College campuses have long been hubs for activism, debate, and political expression. From the civil rights and anti-war movements in the past, to modern student protests addressing hot-button issues, both graduate and undergraduate students have acted as catalysts for change by playing central roles in protest movements. Still, universities must balance the protection of free expression with their responsibility to maintain campus order in this heated political climate. College students at public universities have guaranteed First Amendment protections, which include freedom of speech, assembly, and expression. However, private universities are not bound in the same way. Their ability to regulate protesters’ speech can depend on institutional rules and policies.
Students who protest on college campuses face risks: conduct code allegations, loss of scholarships, interim suspensions, trespass warnings, arrests, police citations, and even immigration complications. Knowing your rights can help you protest effectively while minimizing your risk of long-term consequences.
Student protest movements remain a major focus of public attention and political debate. Prominent universities such as Columbia and Harvard have faced intense scrutiny from the Trump administration over campus demonstrations and allegations of antisemitic harassment linked to pro-Palestinian protests. Federal and state officials have increasingly examined how colleges respond to student protests, with congressional hearings and public statements urging universities to enforce policies consistently while protecting lawful expression. Protesters on campus have faced disciplinary proceedings, raising complex questions about free speech, safety, and equal treatment. This heightened scrutiny underscores the importance of knowing your rights as a student protester and understanding the limits of university authority.
If you believe your university has overstepped its authority or punished you unfairly for protest activity, contact the higher education lawyers at Allen Harris Law to learn how we can help you defend your rights and protect your future.
Introduction to Campus Protests
Campus protests are demonstrations, rallies, and other forms of expressive activity, typically organized by students, faculty, or staff seeking to speak out about pressing social, political, or economic issues. The primary purpose of student protests is to draw attention to causes that matter, raise awareness, and advocate for meaningful change that can impact a college community and beyond. While campus protests can foster the dialogue needed to inspire action, they may also generate controversy.
Understanding Free Speech Rights
While free speech rights on public college campuses are substantial, these protections are not without boundaries. Universities maintain the authority to establish reasonable, viewpoint-neutral regulations governing the time, place, and manner of student protests and other expressive activities on their campuses. For example, institutional policies may designate specific outdoor areas for demonstrations or establish particular hours during which protesters can engage in protest activity, all in the interest of maintaining campus safety and operational order. These regulations must be applied uniformly and cannot silence specific viewpoints.
Do Students Have First Amendment Rights on Campus?
Public Colleges and Universities
Student speech on public university campuses is protected by the First Amendment, which guarantees freedom of speech, assembly, and expression. The First Amendment protects peaceful assemblies, leafletting, rallies, picketing, and symbolic expression.
Open spaces (such as campus greens, plazas, etc.) on public university campuses are considered traditional public forums where student speech is broadly protected — but even in traditional public forums, speech is subject to reasonable, viewpoint-neutral restrictions on the time, place, and manner of expressive activities. In other words, public schools can’t punish speech because it’s offensive or unpopular, but they can regulate conduct that blocks access to campus buildings, threatens violence, or destroys property.
First Amendment protections are strongest in traditional public forums. This means students have the right to:
- Speak, assemble, and protest peacefully in public areas of campus
- Distribute literature and engage in expressive activities
- Express their viewpoints without being subjected to viewpoint discrimination by the university
The Supreme Court upheld students’ rights to free expression in Tinker v. Des Moines Independent Community School District (1969). Public school administrators attempted to punish student protesters for wearing black arm bands in protest of the Vietnam War. The Court held this violated the students’ free speech rights, writing that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
Public university students facing disciplinary actions or restrictions from their school’s administration for protest activity should also be aware that they have constitutional due process rights.
Private Colleges and Universities
Private institutions are not bound by the First Amendment, which often results in fewer rights for student protests as compared to public institutions.
While private institutions are not required to uphold constitutional free speech rights, the vast majority of private schools promise certain free speech rights in their policies. Courts consider these policies to be contractual promises, allowing student protesters to hold their administration accountable.
While private university students do not have the same constitutional due process rights as their counterparts at public universities, private universities are bound to follow their own policies when it comes to student conduct and discipline.
Can Universities Restrict Protests or Speech?
While students have a right to protest, universities can impose reasonable time, place, and manner restrictions. These regulations must be content-neutral, meaning they cannot favor one viewpoint over another. For example, a university can require that demonstrations take place in designated areas or during certain hours, but it cannot ban anti-abortion protests while allowing pro-abortion protests.
College Protest Policies
The overwhelming majority of universities maintain demonstration and protest policies, usually found within student handbooks or codes of conduct. These rules establish parameters for the time, place, and manner of protest activity.
What About Sit-Ins and Encampments?
It is also important for students to understand the distinction between free speech and civil disobedience. Civil disobedience is the deliberate and intentional breaking of laws or regulations of a government or authority, typically as a form of nonviolent political protest. The purpose of civil disobedience is to openly violate certain laws or rules to highlight perceived injustices and advocate for legal or social change. Acts of civil disobedience may involve peaceful demonstrations, sit-ins, boycotts, occupying a campus building, or other forms of noncompliance, with participants willingly accepting legal consequences to draw attention to their cause.
