Did Outraged Pro-Palestine Protesters at UNH Just Guarantee Speech Protections for Opinions They Hate?

by
Steve MacDonald

It tickles me to no end when I see students radicalized by woke teachers and professors, getty uppity about the Biden regime. Even in New Hampshire, where we’ve not seen the vitriol and violence from which years of progressive inculcation stems, they came out to shout some slogans and demand things.

Joe is, after all, Pretending to be the President. His staff and the folks running his government and pushing for war funding for places like Israel are all Democrats who came up the same way – radicalized in schools and Universities. It amuses me when their creations turn on them.

Calling for “intifada” and denouncing the American flag as “that dirty rag” and “this Nazi flag,” a small but vocal group gathered on Thompson Hall Lawn at the University of New Hampshire Thursday to join the wave of anti-Israel protests across college campuses.

If you spent a lot of money on the education of these students, you should request a refund—public school, college, all of it. They are demanding a cease-fire and a violent rebellion—the end of hostilities by Israel and the rise of hostility by Arabs in Gaza. But let’s not get mired down by the mangles intentions of pro-peace students. Don’t forget to ask for that refund. We’re here to discuss the timing. NH House Bull 1305 (HB1305) has passed the House and is in the Senate. It would secure Free Speech Rights in public spaces on college campuses by preventing the college or university “from discriminating against any religious, political, or ideological student organizations, even if the organization requires members to adhere to its beliefs, standards of conduct, or mission.”

188-J:3  Freedom of Association and Nondiscrimination Against Students and Student Organizations.  No public institution of higher education shall deny a religious, political, or ideological student organization any benefit or privilege available to any other student organization, or otherwise discriminate against such an organization, based on the expression of the organization, including any requirement that the leaders or members of such organization:

I.  Affirm and adhere to the organization’s sincerely held beliefs;

II.  Comply with the organization’s standards of conduct; or

III.  Further the organization’s mission or purpose, as defined by the student organization.

I’m already on the record defending peaceful pro-Palestinian protests. I’m pro-any-peaceful protest. So the local peaceful protests could not have come at a better time. The Senate is going to move this legislation forward, and under the circumstances, it would be awkward for anyone, regardless of party, to protest. And HB1305 is not a toothless gesture.

188-J:4  Remedies.  Any person or student organization aggrieved by a violation of this chapter may bring an action against the public institution of higher education and its employees acting in their official capacities, responsible for the violation and seek appropriate relief, including, but not limited to, injunctive relief, monetary damages, reasonable attorneys’ fees and court costs.  Damages awarded in an action brought under this chapter in 2025 shall not exceed $20,000, provided that the cap shall be annually adjusted thereafter based on the percentage change in the Consumer Price Index for All Urban Consumers, Northeast Region as published by the United States Department of Labor.  Any person or student organization aggrieved by a violation of this chapter may assert such violation as a defense or counter claim in any disciplinary action or in any civil or administrative proceedings brought against such student or student organization.  Nothing in this section shall be interpreted to limit any other remedies available to any person or student organization.

Students radicalized by woke teachers and professors, and their woke professors and administrators, may not realize precisely what this means. One of the many tactics used by the Left to silence opposing opinions or debates, even on campuses where speech is “protected” on paper, is to create a security situation—the threat of violence or unrest—administrators who demand exorbitant sums for security that make the “speech” impossible.

Denying the “speech” equal access under HB1305 can or will get them sued. It includes the school, professors who agitate to stop the speech, and even individuals actively preventing it.

HB1305 does not permit the narrow limitations recognized under law by the courts.

IV.  Nothing in this section shall be interpreted as preventing public institutions of higher education from prohibiting, limiting, or restricting behavior, conduct, or expression that:

(a)  Violates any law and could be subject to criminal action.

(b)  Is unprotected by the free speech provisions of the United States and New Hampshire constitutions, including but not limited to true threats and expression directed to provoke imminent lawless actions.

I don’t think peo-Palestinian protested calling for Intifada classifies as provoking violence or lawless action, but again, the likelihood of those radicalized students and professors exercising expression on (say) social media to organize opposition or a counter-protest to speech protected by HB1305 to which they object, could become evidence of a violation of the law if the counter-protest or action succeeded is stopping the expression.

That’s a hint.

So, here’s to peaceful protests, good timing, and HB1305.

 

Author

  • Steve MacDonald

    Steve is a long-time New Hampshire resident, blogger, and a member of the Board of directors of The 603 Alliance. He is the owner of Grok Media LLC and the Managing Editor of GraniteGrok.com, a former board member of the Republican Liberty Caucus of New Hampshire, and a past contributor to the Franklin Center for Public Policy.

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