Northern Virginia VCU student denied diploma after participating in pro-Palestinian protests

[SunSeeker]

17. None of the speech covered by Citizens United involve illegal conduct.

Citizens United stands for the proposition that you are protected by the 1st Amendment to spend all the money you have on speech (ads, books, rallies -- with the proper permits, PACs, etc.). Of course, that means the rich have a megaphone while the poor whisper. But that has no bearing on illegal encampments on school property. It would be one thing if she had contracted with the school and paid the school to let them have that encampment, but that never happened. The school did not offer up its grounds for rent for encampments, then choose to deny the pro-Palestinian students a rental because they wanted to use it for pro-Palestinian speech. All schools make it illegal to camp on school property, no matter your views. Illegal conduct is not speech.

Per the ACLU:

Speech versus Conduct

Free speech laws generally protect speech, not conduct. There is no First Amendment right, for example, to spray graffiti on a public building or to destroy someone else’s property, even if the act is done to communicate a message. Nor do free speech protections readily shield encampments or protests that substantially disrupt classes or other events like graduation ceremonies and Board of Regents meetings.

https://www.aclunc.org/our-work/know-your-rights/know-your-rights-free-speech-colleges-and-universities#item-4341