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Enabling or Oppressing Free Speech? How a school deals with student protests

Say there was a problem at your school and you wanted to stage a protest.

You’d gather up a group of like-minded classmates, meet in study hall or after school, and make plans for getting your message out there – deciding what to say, and how best to say it.

Now imagine there’s a kid in your group who keeps suggesting a safer approach, refraining from doing anything extreme. This kid wants your group to remain quiet and peaceful. Then imagine it turned out that the kid was working for the school administration, and was planted in your group to keep tabs on student protests.

How would you react?

Perhaps you’d scream “narc”; maybe the kid would get hassled. Most likely, you’d feel cheated, and wonder if your free speech rights were being violated or suppressed.

But were they?

This situation actually happened at the University of California, Davis, where a school policy on protests has drawn heat from the student body, as well as the American Civil Liberties Union (ACLU).

Following state budget cuts in 2009, University of California campuses across the state raised tuition by 32 percent. This sparked a series of protests that year, including one at UC Davis, where 53 students were arrested.

The administration says it started its Student Activism Team – the kids covertly planted in student groups – to keep other protests from getting out of control. When a police scene is created, officials told the Sacramento Bee, the message of the students is lost in the hubbub. As the Bee put it, the school’s goal with the team is “to make it safer – not harder – for students to exercise their First Amendment rights.”

“Our premise is that if we have a presence, there is less cause for police action,” Assistant Vice Chancellor Griselda Castro told the newspaper.

In the 1969 case Tinker v. Des Moines Independent Community School District, an Iowa school district removed students from class for wearing black armbands to protest the Vietnam War. Lawyers for the school argued that officials were afraid the students’ silent protest might lead to a disruption. But the Supreme Court ruled that a school cannot take action to suppress symbolic speech unless it would substantially disrupt the school or violate the rights of other students. Fear of disruption is not enough to censor speech, the court said.
One member of the Student Activism Team, Jeff Austin, told the Bee that the group does not interfere with or disrupt the activities of protest group, but instead tries to point them in a direction that keeps them safe – physically and legally. He gave an example of one group that wanted to make a statement by taking over a dormitory; the undercover team member suggested that this might get protesters in legal trouble, so the group staged its protest elsewhere.

“We’re not spying, we’re not taking names,” Austin told the Bee. “We’re just trying to make sure [the students] stay safe.”

But students don’t necessarily appreciate the school’s effort.

This week, students took to campus to protest the protest-watchers. On one level, they say, the teams are seen as a violation of students’ First Amendment freedoms. On another, they erode students’ trust.

Eric Lee, a student leading the movement, told the Bee, “When the administration tells us over and over that they are in support of us, and then they turn around and show us this mistrust by infiltrating our peaceful student organizations, it sends a very contradictory message.”

The Woodland Daily Democrat interviewed another UC Davis student, Sarah Augusto, who said, “I personally was really upset by the fact that a lot of the team members are in Financial Aid and Student Housing.” In other words, they’re people who work “in a place of trust” doing what protesters say is an untrustworthy act.

The Democrat also spoke with Dan Berman, a retired professor active with the local ACLU, which has called for the school to disband the Student Activism Team. He says the group creates “a chilling effect”; students might be less willing to speak their mind or get involved in social change if they feel they are being watched. This is doubly perplexing, Berman said, since college is supposed to be a place that encourages civic engagement, not discourages it.

“You don’t go to university to learn a trade,” Berman said. “You go to university to learn how to think, how to be a citizen.”

What do you think?

Do you think UC Davis’ Student Activism Team suppresses free speech? Or do you think the team is encouraging it by steering the students in safe directions? If the team weren’t there, would the students’ message be lost in any police action? Does the team discourage or encourage civic action? If you were involved in a protest group and found out you were being monitored, how would you react? Join the discussion!
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Comments
5/24/2011
Irving/Texas
Christian Castillo
Bradley/Nimitz
I don't believe that the Student Activism team suppresses free speech. The team is intended to make protesting safer for protesters. If a violent protest plan were to arise, the team would aid in recommending a more peaceful protest that would not cause the local authorities presence to be needed. They're not forcing anyone to do anything. They're simply being cautious and safe. If I were in a protest and discovered someone monitoring us I would take their ideas into consideration and try to anticipate the effect of each plan.

5/24/2011
Irving/TX
Stephanie S.
Bradley/Nimitz
Freedom of speech is to be heard and people around you can see your point of view and understand what you are trying to say and this means having people with you or against you. I don't think that the UC Davis’ Student Activism Team suppresses free speech they are just doing what they think its better for their cause. And after all they have a reason to act since the school was telling them something and doing other totally different thing!

5/24/2011
Irving/ TX
Demi S
Bradley/ Nimitz High School
In my opinion, the UC Davis Student Activism Team does not suppress free speech, but it does indeed alter it. I view speech within a group as each individual being able to freely express their opinion on a matter, their solution to solve it, then all combining to come to a consensus on a matter and solution to act upon. The “spy” student also has a right to express his/ her opinion on the matter and sure it may indeed hinder the original plan, but if it does wouldn't you think the group wasn't as passionate about their decision to begin with? I don't think the Student Activism Team is necessary and I completely understand why students feel their right is being violated, but I don't believe its doing any harm besides causing tensions within each group.

