A new “expressive activity” policy at Montclair State University may be revised after raising concern among some students and a First Amendment attorney. It comes amid a rise in protests on college campuses in New Jersey and the nation during the Israel-Gaza War.
The new policy, announced last week, limits the locations on campuses where expressive activity — such as demonstrations, symbolic speech and physical performances — can be held, requires that “silent or symbolic expressive activity” be registered five days in advance, prohibits the use of “amplified sound” and only allows expressive activity between 8:30 a.m. and 6 p.m.
“The university permits expressive activity but has the authority to place reasonable limitations on its time, place, and manner to ensure that the activity does not disrupt university operations, pose a risk to health and safety, or interfere with the ability of all people to take part in the University’s programs,” University President Jonathan Koppell said in message to the school staff on Oct. 18.
‘This Is Overkill’
Bruce Rosen, a media law attorney with experience in First Amendment litigation, said the policy is overreaching.
“This is overkill, and it’s really going to be subject to challenge depending on how they try to enforce it,” Rosen, a partner with the firm Pashman Stein Walder Hayden, told Montclair Local. “They’re entitled to set up time manner and place restrictions and prevent interference with instruction, which is their function, but they also have to allow for adequate alternative channels of communication, and I’m not sure that those are available here.”
He raised concern about limitations on “Silent or Symbolic Expressive Activity,” which the school defines as “noiseless activity that conveys a message, including but not limited to silent protest, displaying signs, wearing symbolic clothing, gesturing, standing, sitting, walking or other noiseless activity.”
The regulation states that such silent activity must be registered at least five days in advance and “must not interfere with another individual’s ability to engage in an event or Expressive Activity.” Rosen said that under this regulation, someone wearing a keffiyeh, which is a traditional Arab headdress, could be viewed as in violation.
Wearing the black and white headscarf has become a symbol of Palestinian identity and resistance. “That’s making a statement in and of itself,” Rosen said. Flags on a book bag or laptop, he added, could likewise be viewed as a “silent or expressive activity” under the policy.
More Clarification Necessary
On Friday, university spokesperson Elyse Fernandez, however, told Montclair Local the provision on silent expression was not intended to apply to a person’s decision to wear a particular article of clothing.
“An individual’s personal silent or symbolic speech does not need to be registered with the dean of students,” Fernandez said in an email. “It is only when the silent expressive activity involves the gathering of individuals for demonstration, protest, or performance purposes that the university requires advanced notice for safety and planning reasons.”
Expect another update to the rules, she said.
“Some additional clarification is necessary to ensure that the intent behind the policy is unambiguous,” Fernandez said. “We are looking at changes to the wording of the policy that will more clearly communicate the administration’s intent behind the policy and its intended impact.”
Previously: Anti-LGBTQ, anti-feminist protesters met with ridicule at Montclair State University
Rosen said expressive activity also must also not be singled out from other types of activity.
“You have to treat demonstrators the same way that you treat a fraternity,” he said. “If a fraternity is making noise outside and having a party, even though that activity is non-expressive, you have to treat them the same way and give them the same rights.”
Fernandez said the new policy “was updated to reflect recent court decisions regarding the First Amendment on college and university campuses.”
Policy Major Takes Aim
Anthony Foster, a junior at the university, who is majoring in policy studies and chairs the Montclair State Democrats, objects to the new rules.
“I look at this not from the perspective of any sort of protester but as someone who cares about civil liberties and I say, ‘How could they let this be? This is absurd,’” Foster, 20, said.
Protest, he said, used to be able to happen at the university anytime.
“You can’t require people to get prior approval to exercise their First Amendment rights in open, public spaces with something as innocuous as a shirt protesting something, or gesturing,” Foster said.
The university’s student newspaper, The Montclarion, reported significant student concern over the new rules, including that from Paige Santos, a senior and international business major.
“When I heard [that] the university had updated the expressive activity policy after receiving criticism, I assumed they were making it more specific to protect students, not that they would make policies stricter, threatening punishment for expression,” Santos told the newspaper.
Montclair State is not the only institution that has regulated speech amid protests of the Israel-Gaza War.
