University of Missouri Police Department Responds (Badly)
As this controversy continued generating headlines, this morning Mizzou’s Police Department emailed the campus community asking students to report incidents of “hurtful speech” and warning the campus community that the university’s Office of Student Conduct can take “disciplinary action” against students for such expression. This is a blatant misstatement of the First Amendment. As a public university, Mizzou cannot punish speech simply because it’s hurtful to others.
FIRE supports students’ right to protest. We’re encouraged to see that Mizzou’s administration appears to have respected the protesters’ rights thus far. It’s troubling to think what could have happened to protesters if they were not protected by the CAFE Act, which requires Mizzou to allow protest on campus public spaces. What FIRE cannot support, however, is the use of force by protesters against student journalists and the police department’s claims that a university can punish hurtful speech. Protest, counterprotest, and media coverage of both are protected by the First Amendment, and it’s important that every member of the Mizzou campus community remembers that.
Fortunately, it appears that Concerned Student 1950 protesters have received that message. Today, a student representative told a journalist that they are attempting to change their relationship with the press, saying “we’re students, we’re learning as we go along.” Members also appear to be handing out flyers explaining that the incident with the press was a “teachable moment,” and acknowledging that the press has a right to cover the protest. Assuming this apparent change of heart is reflected in the protesters’ actions going forward, the next critical step is for the University of Missouri police and administration to disavow any intention to punish people for protected expression, as threatened in the police department’s email. Free expression at Mizzou will not be safe until they do.
