COMMENTARY: Open letter regarding new U. restrictions on free expression
We are aware of the rash of restrictions on free expression announced by the Rutgers University administration. These restrictions have been decided on unilaterally, without input from stakeholders at the University.
They participate in what the American Association of University Professors has described as a wave of "overly restrictive policies" being enacted at U.S. colleges and universities that "go beyond reasonable time, place and manner restrictions, impose severe limits on speech and assembly that discourage or shut down freedom of expression."
We reject these new rules, especially the Orwellian-named "Free Expression Permits." These rules would unduly restrict protected speech as well as political and academic expression at the University.
The administration's new restrictions on free expression conflict with prior statements made by Rutgers officials and may contravene constitutionally protected rights. Similar attempts at other universities have resulted in targeting specific viewpoints and condemnation by human rights groups.
That cannot be allowed to happen at Rutgers — a public university with a proud history of protecting free speech and academic freedom.
In addition to contradicting long-standing university policies, the new restrictions are poorly conceived. They thereby introduce confusion on campus. We encourage the Rutgers administration to rescind the new rules immediately and to convene a group of stakeholders, including faculty, students, staff, university senate and union representation to draft appropriate guidelines.
We issue the following clarifications about these new restrictions:
The Rutgers administration's newly announced restrictions on free expression state that they apply to faculty-led or graduate worker-led events. But, to do so would be an unacceptable infringement on the long-standing academic freedom commitments of the University and would constitute a violation of the academic freedom protections in our contract.
Course-related activities — which sometimes take place in public forums — do not require "free expression permits."
The Rutgers administration's new restrictions on free expression do not apply to union activities, including the right to protest.
The unilaterally formulated and announced free expression curbs are an "interim policy," in place, at most, for one year. They will expire as of August 19, 2025, unless the Rutgers administration undergoes the correct, formal process required for "significant revisions" to university policies, including "stakeholder consultation."
All members of the Rutgers community have First Amendment rights, which supersede the administration's interim policy and any similar attempts to infringe on constitutionally protected free speech and assembly rights.
Main quads are traditional public forums at Rutgers and so remain legitimate sites of protest. The administration's attempt to designate secluded "free speech zones" on some campuses appears to run afoul of protestors' rights and prior legal guidance.
We are disappointed in the Rutgers administration's judgment in unilaterally issuing these ill-conceived changes to long-standing university policies.
Under the administration's new rules, most major protests in Rutgers history — such as the 1969 liberation of Conklin Hall at Rutgers—Newark that resulted in a significantly more diverse student body and the 1984–85 anti-apartheid protests that prompted Rutgers to divest from South Africa — would be disallowed. Our university would be the poorer for it.
We look forward to working with the administration and a broad representation of stakeholders to develop more appropriate university policy. We remain committed to protecting the rights of all members of the Rutgers community.
The Executive Council of Rutgers AAUP-AFT is comprised of Rutgers faculty members, graduate students and postdoctoral associates across Rutgers' campuses. The Rutgers AAUP-AFT represents around 5,000 full-time faculty, graduate workers, postdoctoral associates and EOF counselors.
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