may send shivers down your spine.
The temptation is great to take action and/or involve the police. This is what Columbia University recently did. The students may have deviated from institutional rules, but did they violate the limits of freedom of expression?
When we call for the destruction of Israel, or, broadly speaking, violence, you might be surprised to see how much the Supreme Court has authorized over the past fifty years.
Unless the threats made immediately lead to violent and illegal action, most of the time the boundaries of the First Amendment are not violated.
Since freedom of expression is essential for universities to accomplish their mission, leaders very often find themselves in a balancing act.
In recent months, two university leaders have paid a high price because they gave the impression of favoring a faction of woke progressives.
As a bonus, when generous donors threaten to reduce or stop their financial contributions, the noose quickly tightens on decision-makers.
Avoid improvisation
The current demonstrations too often offer a heartbreaking spectacle and several gestures or slogans offend my convictions. However, I believe that we must ensure that the rights of demonstrators are protected.
How can leaders weather the storm? While it goes without saying that we control regulations and safety, anticipation must be at the heart of concerns. You cannot improvise a reaction.
The American elections are rapidly approaching and the electoral deadline could constitute an accelerating factor.
More than ever, university leaders must be proactive and communication is the key factor. We must increase the number of meetings with the organizers while ensuring that the regulations and the action plan are known to the entire community.