Protesting on College Campuses: FAQs Answered

From the Vietnam War era to the Israel-Hamas war that began in October 2023, college students have long been active in sharing their views about issues important to them, often through protests on campus.

Student activism raises questions about actions and speech that are protected by the First Amendment and about schools’ responses, such as canceling graduations or instituting policies to limit protests, citing concerns for student safety.

But when do protests move past First Amendment protection? What is — and isn’t — allowed when it comes to protesting on college campuses? Here’s everything to know about campus protests.

FAQs about protesting on college campuses and the First Amendment

Is there a difference between public and private colleges when it comes to First Amendment rights?

Yes. Students at public colleges and universities are protected by the First Amendment freedoms of religion, speech, press, assembly and petition. But private schools – like private employers – are not bound by the First Amendment and often have their own guidelines that can limit students’ speech and behavior. That would include rules about protests on campus. Some private schools may be required to follow the strict requirements of the First Amendment, either because state law applies the First Amendment to private institutions (as California does) or because the school has adopted it in its own rules or policies.

Police stand in riot gear as demonstrators chant outside the Columbia University campus on April 18, 2024.

RELATED: The complete guide to free speech on college campuses

How can universities balance fulfilling their educational missions, ensuring student safety and protecting First Amendment freedoms?

Institutions of higher learning have long struggled with the mission to educate students and expand and challenge their thinking while also maintaining safety and civility on their campuses. In addition to ensuring that the learning process occurs, federal laws – most notably Title VI of the Civil Rights Act – require universities to provide a safe learning environment for all students free of discrimination and harassment. Universities must ensure, for instance, that students can get to class without being physically blocked by protesters and can focus on their studies while in the classroom. They also must make sure that students of all races, colors and national origins do not feel threatened or unsafe on campus.

Can students be arrested for the simple act of protest?

Peaceful protest is protected by the First Amendment’s freedoms of speech, assembly and petition. But speech must be differentiated from conduct. The First Amendment does not protect conduct such as vandalism, trespassing, violence and illegal harassment that violates Title VI of the Civil Rights Act. In addition, certain types of speech are not protected by the First Amendment, including incitement to imminent lawless violence, true threats and fighting words. Finally, universities can limit the time, place and manner of protests, as long as those limits aren’t intended to stop the protest entirely and are applied to all viewpoints equally.

Police arrest demonstrators at the University of Utah on April 29, 2024.

Can campuses limit the content of the speech that students are permitted to express?

Speech cannot be limited because administrators disagree with the message. All viewpoints must be treated equally. University officials can only limit or punish speech that falls into categories that are not protected by the First Amendment. Universities can also impose limitations based on factors unrelated to the content of the speech, such as when the protest occurs, where it is occurring, and the noise levels, as well as the need to address specific and identifiable safety concerns.

Can non-students be prevented from joining on-campus protests?

When it comes to a private college or university, the answer is simple: Unless the institution is bound to the First Amendment by state law or its own rules, it can restrict access to outsiders in full or in part for any reason at any time without violating the First Amendment.

Public colleges and universities (and private colleges and universities that follow the First Amendment for reasons described above) are more complicated. These institutions can also limit access to people who are not part of the school community, but under more limited circumstances. While they can always ask trespassers to leave, a person who intends to enter campus to exercise First Amendment rights presents a different issue.

Many places in public colleges and universities, especially in and adjacent to where classes occur, residence halls and other buildings, are likely to be considered either "nonpublic forums" or "limited-purpose public forums" for purposes of the First Amendment. These are both examples of places that are only open to the public for free speech purposes when the government allows it. That means the government can also restrict access consistent with the First Amendment if there's a reasonable reason for doing so, particularly if the reason is unrelated to what the person wants to say, and the restriction is applied to all speakers regardless of viewpoint. Actual threats to campus safety and to students' and faculty's ability to get to class would qualify.

Is hate speech protected by the First Amendment?

Yes, speech that is offensive, hurtful, hateful and even outright racist is protected by the First Amendment, unless it falls into some other unprotected category, such as incitement to imminent lawless violence, true threats or fighting words.  Universities have the added burden of balancing the protection of free speech against their obligations under Title VI of the Civil Rights Act to provide a safe and non-threatening learning environment.

Is occupying campus buildings permitted under the First Amendment?

No. While viewed by many as an act of civil disobedience, it does constitute trespassing, which is conduct that is not protected by the First Amendment.

Can students pitch encampments as an act of protest on campus grounds?

The First Amendment does not protect camping or creating an encampment in public spaces. University officials have the right to regulate large – especially permanent or semi-permanent – gatherings of this type if they can demonstrate that it is necessary for reasons unrelated to the protestors’ message. The most common justifications are the need to provide clear access for students and educators to move about campus and get to class and to manage campus safety and security resources.

A protestor leads a chant as a counter-protester waves a flag of Israel at a pro-Palestinian encampment on the University of Washington campus on April 29, 2024.

Is civil disobedience protected by the First Amendment?

Technically, no. Civil disobedience refers to intentionally breaking laws to bring attention to a cause you believe in. It comes with consequences, including the possibility of arrest. For instance, many people have drawn attention to a cause by blocking roads or highways, which is not protected by the First Amendment and often results in protesters being arrested.

Can a university require you to obtain a permit before protesting?

