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USF can place protest restrictions, First Amendment expert says

After 13 protesters were arrested, some have objected to how the university dealt with the demonstration. ORACLE PHOTO/LILY BELCHER

At the end of the spring semester, law enforcement arrested 13 protesters at USF during on-campus demonstrations.

After the protests, Tampa Bay Students for a Democratic Society (SDS), which organized the demonstrations, posted that the arrests were “a blatant violation of [their] First Amendment rights to free speech and assembly.”

Related: Several protestors at USF arrested during pro-Palestine encampment protest

Zachary Greenberg, a First Amendment expert, said universities are required to protect First Amendment rights, but can place restrictions.

“[Universities] can enforce reasonable time, place and manner restrictions, but they have to be content neutral,” Greenberg said.

Greenberg is the senior programming officer with the Foundation for Individual Rights and Expression (FIRE), an organization that defends the rights to free thought and speech.

Law enforcement told protesters during the demonstration on April 30 that they would have to leave the area by 5 p.m., or the close of business. Law enforcement used tear gas and arrested ten protesters after they did not disburse by the deadline.

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Greenberg said the 5 p.m. deadline was a reasonable time restriction.

“Restrictions based on times, [like] after 5 o’clock, are usually designed to enforce quiet hours, to ensure students who are perhaps studying or sleeping aren’t interrupted,” he said.

However, Greenberg said the university should have alternate ways for students to protest, such as on nearby sidewalks or streets.

He also said the university has the right to shut down a protest if it causes a “substantial disruption.”

On April 30, protesters linked arms and held  plywood shields to surround an unpermitted tent. Greenberg said this demonstration could be deemed disruptive because it would block students from accessing a part of campus.

Related: USF pro-Palestine hunger strikers removed from BOT meeting 

Prior to the April 29 protest at USF, which resulted in three arrests, Dean of Students Danielle McDonald sent an email to the student body reminding them of restrictions during exam week. Specifically, she reminded students that tents are not permitted on campus without a permit.

“Amplified sound” is permitted at the Martin Luther King West Plaza and Marshall Student Center Plaza, among other outdoor areas on campus, according to USF Policy 6-028. The outdoor areas allowing amplified sound do not include the Library or outside any academic building, according to the policy.

Related: USF students demanding Starbucks ban escorted out of library sit-in 

Following the arrests of several students at the protests, SDS also posted a call-in script after students were facing suspension or barred from graduating.

USF’s response to protests has received criticism from some civil rights groups.

Howard Simon, interim executive director of the American Civil Liberties Union of Florida, said in a statement that cracking down on protesters has escalated tensions on campus.

“Threatening students with expulsion from their university or deportation from the country does not align with the obligations of public officials to respect First Amendment rights regardless of the point of view that is being expressed,” he said.

Related: Trouble following USF divestment debate updates? Here’s what to know. 

In an interview with the Jewish Press of Pinellas County, President Rhea Law reiterated the restriction on protests.

“USF strives to provide an environment for all students that is free from discrimination or harassment on any basis, including religious beliefs,” Law said. “In recent months we have reaffirmed numerous times that violence, discrimination, or harassment against any member of our community regardless of background will not be tolerated.”

She also said the university has reviewed the language of protesters to determine if it is harmful or threatening.

Following the arrests at the end of April, the Council on American-Islamic Relations Florida, a nonprofit civil rights group, hosted a press conference, including protester and former hunger-striker Alina Atiq. Atiq said she was revolted and disgusted by the administration’s response to their protest.

Related: USF students to go on hunger strike for Palestine: ‘Putting our lives on the line’

After law enforcement deployed tear gas, Atiq said she fell to the ground because she couldn’t breathe before another student grabbed her and she “ran for dear life.”

Atiq said the student protests will continue in solidarity with similar demonstrations across the country.

“We resolve to fight until divestment,” she said.

Related: A guide to activism on the USF Tampa campus

Greenberg said that since protests on college campuses have increased, FIRE has seen an uptick in cases from students. The university also has a responsibility to make its policies available and easy for students to understand.

“Any university policy, especially policies regarding free speech should be readily accessible to students,” he said. “…That’s the important part of any rule, and that ensures that students are able to understand what the rules are and how they can conform their conduct to these rules.”

Correction: An earlier version of this story incorrectly identified the Council on American-Islamic Relations Florida as the Council on American-Islamic Relations.

Lily Belcher, News Editor

Lily Belcher is the news editor for The Oracle. She's a mass communications and professional and technical communications double major. She started at The Oracle in summer 2023 as a correspondent and worked her way up to news editor. She has been freelancing for local newspapers for four years and hopes to write for a major newspaper following her graduation. Reach her at belcher20@usf.edu

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