Student Free Speech and Protest

College and university campuses have long been sites of activism, debate, and dissent. Our founder started this firm while representing students engaged in anti-Vietnam War protests at campuses around Boston. Throughout the firm’s history we have represented students as they engage in protests and other forms of expressive activity to express their views on issues ranging from racial justice and climate change to international conflicts and campus policy. While students have important rights under the First Amendment, state constitution, and, in some cases, under state law or university policies, schools often respond to protest activity with disciplinary proceedings, academic penalties, or other forms of retaliation.

At Zalkind Duncan & Bernstein LLP, our attorneys represent students facing university discipline or criminal charges for engaging in protest, political expression, or other speech. We are experienced in navigating complex university procedures and protecting our clients’ rights—both as students and as individuals entitled to free expression.

Students Have Free Speech Rights

At public colleges and universities, students enjoy First Amendment rights to freedom of speech, expression, and assembly. This includes the right to protest, criticize institutional policies, distribute literature, and engage in political activity—subject to reasonable time, place, and manner restrictions.

Students at private colleges may also have (generally more limited) speech protections under:

• Massachusetts Civil Rights Act (M.G.L. c. 12, § 11H), which prohibits any individual from interfering with constitutional rights by means of “threats, intimidation or coercion”
• University-specific policies or codes of conduct that promise freedom of expression or academic freedom

Despite these protections, schools often attempt to restrict speech or protest activity by:

• Charging students with disciplinary code violations (e.g., disruption, disorderly conduct, failure to comply)
• Restricting access to campus spaces or student resources
• Retaliating against students for protected speech or activism
• Misusing policies related to harassment, safety, or “community standards” to silence dissent

Our attorneys are committed to defending students against these actions and asserting their rights in the face of institutional pressure.

Campus Disciplinary Proceedings

When schools initiate disciplinary proceedings against student protestors, they often rely on vague and frequently-changing conduct codes. These proceedings can be complex, fast-moving, and high-stakes—sometimes threatening a student’s ability to graduate, pursue further education, or maintain visa or scholarship status.

We have extensive experience representing students in:

• Disciplinary hearings arising from protest activity or controversial speech
• Investigations and administrative processes at both public and private universities
• Appeals of sanctions including suspensions, expulsions, or disciplinary probation

Our goal is to ensure that students receive a fair process and that their rights are upheld throughout the proceedings. We tailor our representation to each case—whether that means defending a client in a formal hearing, advising behind the scenes, or negotiating a resolution that protects the student’s record and future.

Retaliation

In some cases, schools may go beyond disciplinary action and retaliate against students through less formal means—such as revoking opportunities, issuing no-contact orders, or discouraging participation in academic or extracurricular activities. In others, students may face discriminatory treatment or harassment based on the content of their speech or the cause they are advocating for. Depending on the type of school and its policies, this treatment may be illegal.

Litigation

When appropriate, we represent students in litigation against their schools for various type of claims, including:

• Violations of free speech rights under the federal and state constitutions
• Claims under the Massachusetts Civil Rights Act (MCRA) for interference with speech rights
• Discrimination under federal anti-discrimination statutes including Title VI and the Massachusetts Equal Rights Act (MERA)
• Breach of contract claims for violations of student handbooks and other policies

We also help students coordinate with advocacy organizations, the media, and civil liberties groups where appropriate to amplify their voices and push back against censorship.

We can help

If you are a student in Massachusetts facing discipline or retaliation for protest, activism, or political speech, contact Zalkind Duncan & Bernstein LLP today to schedule a confidential consultation. We are here to defend your rights and support your voice on campus.

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