On Nov. 8, members of the Brandeis community received an email from Vice President of Student Affairs Andrea Dine and Vice President of Diversity, Equity, Inclusion and Belonging LeManuel Bitsoi titled “Social Justice and Free Expression.” 

The email began by discussing an idea that was central to the University’s founding: “a commitment to social justice and the respectful exchange of ideas.” It continued on by explaining that due to these founding values, the University supports free expression as well as the opportunity for students to “express their viewpoints while simultaneously adhering to our campus community standards.”

The Brandeis principles of free speech and free expression are broken into six parts, starting with “Maximizing Free Speech in a Diverse Community.” This section details that every member of the Brandeis community is able to “put forth ideas for consideration, engagement, and criticism by others, as such exchanges are core to the mission of institutions of higher learning.” It also links free speech with the ultimate goal of creating a “diverse and inclusive community.” This section of the principles also details that free expression encompasses all artistic expression and extends to the exchange of ideas in terms of both talking and listening. Additionally, the University endorses as a principle for action, a remark from the school’s namesake supreme court judge Louis Brandeis: “If there be a time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.” The first principle concludes by explaining that it is the responsibility of the University to encourage the presentation of a wide range of both scholarly and political opinions, and to “prevent attempts to shut down conversations, no matter what their topic.”

The second of these six principles is titled “Developing Skills to Engage in Difficult Conversations” and explains that Brandeis holds pride in “debating difficult issues vigorously.” The principle goes on to illustrate that if university administration attempted to “define realms of prohibited speech,” it would “produce a chilling effect upon speech and exchange of views on campus.” The principle then details a plan for the University to reach its full potential in this regard, that consists of “a curriculum that exposes students and the entire community to various viewpoints, and a long institutional memory about how free expression operates and has operated at Brandeis.” The second principle concludes by acknowledging that in order to achieve greater understanding, “intellectual courage to risk discomfort” is required.

“Sharing Responsibility” was the third principle and details that every member of the University community is morally responsible for both their own decisions and how their actions impact the greater Brandeis community. It explains that “open-minded disagreement” can show respect for one another, and is the kind of thing that Brandeis strives for. The principle states “we should embrace civility, but in the larger sense: an issue can be engaged with emotion, and even a raised voice, if the humanity of all involved is respected.” It continues by explaining that Brandeis works towards a community that promotes “expression of a diverse set of intellectual, political, cultural, and social outlooks.” The principle cites the University’s commitment to free expression as “an essential part of the ethical and intellectual imperative to strive for diversity and inclusion on campus.” It then concludes by explaining that it is necessary for the entire community to be engaged in a manner that is just and inclusive, “so that all can participate fully in the intellectual and social life of the University.” 

The fourth of the six principles is titled “Rejecting Physical Violence” and explains that while peaceful protest is “fully appropriate to an environment of vigorous discussion and debate,” both physical violence and the prevention of speech are unacceptable. The principle concluded with the idea that “[o]nce violence is normalized as an ingredient of free expression, it sets the pattern, ending rather than supporting free expression.” 

The fifth principle is titled “Distinguishing between Invited Speakers and University Honorees,” explaining that while the University promotes all viewpoints being shared and the invitation of guest speakers onto campus, this does not mean that the University endorses the opinions of all who have the opportunity to speak. However, “there are certain circumstances, especially the granting of honorary degrees, in which an invitation issued by the university does constitute an endorsement of some major aspect of their life or work.” The principle concludes by explaining that protests against the choices of individuals that are chosen to be honored do not count as attacks on free speech. 

The final principle titled “Institutional Restrictions” begins by stating, “The freedom to debate and discuss ideas does not mean that individuals may say whatever they wish, wherever they wish, or however they wish.” It explains that the University is able to restrict free expression in certain circumstances, such as speech that “violates the law, that falsely defames a specific individual, that constitutes a genuine threat or harassment, that unjustifiably invades substantial privacy or confidentiality interests, or that is otherwise directly incompatible with the functioning of the university.” 

