University Police watch the crowd of protesters outside the Archie M. Griffin Grand Ballroom on Jan. 20 as another officer speaks to the crowd. Credit: Daniel Bush | Campus Photo Editor
As protests continue on campus, Ohio State students are being urged to follow legal guidelines from Moritz College of Law to understand their rights and reduce the risk of arrest.
So far, four protests have taken place on campus this semester. The majority focused on the U.S. Immigration and Customs Enforcement increasing its crackdown on immigration and one condemned Ohio State’s refusal of removing Les Wexner’s name on campus.
At one protest in January, two students were arrested at a demonstration opposing the U.S. Customs and Border Protection’s presence at the College of Arts and Sciences Career Fair, per prior Lantern reporting.
Courtlyn Roser-Jones, a Constitutional law professor, said for students to be mindful of content-neutral laws while on campus, which means that time, place and manner restrictions prohibit protests in certain contexts.
“The First Amendment, generally speaking, will not protect you from certain kinds of conduct that are unlawful. So blocking roads, blocking building entrances, trespassing, that stuff is not protected in the First Amendment’s big umbrella of speech,” Roser-Jones said.
People at anti-ICE protests can take certain precautions if they are concerned ICE officers will arrest them.
Emily Brown, an immigration lawyer, advised people who could be racially targeted for ICE arrests to stay off the frontlines at protests to avoid possible confrontation.
“There are levels of risk to any kind of activism or protest, and I think it’s important for people to assess their own personal level of risk,” Brown said. “I am a U.S. citizen, and I’m white. I’m not likely to be racially profiled. I may be willing to take on a certain level of risk that someone else may not.”
Brown added that ICE officers are able to view previous arrests and charge a person based on public court records. She recommended having legal observers on the site of protests to be witnesses in the event of conflict.
With these considerations in mind, Roser-Jones said that all demonstrators should not be deterred from expressing their Constitutional rights.
“If someone tells you that you have to leave, I think it’s really important to know what your rights are and that you say ‘No, this is my First Amendment right to protest peacefully,’” Roser-Jones said. “Make sure that you not only get your message out there but protect your right to get a message out there.”
Student Legal Services’ website also offers tips on conduct during protests, which includes advice on arranging demonstrations and guidelines on how to handle arrests from a legal standpoint.
“I think it’s really inspiring when people exercise their right to protest and know their rights,” Brown said. “When there’s big issues going on in society, students are often at the forefront of protesting injustice, so I think these days with ICE, student activism is necessary and important.”
