University of Dayton: Campus Police Retaliate Against Students for Criticism

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Case Overview

On September 2, 2023, University of Dayton police officers investigating reports of a crime on an off-campus street heard students shouting criticism at them from a nearby house, including that the officers had too many cars on the block. Even though the shouters were students in their own home and police had already detained the suspect, two sergeants went to the students’ door then launched an investigation into them, referring them to the university for discipline. FIRE wrote UD on August 14, explaining that its officers, who were vested with state power during the incident, must protect First Amendment freedoms and may not launch investigations into protected conduct, which includes criticism levied at them. We also urged UD to uphold its free speech promises and refrain from punishing the students for their expression and any offenses discovered as a result of the officers’ unlawful investigation.

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