Free Speech

Eugene Volokh | 11.11.2024 6:03 PM

From last week's decision by trial court judge Nicholas Moyne in Columbia Students for Justice in Palestine v. Trustees of Columbia Univ.:

After reviewing the record, the Court finds that Columbia University's decision to temporarily suspend the petitioners from their status as recognized student groups was neither arbitrary or capricious, irrational or in violation of clearly established University policies. Accordingly, the petition is denied and the cross-motion to dismiss the petition is granted.

All students and student groups at Columbia are subject to and required to comply with Columbia's Special Events Policies which govern, inter alia, when, where and how events on campus, including protests and demonstrations, may be held and what notice needs to be given to university officials prior to the commencement of any student group events, demonstrations or protests. Following the horrific events of October 7 and the intense divisions and controversies that occurred in their aftermath, Colombia University amended its policies because, in its words, the "University has an obligation to ensure that all members of our community can participate in their academic pursuits without fear for their safety."

The Special Events Policies has previously required that only recognized student groups can organize events and that they must work with administrators in advance to reserve space and secure approval for campus events. After October 7, changes were made to the policies concerning the consequences of non-compliance. For example, a new provision was added to the University Event Policy on October 24, 2023 to provide that........

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