this post was submitted on 28 Apr 2024
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Maryam Alwan figured the worst was over after New York City police in riot gear arrested her and other protesters on the Columbia University campus, loaded them onto buses and held them in custody for hours.

But the next evening, the college junior received an email from the university. Alwan and other students were being suspended after their arrests at the “ Gaza Solidarity Encampment,” a tactic colleges across the country have deployed to calm growing campus protests against the Israel-Hamas war.

The students’ plight has become a central part of protests, with students and a growing number of faculty demanding their amnesty. At issue is whether universities and law enforcement will clear the charges and withhold other consequences, or whether the suspensions and legal records will follow students into their adult lives.

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[–] [email protected] 87 points 6 months ago (1 children)

Holy shit the faculty against this need to strike immediately in solidarity. What the fuck sort of dystopia are we in that students are arrested and suspended for protesting? For protesting genocide? What the actual fuck.

[–] [email protected] 49 points 6 months ago* (last edited 6 months ago)

Google called the police on and fired anyone remotely involved with the quiet sit-in in protest of Project Nimbus. No investigation, no finesse, nothing. Just straight up intimidation.

[–] [email protected] 74 points 6 months ago (12 children)

Do we not have the right to protest? I fail to understand on what grounds they're being arrested.

[–] [email protected] 53 points 6 months ago (6 children)

That's correct, you do not. Like ALL "rights" in the USA, there is another law waiting in the shadows that completely contradicts it or makes it so that it's not possible without it being illegal.

You can protest. But only with permits on public and private land, without trespassing, obeying all police orders even if those are themselves illegal, blah blah blah.

The sooner Americans realize all their freedoms do not exist in reality the sooner something can be done to fix it.

[–] [email protected] 28 points 6 months ago (2 children)

A protest with a permit is just a parade

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[–] [email protected] 4 points 6 months ago* (last edited 6 months ago)

Too many people worship the law as if it was the word of god. They don’t realize we are actually making this shit up as we go, and the laws can be changed at any moment.

"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants"

Thomas “I fucked Sally Hemings” Jefferson

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[–] [email protected] 28 points 6 months ago (1 children)

There are so many felonies in this country you basically commit a few every day by accident.

[–] [email protected] 8 points 6 months ago (1 children)

Not for doubt, but because I can't think of any, can you give examples? Were you just hyperbolizing?

[–] [email protected] 4 points 6 months ago (2 children)

You can look it up, the federal code has over 5,200 crimes and that was over 2 years ago last I could find that someone counted. The average person unwittingly commits over 2 felonies a day.

[–] [email protected] 8 points 6 months ago (1 children)

What are some of the every day felonies? Where are you getting the two a day stat?

[–] [email protected] 5 points 6 months ago

Small accounting errors, felony. Putting your pills into a reminder box and traveling accross straight line, felony. Accidentally drive an ATV or dirt bike onto unmarked federal land, felony. Delete CP of a used laptop, felony.

The fact of the matter is any felony that is common to commit, are kind of boring. The federal code is so long and complex that you can find thousands of cases of people being unexpectedly tried for odd felonies. The federal code has become so cumbersome that no one actually knows the law until you're in a court room with a bunch of lawyers paid to research that specific law.

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[–] [email protected] 18 points 6 months ago (11 children)

Trespassing. You have the right to assembly, but that doesn't extend to anywhere, any time.

These protestors could protest on the sidewalk, or get a permit and do a planned protest in a public park, or even work with the city to close roads for a planned march. As long as they kept it peaceful, police would have very little justification to arrest anyone.

Instead, they are doing it on college campuses, or public roads without permission. And when they are told to leave, they refuse. At that point, you are trespassing, and the police are justified in arresting you.

Civil disobedience grabs far more attention than protesting legally. We're here talking about their cause because it made headlines due to civil disobedience. But activism has its costs.

[–] [email protected] 29 points 6 months ago

Most of these protests are being done in zones designated by the university for protest. They are supposed to be allowed to protest there, as long as it doesn't disrupt people getting to class and such.

[–] [email protected] 13 points 6 months ago (2 children)

Is it tresspassing, though? Not trying to argue with you, to be clear. They're students paying tuition and housing fees. I guess I could see that arguement if they weren't students. Though I agree, civil disobedience and disrupting the status quo is the only way to get people to take notice and do anything.

[–] [email protected] 3 points 6 months ago (1 children)

Unless it's your place of residence, you are always trespassing if the owner (or employees acting on the owners behalf) tells you to leave.

Paying tuition doesn't give you unfettered access to the school.

[–] [email protected] 12 points 6 months ago* (last edited 6 months ago) (4 children)

Freedom of assembly and speech apply to public schools since 55 years ago from the Tinker descion.

[–] [email protected] 6 points 6 months ago

Public school rules don’t generally apply to universities. Though there is a constitutional right present due to most schools being government or quasi-government actors and college campuses being traditional public forums (again, very generally), the exercise of some rights are more broadly interpreted while other are more narrowly interpreted.

[–] [email protected] 4 points 6 months ago* (last edited 6 months ago) (2 children)

Are the colleges these protesters being arrested from public schools, or private universities? As far as I was aware, most colleges/universities are private. Community colleges are public.

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[–] [email protected] 6 points 6 months ago (1 children)

Justified is the wrong word.

[–] [email protected] 5 points 6 months ago (1 children)

No, it is not. It is the accurate term describing the legal justification that the police need to legally remove the protestors from the premises.

So many of the replies around this topic live in the clouds. There's a reason protestors are being forcibly removed. People should understand the nuances of free speech and freedom of assembly. Choosing to disobey is taking on risk to your well-being.

These are facts. This is not commentary on whether the protestors are "right" or "wrong". But we should all know the risks they are taking for doing so, and understand when the universities and police are actually overstepping their authority.