Yes. A private university can require that you obtain a permit prior to protesting and has absolute discretion as to whether or not to grant that permit.

A public university can also require that protests of a certain size obtain a permit before using university spaces, as long as the permitting requirements are reasonable and not simply a way to prevent protests from occurring at all. For instance, the university should not require a permit application to be submitted too far in advance of the planned event. The permitting requirement should apply only to larger protests; this allows smaller group events that present no threat to campus security, safety and the educational process to occur spontaneously. Most important, permits cannot be granted or denied based on the views of the group applying. But they can limit when and where the protests will occur and regulate the overall noise level of the protest.

Can a university limit where you can protest on campus?

Again, yes. And again, a private university can tell you exactly where and when you can protest – or tell you that you can’t protest at all.

On a public university campus, spaces that have traditionally been used for expressive activities or that the university has designated for expression – usually grassy areas that are not directly outside classroom buildings and outdoor spaces where students regularly gather for social and other purposes – are considered “traditional” or “designated” public forums. The university is expected to allow speech and expression to exist in these spaces unless there is a compelling reason to limit them (usually related to campus security, public health and ensuring the educational process is not disrupted). Areas just inside and outside campus buildings are more likely to be considered "limited-purpose public forums" or "nonpublic forums" where the university has greater latitude to restrict speech. If there is any reasonable need to limit speech here, the university can redirect protest activity to the "traditional" and "designated" public forums, as long as it treats all speakers equally and doesn’t engage in viewpoint discrimination.

Can a university limit written expression like posters, signs, flyers, or chalking on sidewalks?

Private universities can absolutely regulate the distribution, display or posting of written protest materials on campus.

In spaces where protests are allowed and occurring on public universities, the display of signs to amplify the protesters’ message can only be restricted if there is some clear danger they present that is unrelated to the sign’s message. For instance, a university could prohibit the use of sticks to hold up the signs to ensure that they are not used as weapons if violence breaks out. But the university cannot prevent signs because it doesn’t like their message. Similarly, in spaces where students regularly engage in expression – the "traditional" and "designated" public forums – the university should allow students to write messages on sidewalks and post in approved spaces.

In other areas – the "limited-purpose" and "nonpublic" forums, which would include class buildings and dorms – the university can enforce greater restrictions. A public university can prevent writing on walls or posting signs in nonapproved places, as long as it treats all messages equally.

Can college presidents call in police to stop protests?

Protesters who engage in conduct or speech that falls outside the First Amendment can be arrested. A protest that has or will result in violence or vandalism or otherwise exceeds the protections of the First Amendment could be shut down entirely.

Can students film law enforcement officers who are called in?

Yes, this is protected by the First Amendment right to freedom of the press. But there are limits. Students cannot interfere with law enforcement officers doing their job but can film from a reasonable distance.

Police move demonstrators back from the grounds of the University of Virginia, where tents are set up, on May 4, 2024. Photo: Associated Press

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Does the First Amendment support the right for counter-protesters to shout down invited speakers?

No. Events with an invited speaker often take place in what is called a “nonpublic forum.” This is a space that has been opened for a particular purpose: to hear an invited speaker. Anyone who disrupts a speaker or event can be removed if necessary to ensure the speaker is heard and that all counter-protesters are treated equally.

Can students disrupt private gatherings, such as a party at a professor’s off-campus home, with their protest messages?

Generally, no. Private homes are just that. A person’s private home is not government or public property. The First Amendment applies only to the latter.

Can a public university remove a graduation speaker because of fears about what they will say?

Not unless the speaker engages in speech that is outside the protection of the First Amendment or the university has a specific belief that the speaker will engage in speech that’s not protected by the First Amendment. Speculative fears are not enough to remove a speaker. Finally, the university should not remove a speaker based solely on fears of how an audience or the public may react. This is known as the heckler’s veto. Of course, a private university can remove a graduation speaker unless state law or its own rules and policies bind it to the First Amendment.

RELATED: Eight controversial commencement speakers throughout history

Can a public university cancel graduation entirely because of fear that the event will be disrupted?

Only as a last resort to avoid violence. Otherwise, the university must do everything it can to provide security necessary to allow the graduation ceremony to go forward and graduation speakers to be heard. Again, this rule would be different at a private university, which could take such action unless state law or its own rules apply First Amendment standards.

A graduate holds his cap with an Israeli flag during the University of Michigan's Commencement Ceremony on May 4, 2024. Photo: Associated Press

Can schools punish students by withholding degrees for legal acts of protest?

No, not if they are legal acts of protest on a public university or at a private university where the First Amendment applies via state law or the university’s own rules.

What protections do journalists have when covering protests?

Freedom of the press protects journalists who are covering protests in public spaces, including those on public university campuses. However, journalists can be removed from private campuses or face being arrested for trespassing. While covering protests, journalists have a right to take photographs, film and record in public spaces.

Where can I learn more about how to stay safe when protesting?

The ACLU and the Human Rights Campaign have information on how protesters — including students protesting on college campuses — can exercise their freedoms safely. For journalists and student journalists, the Reporters Committee for Freedom of the Press and the Student Press Law Center offer resources.

This report is compiled by Freedom Forum’s First Amendment Specialist Kevin Goldberg and draws upon scholarship by Freedom Forum experts.