SURVEY: Most college students don’t know their college’s protest policies

Ahead of what could be another tumultuous year for free expression on college campuses, forthcoming FIRE/College Pulse survey data shows just a fraction of undergrads have a solid understanding of their own campus’s protest policies. 

Conducted near the end of the Israeli-Palestinian campus protests, between May 17 and June 25, 2024, the survey sampled 3,803 undergraduates at 30 four-year colleges and universities in the U.S.

Asked how aware they are of their college’s written speech policies on campus protest, almost half of students surveyed said they are either “not aware at all” (19%) or “not very aware” (29%). Only 19% of students — less than a fifth — responded they are “extremely” (6%) or “very”(13%) aware of the relevant policies. 

But knowledge of these campus policies is more critical than ever, as campus watchers this year saw students both unfairly punished for protected protest and students engaging in unprotected misconduct that violated others’ rights. Students should be aware of their rights and administrators’ expectations surrounding campus expression. To better empower students to use their voices without infringing on the rights of others, colleges must train students on these policies and teach them about the value of free expression.

Students don’t know campus protest rights — or boundaries

Excluding the 19% of respondents who were “not aware at all” of their school’s policies, FIRE asked 3,076 students about their awareness of policies specific to certain protest behavior. We found significant knowledge gaps about the policies regulating protest on campus, many of which implicate behavior seen during campus demonstrations last year.

Colleges can set students up for success and show them their perspectives are valued by informing them early about the norms and responsibilities of a healthy free speech community. 

While many colleges maintain policies surrounding camping, structures, and overnight stays on campus, more than a third of students (36%) were “not sure” whether their school has a policy prohibiting encampments. Many students were unsure whether they can use amplified sound (47%) or engage in a hunger strike (56%) during campus protests. 

And while 82% of students were confident their school has policies against defacing school property, only 62% were aware of policies prohibiting occupying buildings. 

Colleges can fill the knowledge gap

Students who wish to engage in campus protests need to know: While the First Amendment protects a vast amount of even controversial expression, it does not protect misconduct or criminality, like true threats, vandalism or trespassing. They should also understand how First Amendment principles apply — or don’t — on their own campus. 

The 42% of students who said they are unsure whether burning an American flag on campus is allowed, for instance, may know they have a constitutionally protected right to burn a flag on their own property but be unaware that colleges can implement content-neutral policies regulating the time, place, and manner of expressive activities — including by placing restrictions on starting fires on campus.

Informing students about campus speech policies and the consequences of breaking them will help next year’s class make informed decisions about how to express their views. 

In addition to learning what conduct is not allowed, students will learn what is, understanding the myriad ways they can make their voices heard. A notable portion of students were unsure whether their school has rules against handing out fliers or holding a sign (18% and 16%, respectively) — with proper orientation, this won’t be a mystery, meaning students can express themselves with confidence.

Campus encampment bans rarely violate the First Amendment. Here’s why.

News

Does the First Amendment allow public universities to ban students from erecting tents and camping on campus?

Read More

Colleges can go the extra mile by pairing instruction on how to conduct expressive activities on campus with materials explaining why free speech is valuable to the college — and to our nation as a whole. Teaching students the value of constructively engaging in dialogue across difference will encourage them to put that tool to the test when a controversial speaker visits campus or when other students conduct a protest on a divisive topic. This could make that event more productive for everyone and limit unnecessary controversy caused by illiberal or speech-chilling tactics.

Orientation can be an overwhelming time for first-year students as they acclimate to a completely new academic environment and its expectations. Colleges can set students up for success and show them their perspectives are valued by informing them early about the norms and responsibilities of a healthy free speech community. 

FIRE provides free orientation resources for administrators and students who wish to supplement their free speech knowledge. We are also available to consult with administrators about adding or adapting this material for their programming — also free of charge. An early investment in campus speech culture could make a big impact on the coming academic year, which may see as much controversy over expression as the last one.