[–] [email protected] 7 points 6 months ago (1 children)

You’re replying to people who can’t believe the injustice of these laws by explaining that the laws are legal. No consensus will be reached; these are two completely different perspectives. Personally, I think laws, being a made up construct, should generally promote positive behavior like stopping genocide, so I easily side with the protesters and commenters here expressing indignation alongside them.

The legality argument also ignores the police tradition of breaking the law while shutting down protests just because they can get away with it.

[–] [email protected] 5 points 6 months ago

The legality argument also ignores the police tradition of breaking the law while shutting down protests just because they can get away with it.

And that's precisely why it is so important to keep the legality of specific actions in mind while evaluating the actions of both the protestors, and the police, while having the conversation on protests and the responses such as these.

This conversation is the result of a direct reply to yet another comment indicating a lack of understanding of what is legal when protesting in the USA.

The morality of both the protestors and the authorities is far more subjective. But I keep seeing the same basic question "I thought it was legal to protest in the USA, how can they arrest them?", so clarifying the boundaries of your rights is a good starting point, IMO. And frankly, bears repeating due to how frequently this is misunderstood and misrepresented.

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[–] [email protected] 3 points 6 months ago

It’s a tactic to break the protest, scare the protesters into compliance. Arrest them all, haul them off to jail. Ruin their futures. Then drop charges since they do have the right to protest, but now they won’t anymore

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[–] [email protected] 47 points 6 months ago* (last edited 6 months ago) (5 children)

If they’re unable to get a sealed record at trial, they will be required to disclose all charges leading to conviction on any employment or housing application they complete. It’s horribly prejudicial of our system to allow the assumption that those with convictions are unworthy of employment or housing.

[–] [email protected] 29 points 6 months ago (1 children)

System working as intended. All of this was intended to keep minorities (most black ppl) in a perpetual state of incarceration. Only now the groups deemed undesirable have expanded. We could've fixed it decades ago but the majority of this country (white ppl) were fine with it because it didn't affect them.

The epitome of its not my problem until it is

[–] [email protected] 18 points 6 months ago (3 children)

Step 1: keep slavery as punishment for crime.

Step 2: criminalize everything, overpolice black people.

Land of the free.

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[–] [email protected] 9 points 6 months ago (1 children)

Bernie Sanders was arrested at protests in his youth, iirc. If there is any glimmer of hope in this shit storm, maybe in forty years a few of these students will be leading s political movement together as senators and representatives.

[–] [email protected] 7 points 6 months ago* (last edited 6 months ago) (8 children)

It’s restrictive to working in the private sector and renting an apartment. There is no disqualification for criminal background for a member of government. Trump can be elected if he’s convicted of any or all of the charges he’s facing. He’d just be barred from voting in the election.

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[–] [email protected] 43 points 6 months ago (2 children)

So listen, I'm not pro Hamas. Killing non settlers at a music festival is just terroristic murder and even killing random settlers is both counterproductive and terroristic even though most of them are very bad people. That said, this framing is ridiculous:

Some demonstrations have included hate speech, antisemitic threats or support for Hamas, the group that attacked Israel on Oct. 7, sparking a war in Gaza that has left more than 34,000 dead.

Blaming Hamas for Israel's slaughter is exactly the same as justifying Hamas's actions. That's very much a pro-genocide statement.

[–] [email protected] 14 points 6 months ago

Spot on! Fuck Hamas and all the terroristic acts against Jews and innocent lives. But one should also be able to recognise the ongoing crimes and genocide of the right wing Israeli government. Do they really think this war will lead to the destruction of Hamas or antisemitism in the region? I bet we will se double the amount of antisemites/terrorists in the future and nothing will have changed. The west is losing its face and the region was never further away from peace. Hamas trapped the Israeli government into a war and the Israeli extremists were more than happy to use the opportunity for this genocide. Seems like nobody is honestly interested in peace and the victims will be the Palistinian people and some festival goers.

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[–] [email protected] 37 points 6 months ago (4 children)

Wow, talk about trying to scare people into not protesting. However, it could have the opposite effect. Take away from the protestors and they have less to lose. They may start to shine a light on injustices at home, too.

[–] [email protected] 8 points 6 months ago

I imagine they're going to get sued in civil for refund of tuition.

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[–] [email protected] 17 points 6 months ago (2 children)

So if the snipers don't kill them today, they won't be able to get a job in 20 years.

(I know exactly where that sniper at IU is standing and exactly where the protesters are and it is direct line-of-sight.)

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[–] [email protected] 13 points 6 months ago

Based solely on the over-reactions of the authorities, I’m guessing these protests are threatening a lot of money.

[–] [email protected] 13 points 6 months ago

Wow this is fuckkkkkked up

[–] [email protected] 12 points 6 months ago (1 children)

Lmao they thought suspending students for exercising their first amendment rights was going to calm things down? We have truly forgotten how to deal with protests in this country without resorting to authoritarianism.

[–] [email protected] 6 points 6 months ago (2 children)

To forget something you have to have known in the first place. The US has a very very long history of trying to smash protests with the law. All the way back to the whiskey rebellion and before.

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[–] [email protected] 11 points 6 months ago

The first amendment? Never heard of it.

Innocent until proven guilty? Pfffff, Arrest records are used to punish on the daily.

[–] [email protected] 6 points 6 months ago* (last edited 6 months ago)

a tactic colleges across the country have deployed to quash growing campus protests against the genocide in Gaza.

FTFY

[–] [email protected] 5 points 6 months ago

Imagine living in a country where the government says fear the other party and their insurrectionists but let them go free and instead arrest protesters. But at least Biden wiggled in some last minute toothless bill about transgender people while "slaying" his opponent with name calling.

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