5/23/2011
Irving/ Tx
LaTisha V.
Bradley/ Nimitz
Enter your commThis is ridiculous. Why would students keep their peers from protesting the only way they would be heard. This “team” of students preventing others to protest is just crazy. They are not steering other students in the right way, they are trying to prevent the protest. If the “team” had not been there, I doubt that legal procedures would have taken place. This “team” is discouraging their fellow mates to protest. If I had one of these team members involved in a group with me, I would be pissed.ent here

5/23/2011
Piqua
Adrian
Coach Ouhl
This whole situation should never have happened. it is completely unconstitutional due to violation of the first ammendment obviously. Not only do students have the right to protest, but EVERYBODY DOES!!!!! Folow the constitution ya dummy. lolz

5/13/2011
Irving, TX
Baldemar Martinez
Bradley/Nimitz
The debate for freedom of speech has heated up in many years but just as adults, teenagers have equal rights by the constitution to protest. It is not polite to give a similarity to say that younger people should not have this right, but the young should have a level of morality of what they say. Freedom of speech is also a very important right to American citizen, and by depriving abuse can and will continue to go unnoticed and the young will suffer just as in the 19hundreds. It is mysterious that a collage would worry for the safety of their students who are having a peaceful protest that are many times legal? Mysteriously some collage campuses send police enforcement to interrupt legal protests.

5/12/2011
Irving, TX
Andrea C
Bradley/Nimitz
In a way, I believe that having a Student Activism Team does suppress freedom of speech. I know that there are instances when protests and rallies can get out of hand, but these are young adults and should be treated as such. Meaning they have the right to state their claim. When you have students “planted” among the group who are reporting back to administrators- things can get ugly. A conflict within the student body can form. Sure they say they are there purely for safety, but I think it creates a negative atmosphere when you feel as if your every move is being watched or recorded and then sent back to higher-level authorities. Honestly I feel this endeavor discourages students' civic action. If you want college students to mature and become well-behaved citizens one day don't start taking their privileges early.

5/9/2011
Irving/TX
Mirna L.
Bradley/Nimitz
In my opinion, the Student Activism Team in UC Davis does not necessarily suppress the student's free speech. I don't think it encourages free speech, but mostly it just keeps protests from going wrong. I can see why students would get angry though, but I don't think their free speech rights are being violated. If the University has a history of student protests going wrong or being violent, then they are doing the right thing by encouraging students to organize peaceful protests. They aren't really “spies” though, because they don't take down names and turn anyone in, they just give the group their opinion.

5/2/2011
Irving/TX
Jennifer
Bradley/Nimitz
The Student Activism Team from UC Davis does not, in my opinion, suppress free speech. However, I don't believe that they encourage it either. The need for such a team makes sense – college students, like high school students, are likely to not think before they act, which can lead to either physical and legal harm if they are angry or passionate enough about an issue. However, by planting these “spies” within their protest groups, UC Davis is not allowing their students the comfort of expressing themselves freely. If they are constantly worrying about whether their comments will be analyzed and their motives scrutinized, they are going to be less willing to say what is really on their minds.

4/30/2011
Irving/Tx
Richard L
Bradley/Nimitz
I do not see how UC Davis’ Student Activism Team is suppressing freedom of speech because they are letting the students to protect just invading their privacy. We do not know how peaceful the protest will be because college students are arrogant and insipid, so the school sent spies to watch over them, nothing wrong with keeping people safe. However, Dan Berman is right that these “spies” will discourage people to be involved in civic actions because they will feel that their privacy is being invaded. If I was in a protest group and found out I was being monitored, I’ll feel betrayed, but I’ll also feel safe because the protest won’t get out of hand.

4/29/2011
Philadelphia, PA
Anit G
Mr.Frank/ Northeast High school
I don't think the administration did anything wrong, they were just looking out for the students. Sure all of us have the right to speak out but sometimes things get a out of hand. By the administration puting those other students in the activist group was them taking a safer approch. Nobody wants to take a simple matter and turn into a riot. Even though some may believe it was invading their privacy, the student working for the administration was giving them good adviise and how to aprroch the situation. It effects our freedom of speech but it was for the common good.

4/27/2011
sidney, MT
Landon
Brad Faulhaber/SHS
i believe that planting Student Activism Team members in protesting groups surpresses the protesters' right to free speech and petition, and it's also offensive to secretly plant members in groups of students and breach their trust.

4/15/2011
Schuylerville
Colin
Winter
I think that anything that limits our constitutional rights is not correct. It is one of our constitutional rights for the right to protest peacefully, with peacefully being the emphasized word. I agree with the school, for as long as the students who are planted are not taking names and reporting back to the administration, it seems like it is a whole hearted attempt to keep students safe. I do think it is a slight invasion of privacy, but how much is it truly hurting? Any idea that the students who are interested in protesting have, if they claim it’s peaceful, should not have a problem with the administration knowing. Isn’t that the point of protesting? And nate sweet you're wrong.

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