Almost a year after protests occurred on college campuses nationwide, Columbia University, which experienced significant student demonstrations, has initiated investigations.
Columbia’s Office of Institutional Equity is reportedly issuing notices to students for actions like writing opinion pieces, participating in art exhibits related to campus encampments, and sharing political views on social media, according to the Associated Press.
While these investigations are within the university’s rights, as the First Amendment only restricts government actions, some experts are questioning their appropriateness.
Nadine Strossen, a professor at New York Law School, stated that while private institutions like Columbia are not legally bound by the First Amendment, the university should still uphold its principles.
These investigations coincide with federal actions against student protesters, especially those critical of Israel. The Trump Administration recently announced the withdrawal of over $400 million in federal grants to Columbia, citing the university’s inadequate response to antisemitism.
Strossen suggests that Columbia’s actions may be a result of pressure from the federal government, which could be interpreted as a governmental infringement on free speech.
Following a surge of pro-Palestinian demonstrations last year, several university presidents were summoned to testify before Congress about antisemitism on campus. President Donald Trump then signed an Executive Order addressing “anti-Semitic harassment in schools and on university and college campuses.” Palestine Legal criticized the directive as a “McCarthyite crackdown” intended to create fear and suppress pro-Palestinian speech, potentially chilling critical views of Israel and support for Palestinian rights.
Despite the investigations, student activists remain active. Pro-Palestinian protests occurred at Columbia and Barnard College on Thursday, following the arrest of nine individuals the previous day during the dismantling of a campus encampment by local police.
The First Amendment protects speech unless it constitutes bullying or harassment targeting specific individuals or groups. Strossen argues that holding up a poster or sharing social media posts does not meet this threshold for unprotected speech.
A Columbia representative informed TIME that the university refrains from commenting on specific cases or ongoing investigations.
A report from Columbia’s task force on antisemitism in August 2024 found that Jewish and Israeli individuals at Columbia often faced ostracism and humiliation. The report defined antisemitism to include calls for divestment from Israel and exclusion based on perceived connections to Israel.
Columbia’s free speech policy affirms the right of students, staff, and others to protest and express themselves freely on campus. Strossen also notes that over 100 higher education institutions have formally endorsed the “Chicago Statement,” a policy supporting free speech. Last September, Columbia introduced a new policy addressing discrimination and harassment, stating that speech about a country’s policies or practices that includes discriminatory comments about people from or associated with that country may be considered Discriminatory Harassment.
The “Chicago Statement” clarifies that while the freedom to debate ideas is essential, individuals cannot say anything they want, anywhere they want. The University can restrict expression that breaks the law, is defamatory, or constitutes a genuine threat or harassment. However, these restrictions should be narrow and consistent with the University’s dedication to open discussion.
Strossen argues that the mere act of investigating students can be intimidating, even if they are not ultimately penalized. This intimidation can discourage individuals from expressing similar views, creating a chilling effect beyond those directly investigated.
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