Lawsuit claims Binghamton University violated free speech when handling protests – Pressconnects

A presentation by economist Arthur Laffer at Binghamton U, was shut down after protesters disrupted it on Nov. 18, 2019. Video provided by Sen. Fred Akshar's office. Wochit

A lawsuit claims Binghamton University's responsetoa disruption of a Conservative speaking event in November, as well as a confrontation between two groups on campus four days earlier, was unconstitutional and allegedly violated freedom of speech.

The court documents centeron an abruptly ended speech on Nov. 18, 2019, at BU by economist and presidential advisor Dr. Arthur Laffer, whose "Trump, Tariffs, and Trade Wars" lecture on campus had been co-hosted by College Republicans and Young Americas Foundation. It also questions BU officials' response toa Nov. 14tablingevent on campus that became the center of a clash between two groups.

The lawsuit, a nearly 40-page document,alleges violations of free speech and equal protection. Among its argumentsare claimsthat the responses byBU administration and the University Police Department were unconstitutional and that some public statements by BU officials misrepresented the situations.

Conservative groupAlliance Defending Freedomand its associatedlaw firm filed the complaint Wednesday in Binghamton's federal courthouse, naming defendants BU President Harvey Stenger,Vice President for Student Affairs Brian Rose, BU Police Chief John Pelletier, the Student Association,College Progressives and Broome County activist group Progressive Leaders of Tomorrow (PLOT).

Binghamton University has denied the lawsuit's accusations.

"As an institution of higher education, freedom of speech is fundamental to our core mission; academic inquiry and the exchange of ideas rest on the principle that all have a right to express their beliefs," Binghamton University spokesman Ryan Yarosh said after the lawsuit was filed.

"Binghamton University maintains that we acted consistent with this mission and with the requirements of the First Amendment," Yarosh said, "and we will respond to the complaint accordingly."

[There's more: Read the lawsuit below this article]

About 200 protesters at Binghamton University argued against displays advocating for gun rights Thursday, Nov. 15, 2019.(Photo: Provided by BU Pipe Dream)

The protest at Laffer's event came momentsafter he took the podium,the lawsuit said, when a member of College Progressives and/or PLOT stood up in the second row and began shouting accusations: "We are tired of being oppressed and we are tired of getting murdered by this (Trump)Administration ...you, this man, this liar, Arthur Laffer, supports."

The person thenaccused Laffer of helping the Trump Administration further "racial oppression" and a justice system that he equated with "modern-day slavery," according to the lawsuit.

People in the crowd greeted these accusations with applause, the lawsuit said, and the alleged disrupting person was handed a megaphone and urged to continue.

Laffer was removed from the lecture hall, unable to continue the event.

Members of PLOT attended the event and contributed to the disruption, according to the lawsuit, which alsoargues University Police took no preventive action.

Tyson Langhofer, senior legal counsel for Alliance Defending Freedom and director of theADF Center for Academic Freedom, said BU officials and police "utterly refused to protect the First Amendment rights of its students and Dr. Laffer."

In a statement after the incident, BU said steps had been taken once it became clear demonstrators would be at Laffer's event. Those steps included allowing an adjacent lecture hall for counter discussion, which would have allowed those who wanted to hear Laffer to do so.

[Article continues below photo gallery]

Autoplay

Show Thumbnails

Show Captions

The lawsuit says a tabling event in a high-traffic area on campus, known as "the Spine," was organized by College Republicans in order to promote Laffer's then-upcoming lecture.

Although the group denied it in the lawsuit, BU's student newspaper Pipe Dream reported there was a display supporting gun rights. The tabling event happenedhours after a shooting in a California high school.

Opponents posted messages online, according to the lawsuit, including:"Today on the spine Trump supporters are actively advocating for the Trump administration and gun violence. Join us at 2 as we disrupt this disgusting space that Binghamton has allowed students to create and protect the racism, homophobia, and xenophobia that has erupted from Trump and his supporters."

Three hours into the tabling event, approximately 200 people arrived. The lawsuit claims they "attacked" the College Republicans table and destroyed flyers while some shouted insults and obscenities.

University Police arrived, but the lawsuit claims officers didn't disperse the crowd, while some in the crowd shouted "Pack it up."

The lawsuit argues that BU officials misrepresented the College Republicans in later public statements, claiming the group "intended to be provocative."

More: Binghamton University student protesters clash over gun rights: What we know

[Warning: This video contains graphic language]

Eventually, according to Rose, police directed the tabling groups to leave the area and escorted them away. Some protesters viewed this as the police protecting the tabling students based on race, Rose said, and they started chanting at the officers.

The students chanted, "No justice. No peace. No racist police."

No one was injured as the incident dispersed.

"Pursuant to the Speech Suppression Policy, defendants (Stenger, Rose, and Pelletier)not only failed to take action to defend College Republicans constitutional rights but personally and actively supported the thuggish and physically abusive actions of defendant College Progressives," the lawsuit argued.

Stenger at the time defended BU's de-escalating response and called the Nov. 14 incident unfortunate "from all perspectives."

Autoplay

Show Thumbnails

Show Captions

Follow Anthony Borrelli on Twitter@PSBABorrelli.Support our journalism and become a digital subscriber today.Click here for our special offers.

Read or Share this story: https://www.pressconnects.com/story/news/local/2020/07/23/binghamton-university-lawsuit-free-speech-protests-plot-college-republicans-arthur-laffer/5492733002/

More:

Lawsuit claims Binghamton University violated free speech when handling protests - Pressconnects

Related Posts

Comments are closed.