In August, Rutgers University released new guidelines for protests on its campuses, including requiring notice to the university three days in advance of scheduled demonstrations and limiting all demonstrations to between 9 a.m. and 4 p.m. It followed Gaza War protest encampments, including one that lasted 40 days in at the school’s law school in Newark.
MSU For Palestine
Yitzi Halberstam, a humanities major and organizer with the student and faculty group MSU For Palestine, said he believes the policy is a reaction to his group’s activities.
“This is a clear attack on our basic rights,” Halberstam, 20, said. “It gives them an excuse to shut down anything they don’t like. It’s completely unconstitutional.”
In the meantime, he said, MSU For Palestine has been trying to book a protest.
“We have been planning some events, and I have reached out to quite a few clubs,” Halberstam said. “And there are a lot of other groups on board to oppose this however we can.”
Email reporter Matt Kadosh at matt@montclairlocal.news
What nonsense to oppose the right of the University to prevent further disruptions of classes, or inhibit administration activities by occupying buildings, or blocking students not participating from moving around and making others feel unsafe. Some of which happened at MSU (with some Professor’s support and assistance even) but worse around the country at other colleges.
This is a fine policy going forward to provide reasonable avenues for protest and expression of speech without inhibiting the rights of others.
Freedom of speech does not mean carte’ blanche to go wild, harass others who disagree and takeover a university campus.
https://montclairlocal.news/2023/11/first-amendment-argument-does-not-hold-up-letter-to-the-editor/
Gotta love it when Martin Schwartz is VERY clear about hating the freedoms Americans have. Freedom of assembly. Freedom of speech all things Martin openly wants to take away from people. Unbelievable if he hadn’t been showing us all who he is for a very long time. We must be very careful with these types of people who are very loud about wanting people’s freedoms to be taken away!
Clearly Martin does support free speech, you just have to do it exactly where the powers that be allow it and only when they allow it. Also you need a permit and don’t be too noisy about it. I’m glad this guy moved out of town. Now if only we could get him to move on from town politics.
Montclairskier – yes, it is odd that he hasn’t moved on when he moved away! He likes to continue the conversation against Arabs and Muslims alive in Montclair. He seems to have a cult
Like following too.
I guess some above hiding behind monikers, whom I more often than not have agreed with on municipal issues — can’t really handle intellectual nuance that creates a logical disagreement over this particular controversy?
Why on this issue, I support the MSU Administration’s attempts to better channel student protests in order to protect the rights of others on campus not to feel unsafe and unwelcome, should they disagree and not want to participate in protests.
Anyone reading my comments over the years knows that I constantly stand up for free speech and open communication. Usually, rocking the boat against those that try to suppress information, or cover-up uncomfortable facts. But that’s very different than giving carte’ blanche to sometimes violent campus groups like Students for Justice in Palestine, with a record around the country of intimidating and harassing others just because they don’t agree with them. It does not mean allowing these groups, driven by foreign money as now reported, to make students with different politics feel completely unsafe, just from walking around.
In this case over the controversial Hamas – Israel conflict, where in the name of free speech, red paint gets sprayed on some Jewish student’s doom room doors today; or where Jewish kids are called “murderers” walking to class past protesters only because they’re wearing simple religious symbols. And where some professors even openly ostracize Jewish students in classes and berate them, for comments supporting Israel.
And for what? For defending Israel’s response to a barbaric Hamas slaughter after years of enduring rocket attacks against Israeli Jewish civilians? From that Islamist-based group’s charter directing the religious fanatics to wipe Israel and Jews out? Which those writers above call my outing of this, a conversation against Arabs and Muslims? Sorry.
Free speech is a two-way street. And so, is MSU is just trying to prevent those on campus who defend Hamas terrorism essentially, to now stop intimidating others that disagree. Channeling instead the means of expression just a bit more. Which is a compromise to what has been an almost fascist-like free-for-all to date by Hamas defenders. With on-campus campus escalations that too often almost turn violent.
The university Administration is actually acting reasonably here with these new guidelines, to try and better protect the free speech rights of all.