In a letter to University President Rev. William P. Leahy, S.J., the Foundation for Individual Rights and Expression (FIRE) condemned Boston College’s demonstration policies for violating First Amendment principles, urging the University to eliminate its requirement that speeches and chants be pre-approved prior to demonstrations.
“As a university that has stressed its ‘long-standing commitment to protecting the right to free expression, including the right to protest,’ BC must remove this sweeping pre-approval requirement and make clear that students can spontaneously speak their minds without the university’s veto,” the letter reads.
FIRE’s letter referenced a Heights article detailing restrictions placed on a pro-Palestinian demonstration last month by University administrators, requiring organizers to revise and omit parts of their speeches, adjust their chants, and wait 80 days for event approval.
“This lengthy approval time is wildly inconsistent with the policy’s requirement that students provide ‘three business days’ of lead time,” the letter reads.
In a statement to The Heights, University Spokesman Jack Dunn maintained administrators did not purposely stall the approval process, attributing part of the delay to a monthlong winter break. He also reiterated BC’s commitment to protecting the right to free expression but noted its focus on student safety as well.
“Discourse is central to the life of the University, and we encourage students to engage in dialogue in a spirit of mutual respect, civility, and care,” Dunn wrote. “At the same time, the University prioritizes the safety and well-being of students who take part in demonstrations and rallies and of other members of our campus community who are affected by these events.”
While FIRE commended BC’s goal of preventing disruptions to University operations and safeguarding the rights of others, it argued that this mission should not come at the expense of the free speech rights BC has committed to protecting.
“BC’s stipulation that expression must not ‘adversely impact the mission of Boston College, especially its Jesuit, Catholic dimensions’ is unfairly broad and vague, leaving administrators essentially unbridled discretion to silence any speech it disfavors, in contravention of its promises of free expression,” the letter reads.
FIRE also criticized BC’s pre-approval requirement for demonstration, which mandates that students submit “itineraries” of their speech for University approval, arguing the policy is a form of “prior restraint” on student speech. Prior restraint—a form of censorship that prevents speech before it occurs—has been heavily restricted by the U.S. Supreme Court.
“Courts have made clear that broad restrictions on spontaneous expression—like requiring students to obtain permits for outdoor protests—violate First Amendment principles due to ‘the significant burden that [advance notice and permitting requirements] place on free speech,’” the letter reads.
FIRE also expressed concerns about what it views as the policy’s overly broad and vague language, which allows BC to withhold approval for any demonstration deemed likely to impact the University’s mission. The organization argued that the lack of clear guidelines makes it difficult for students to understand and comply with the policy.
“BC’s policy gives event organizers preciously little guidance on what constitutes ‘the mission of Boston College’ and its ‘Jesuit’ and ‘Catholic’ aspects, and what type of speech might run afoul of those lines,” the letter reads.
FIRE contended that the vague language gives administrators excessive discretion to approve or deny demonstrations.
“These subjective interpretations allow administrators to prohibit a substantial amount of protected expression based merely upon their personal interpretations or whims,” the letter reads. “Sweeping restraints that allow administrators to restrict speech they disfavor cannot be squared with free speech or First Amendment principles.”
BC has a history of performing poorly on FIRE’s free speech assessments. In September 2024, for the second consecutive year, the University received a ‘red light’ rating in the organization’s annual College Free Speech Rankings, indicating that at least one policy both clearly and substantially restricts freedom of speech.
FIRE urged BC to revise its Student Demonstrations Policy to better reflect students’ rights to spontaneous expression and to eliminate the pre-approval speech requirements for demonstrations.
“BC should revise its Student Demonstrations Policy to remove its pre-approval requirement for small, spontaneous, or otherwise non-disruptive demonstrations,” the letter reads. “It should also make clear that event organizers need not submit speech itineraries for administrative approval, remove or clarify the language authorizing administrators to reject proposed demonstrations based on BC’s mission, and commit itself to its stated three business day timeframe for approvals.”
FIRE set a deadline of March 21 for BC to provide a substantive response. The University did not confirm to The Heights whether it planned to reply.
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