Three leading human rights groups on Thursday responded to U.S. university and college crackdowns on pro-Palestine campus demonstrations by jointly calling on higher education presidents and administrations to respect and protect "the right to protest under the First Amendment and other international human rights law," citing potentially unlawful uses of force.
"Universities are responsible for protecting both physical safety and free expression on campus," Jamil Dakwar, director of the ACLU's Human Rights Program, said in a statement. "It's deeply concerning to see universities needlessly expose students to police violence for peacefully expressing their political opinions. We're urging schools once again to exercise restraint, practice de-escalation, and protect free speech and dissent on campus."
In the open letter, the ACLU, Amnesty International, and Human Rights Watch (HRW) wrote that "we are exploring claims of heavy-handed and excessive responses by some university and college administrators and police following campus protests in support of Palestinian rights. In many cases, peaceful protests were met with use of force by campus police or local law enforcement summoned by university officials."
"Universities have a responsibility to protect academic freedom and the rights to freedom of expression, and to peacefully protest, and we will be watching to ensure they do."
Israel is on trial for genocide at the International Court of Justice over its ongoing assault on the Gaza Strip, launched after the Hamas-led October 7, 2023 attack. As the U.S. Congress and Biden administration have backed the Israeli campaign with billions of dollars in weapons and by blocking United Nations cease-fire resolutions, students and professors at campuses across the United States have gathered to call on their government and educational institutions to divest from the war.
While student demonstrations have occurred over the past year, they escalated last spring, when protesters from Columbia University in New York City to the University of Texas at Austin faced police violence. Meanwhile, Biden and federal lawmakers in both major parties smeared all the protests as antisemitic‚ even as Jewish students have often led the events. After cracking down on anti-genocide actions this spring, New York University even kicked off the current academic year in August with a new policy equating anti-Zionism with antisemitism.
The rights groups wrote that "we have serious concerns about the violent consequences when university officials call in police to quell protests, and the impact on freedoms of expression and peaceful assembly. Based on news reports, student protesters were often met with police in full body armor who used physical force, including batons, kinetic impact projectiles such as rubber bullets and foam-tipped rounds, and chemical irritants such as pepper spray and, in at least three instances, tear gas."
"Media reported witness accounts of injuries such as bleeding puncture wounds, head injuries, broken teeth, and suspected broken bones, most notably at the University of California Los Angeles, Columbia University, and the City College of New York, among others," the coalition highlighted.
The groups noted that "criticism of summoning law enforcement to disperse protests has been widespread, including from the Inter-American Commission on Human Rights and the United Nations high commissioner for human rights, and a number of U.N. human rights experts, including the U.N. special rapporteur on the right to education."
"While privately owned universities do not have the same obligations as state-owned universities, all universities have a responsibility to respect human rights," they explained. "Though not bound by the First Amendment, private universities are bound by their policy commitments to freedom of expression and academic freedom."
Tanya Greene, director of the U.S. program at HRW, stressed that "instead of resorting to police action that both shuts down free speech and heightens the risk of injuries, universities need to do more to protect student speech from violence and intimidation, and actively ensure that peaceful student expression continues without interference."
Amnesty International USA researcher Justin Mazzola said that "the information we have gathered on excessive use of force against student protesters is extremely worrisome and we are still in the beginning of our investigation."
"With the continuation of the Israeli military's assault on Gaza and the risk of U.S. complicity through the sending of weapons, campus protests in favor of stopping the violence and destruction will continue," Mazzola added. "Universities have a responsibility to protect academic freedom and the rights to freedom of expression, and to peacefully protest, and we will be watching to ensure they do."
The rights groups' letter and remarks came after a federal judge in Austin determined on Monday that pro-Palestinian student groups can sue multiple Texas universities' presidents and board members for alleged discrimination and First Amendment violations.
The judge's decision is "a major win for anti-genocide protestors across the country," said the Council for Islamic American Relations (CAIR), which is representing plaintiffs in Texas.
"The court's ruling confirms what we already knew," said Gadeir Abbas, a national deputy litigation director at CAIR. "The government cannot make special rules insulating Israel from criticism, and pretending those rules are about antisemitism does not save them from constitutional scrutiny."
