College campuses have long been centers for activism, debate, and political expression. Whether protesting government policies, university decisions, or social issues, students have the right to express themselves consistent with the First Amendment or, at private universities, with university policy. However, universities—particularly public institutions—must balance free expression with campus order. If you are planning or participating in a protest, you need to understand your rights so you can make your voice heard while protecting yourself from unfair disciplinary action. Continue reading and reach out to the higher education lawyers here at Allen Harris Law to learn about your rights in a campus protest or demonstration.
Do Students Have First Amendment Rights on Campus?
Students at public universities are protected by the First Amendment, which guarantees freedom of speech, assembly, and expression. 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 has repeatedly upheld students’ rights to free expression. In Tinker v. Des Moines Independent Community School District (1969), the Court upheld the right of students to wear black armbands to school in protest of the Vietnam War, holding that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” This principle applies to public college campuses, where administrators cannot suppress speech simply because it is controversial or unpopular.
However, private universities are not bound by the First Amendment in the same way. While they may promise free expression in their policies, their ability to regulate speech depends on institutional rules and agreements with students.
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 protests solely because it disagrees with the message.
Additionally, while universities can prohibit unlawful conduct—such as violence, threats, or blocking building access—they cannot use vague or overly broad policies to silence dissent.
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 refusal to obey certain laws or regulations of a government or authority, typically as a form of nonviolent political protest. It is often used to highlight perceived injustices and to advocate for legal or social change. Acts of civil disobedience may involve peaceful demonstrations, sit-ins, boycotts, or other forms of noncompliance, with participants willingly accepting legal consequences to draw attention to their cause.
Students may choose to engage in civil disobedience — such as holding a sit-in in the president’s office, or setting up tents on areas of campus where overnight camping is prohibited — as an act of political protest, but the motivation behind the action does not itself make the action protected speech so long as the law or regulation being disobeyed does not violate the First Amendment.
What Should You Do If Your Rights Have Been Violated?
Colleges and universities should encourage open dialogue and civic engagement, not suppress student activism. If your rights were violated during a campus demonstration, you do not have to accept unjust treatment — you should review your school’s policies and consider seeking legal counsel. Allen Harris has championed free speech on college campuses for years, and our firm is here to protect your rights. Contact us for steadfast representation today.
