Over the summer, the University updated an existing policy restricting public demonstrations such as protests to designated areas during Finals Weekend, including Valedictory and Final Exercises. The policy is intended to ensure free expressive activity has a “reasonable time, manner and place.” While the restrictions may be intended to ensure Finals Weekend runs smoothly, they go too far in limiting student speech.
Reasonable time, manner and place restrictions make sense in certain situations. But protests at Finals Weekend could leave a positive impact on the University. Moreover, the policy denies students a forum at one of the most public events of the academic year — according to John Whitehead, a constitutional attorney and president of Charlottesville’s Rutherford Institute, the Finals Weekend regulations “pose a threat to basic First Amendment freedoms.” Limitations on free speech during Finals Weekend open the gates for free speech restrictions during other events. Furthermore, while the administration aims to “avoid disruption of University operations,” it must recognize that protests are, by nature, disruptive.
Since the policy pertains to an invitation-only event, only those invited to graduation — students and their guests — would be able to protest, which means they would likely protest about something that matters.
While graduation is typically a time of celebration, there are circumstances in which students may wish to use the occasion to further a meaningful message. Had President Teresa Sullivan’s ouster occurred closer to graduation, students certainly may have felt the need to protest the removal during the weekend’s ceremonies.
If push came to shove and the University ever had to enforce this policy, it could prove to be a public relations nightmare for the administration. Hypothetically, if Sullivan’s ouster had happened during Finals Weekend, how could the University reasonably shut down student protests? It’s hard to imagine how the optics of such a situation could possibly be good.
The lack of widespread student response regarding the policy is disconcerting. Peaceful and disruptive protest on the Lawn, particularly during the Vietnam War era, has a rich history on Grounds which students value and should not be treated as disposable. Finals Weekend should be no exception.
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