Protesters who set up encampments and siege buildings must be prosecuted to the fullest extent, both under the law and their institutions’ codes of conduct.
Failure to do so compromises a fundamental commitment of liberal democracy: no one is above the law. Despite ill-founded claims to the contrary, encampments and sieges are not protected by the First Amendment. They are authoritatively regulated under time, place and content-neutral restrictions.
Restrictions on the time, place, and manner of conduct otherwise protected by the First Amendment are permitted under specific conditions: the restriction must be content-neutral, narrowly tailored to serve an important governmental interest, and leave open many alternative channels to communicate the speaker’s speech. message. Encampment bans on college campuses easily meet these criteria.
Bans are content neutral as all are prohibited, regardless of race, gender, religion, or political preference. They are narrowly tailored to serve an important government interest, because ensuring equal access to public space is a clear and consistent government interest (e.g. access to parks, roads, the list goes on). And the restrictions leave many alternative avenues open, as protesters can we are still protesting on campus; they are only prevented from forcibly occupying public space to the exclusion of others.
Imagine another group of “anti-Zionists” physically occupying college campuses, laying siege to buildings and preventing students from attending classes. Maybe these “anti-Zionists” wear white capes and pointed white hats. Should they escape prosecution under the guise of freedom of expression? It would be the same if the besiegers wore yarmulkes and tzitzit. Keffiyehs are not an exemption.
Fanatics of all kinds are the same: they all think the law applies to you and not me. But we are a nation of laws, not of men. When you loot and destroy property, you must be held accountable, even if you believe it advances social justice. When you infiltrate the capital to obstruct the peaceful transfer of power, you must be held accountable, even if you believe the election was stolen. A sincere belief in the righteousness of one’s cause is no excuse. Actions have consequences.
The time has come to reaffirm our commitment to the fundamental principle that no one is above the law. There is no greater force for unity than this. Neither a sincere belief in the righteousness of a cause nor in the popularity of a cause can overcome the urge to do what is right.
Branden Nikka was born and raised in Los Angeles and graduated from USC and UCLA Law School. Branden’s opinions are his own and do not reflect those of his friends, family, or employer.
California Daily Newspapers