Comparing Protests and Civil Disobedience: Key Differences
| Aspect | Protests | Civil Disobedience |
|---|---|---|
| Definition | Peaceful public demonstrations expressing opinions or advocating for change. | Deliberate, nonviolent violation of laws or regulations to highlight perceived injustices. |
| Legal Status | Generally protected by the First Amendment when lawful and peaceful. | Not protected by the First Amendment because it involves intentional lawbreaking. |
| Typical Activities | Marches, rallies, picketing, distributing flyers, public speaking. | Occupying buildings, blocking traffic, and sit-ins. |
| Purpose | To raise awareness, voice opinions, and speak out for change within legal boundaries. | To challenge unjust laws or policies through intentional rule-breaking to provoke reform. |
| Risk of Legal Consequences | Usually low if conducted lawfully and peacefully; may face disciplinary actions if rules are violated. | High risk of arrest, suspension, police involvement, or other legal penalties due to intentional lawbreaking. |
| Institutional Response | Universities may impose reasonable time, place, and manner restrictions. | Universities and law enforcement may enforce consequences more strictly due to rule violations. |
| Examples | Peaceful campus rallies, student marches, symbolic demonstrations. | Occupying Hamilton Hall at Columbia University, setting up unauthorized encampments. |
International Students and Protests
If you’re an international student who wishes to participate in campus protests, you face unique immigration laws and visa regulations that can restrict your involvement in certain protest activities. For example, if you engage in protest activity that authorities deem unlawful or disruptive, you could potentially jeopardize your visa status or future immigration benefits. Additionally, you may encounter heightened scrutiny from university administrators, especially if your participation becomes linked to controversial or high-profile issues.
In response to campus protests, the Trump administration threatened to cut federal funding to universities like Columbia and instructed Immigration and Customs Enforcement to detain international students involved in the protests. The Trump administration’s efforts have also extended to legal challenges and court proceedings related to immigration and deportation policies. The story of Mahmoud Khalil highlights the relationship between student activism, university discipline, and government enforcement. Mahmoud Khalil became a central figure in the national debate over how far student activism should be allowed to go before triggering state intervention when he was arrested for his activism. During the encampments at Columbia, Mahmoud Khalil consistently argued that the First Amendment and university policies should protect peaceful demonstrations, even when controversial. In March 2025, Mahmoud Khalil was taken into custody by federal agents. For weeks after his arrest, Mahmoud Khalil’s case sparked protests across other university campuses.
Chilling Effect on Campus
One common side effect of overly restrictive speech policies is what is known as the “chilling effect”: fearing punishment, people may choose to refrain from lawful speech and protest. You may find yourself self-censoring or avoiding certain types of speech or protest activity because you fear that speaking your mind will lead to disciplinary action, retaliation, or negative social consequences from university administrators or law enforcement agencies. At public universities, regulations that have a chilling effect on speech may violate the First Amendment.
Campus Protest Examples
Historically, campus activism has been an effective tool for social and political change. During the anti-apartheid movement, students pressured universities to divest from companies doing business in South Africa, achieving tangible results. Civil rights movement protests and anti-war demonstrations during Vietnam involved sit-ins and occupations that challenged institutional authority and helped bring about significant societal shifts. Elite schools like Harvard University have also been involved in political and legal conflicts, including government actions such as funding freezes and immigration policy debates, reflecting the complex nature of campus activism.
On April 17, 2024, Pro-Palestinian protests at Columbia University began with an encampment called the Gaza Solidarity Encampment. Some pro-Palestinian protestors shifted from permitted assemblies to building occupations, thus moving from protest into civil disobedience. Their civil disobedience triggered arrests. Counter-demonstrations included Jewish students raising safety concerns. Notable instances of pro-Palestinian protesters arrested at universities have led to ongoing legal proceedings, underscoring the legal risks and institutional consequences faced by student activists.
Documenting Protests and Seeking Help
When participating in campus protests, documenting what happens, via smartphone, is a smart way to protect your rights and ensure accountability during demonstrations. This can provide evidence if disputes arise or if there are allegations of misconduct.
What Should You Do If Your Rights Have Been Violated?
If you believe your free speech rights have been violated during a protest, you should first speak to university administrators, faculty allies, or student advocacy groups who understand your rights. Additionally, you can turn to national organizations, such as the Foundation for Individual Rights and Expression (FIRE), that offer the resources and legal guidance you need to navigate complex issues related to your protest rights and free speech on campus.
Conclusion and Final Thoughts
Campus protests represent a fundamental aspect of university life that provide opportunities for students to voice concerns, challenge injustice, and actively participate in shaping higher education and the entire country. These demonstrations bring critical issues directly to the public’s attention, requiring universities and government agencies to carefully balance free speech protections with campus safety requirements.
Free expression is foundational to educational institutions. Students, faculty, and university leaders can work together to establish an environment where all voices are respected. This collaborative approach doesn’t just protect the rights of students and other groups—it strengthens a university’s essential role as a center for learning, dialogue, and meaningful change.