First Amendment professor breaks down rights of protesters

COLUMBUS, Ohio (WCMH) – First Amendment rights are under a microscope after Ohio State University police arrested two students Tuesday, detained three more Thursday morning, then arrested three dozen pro-Palestine protesters Thursday night.

“The First Amendment rules apply to state and federal governments. The Ohio State University is a state university and therefore is subject to the First Amendment,” explained Constitutional law professor Dan Kobil of Capital University.

Kobil has taught “Con Law” at Capital for 37 years.

“Most speech is protected. So, does it matter if someone is saying Palestine should be destroyed or Israel should be destroyed? That kind of speech is protected by the First Amendment as long as someone is not advocating imminent, unlawful conduct,” he explained of how the First Amendment applies to protests.

He added, “Speech that angers people is typically protected. Speech that is going to directly harm another physically is not.”

Thursday night’s protest was peaceful in nature and according to Kobil’s assessment did not violate the First Amendment based off of what was being said by protesters.

However, there are restrictions of “time, place, and manner” that may require or allow for a governing body like Ohio State University to intervene.

“A time place or manner restriction says you can only speak within certain hours. It means that you can only speak within certain areas or it means you can only speak in a certain way, a certain. You can’t use a bullhorn. That would be a manner restriction,” Kobil explained.

Thursday’s arrests were made by university police alongside Ohio State Highway Patrol on the basis of “criminal trespass.” The Ohio State “university space” rules allow for police intervention when those rules are being broken. The rules do not allow “encampment” on school grounds. The protesters Thursday night had set up at least five tents and were planning to remain on the grounds until “mass arrests” forced them off, according to one protester.

“If this is an even-handed policy that would be described typically in the courts as something that’s called reasonably a ‘time, place, and manner’ restriction,” explained Kobil.

“When the university says we’re not going to allow you to camp out overnight, that would seem to be a regulation of conduct. Unless they have allowed others to do it with whom they agree,” Kobil added.

Protesters Thursday evening formed a circle around the “encampment” and locked arms in an attempt to prevent the police from gaining entry. Protesters also gave instructions to the crowd to “surround police arresting someone and lock arms so they must let them free. “That’s when the arrests became forceful.

Kobil explained. “They have a duty to obey a lawful order, orders of police officers and not to interfere with them doing their job.”

NBC4 reached out to the ACLU of Ohio for an interview in regard to the First Amendment rights of protesters and the actions of Ohio State University police. They sent a statement that reads:

“Institutions of higher learning – whether public or private – ought to be strong defenders of free speech. It is incumbent on the OSU administration to ensure that its students’ First Amendment free speech rights are zealously protected on campus. Universities have a long-standing tradition of student advocacy, where viewpoints are tested, and debate is encouraged.”

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