After stating support for free expression, the Nov. 8 email continued on to explain that the Brandeis campus “embodies both diversity of identity and opinion.” It explains that diversity at Brandeis means many different things, including “ability/disability, gender identity, sexual orientation, religion, socio-economic status, age, language, et. al.” The email states that Brandeis holds a wide variety of thoughts and opinions that are “inherent in, and within, the various cultures our community embodies” and that they are all respected. It explains that this diversity in thought contributes to a “richer and more robust educational experience.” 

The email then continues on by defining the community standards relevant to free expression on campus, explaining that the Campus Use of Space Policy applies to free expression as well as the Student Rights and Responsibilities’ policies on campus protests and demonstrations. These policies are detailed under section seven of rights and responsibilities under the Department of Student Rights and Community Standards. This section explains that while the University has the responsibility to “promote a lively and fearless freedom of debate and deliberation,” it also has the responsibility to “protect that freedom when others attempt to restrict it.” It outlines that members of the community are allowed to “protest, rally or demonstrate,” as long as they are not interfering with University operations or obstruct any movement to or from any property owned by Brandeis. 

Additionally, the University “may limit the time, place, and manner of demonstrations.” Students are encouraged to reach out to the Dean of Students Office and alert them to any protest activities in advance. The section states that this suggestion is not to restrict free speech or expression, but “so that the DOSO may help students navigate the guidelines for demonstration and give the University the opportunity to provide space that accommodates the reasonable needs of both the University community and those engaged in acts of speech or protest.” Section seven continues on to emphasize that all community members are entitled to free speech and free expression, meaning that students must “allow other community members freedom of movement on campus, along with the freedom to engage in the performance of their duties and the pursuit of their educational activities.” The section emphasizes that Brandeis Public Safety is allowed to “review and address any safety concerns occurring during a protest or demonstration.” 

The section linked in the email also explains that the principles of academic freedom extend to all learning at Brandeis, meaning that any topic can be taught. The section details that an “activity that is neither disruptive nor obstructive” is allowed to take place inside of a University building as long as it is happening when the building is scheduled to be open. It continues on to explain that activities that are “neither disruptive nor obstructive are generally permitted in the outdoor area of campus,” however the University is allowed to restrict these activities to certain areas and permission has to be granted from DOSO for placement of things such as “tents and individual shelters.” Additionally, the Waltham deputy chief of fire protection is in charge of determining the number of people a space can safely accommodate in any area where demonstrations occur. 

Additionally, section 7.4 titled “Official Order to Vacate” explains that when directed by an authorized official of the University, “Students are expected and required to vacate an area or facility.” Section 7.5 explains that while “Brandeis maintains a high tolerance for protests, disruptions that prevent a planned event from continuing are not permissible.” It explains that students who interfere with the ability of the event to run as planned will be warned and then asked to leave. This section also details that if disruptions are not ceased then students “who do not comply with requests to leave face disciplinary consequences.”

Following the mention of this policy, the email from Dine and Bitsoi links Brandeis’ policy regarding discrimination and harassment, reminding community members that the University does “not condone hate, violence, threats, or harassment, of any kind- towards any community or individual.” In addition to stating it complies with all “Protected Categories” under federal and state law, the policy emphasizes that “Brandeis prohibits discrimination and on the basis of race; color; national origin; ethnicity; share ancestry or ethnic characteristics; caste; sex, including pregnancy or related conditions, sexual orientation, gender identity/expression, including transgender identity; religion; disability; age; genetics [and] active military or veteran status” as well as sexual violence against students which includes “sexual assault, stalking, and dating violence, and domestic violence.” 

The email then calls on students who have either witnessed or experienced “behavior that may have violated our community standards” to report it, providing a link to the Reporting at Brandeis webpage. According to the Brandeis policy, “the [Office of Equal Opportunity] Formal Complaint Process and/or Title IX Grievance Process may be available to address that conduct,” when referring to students who have “engaged in discrimination, harassment, or sexual violence.” The website also explains that “The Formal Complaint Process contains informal and formal resolution options.” 

To close out their email, Dine and Bitsoi stated, “During these times of uncertainty and uneasiness, we ask everyone to respect each and every member of our community, while we engage in robust discussions.”