How Eastern Failed to Handle the November 2019 Anti-Abortion Protests

"Other students from other places were also skipping their classes to come counter-protest. I'm not going to submit myself to be in a place where I should be only worrying about my education and now I'm having to worry about my learning environment. Getting yelled at and being told I'm going to hell for no good reason is not education and is hostile." - A Multi-racial EWU Junior

As stated in the "Hypocrisy on Campus" section of this website: "On November 7th, 2019, there was a group of protesters that arrived on campus. These protesters were there to preach their views on anti-abortion, but as we came to find out, those views also allowed harassment of many students to happen and even the assault of one student by a protester. Another protester is a convicted child murderer  (link to article that names him on campus here and link to article of his heinous crimes here). Many students gathered to join in to counter protest this type of, well let's name it what it is, hate speech. For students, even students that are apart of this parent project and ones I interviewed for this specific project, to say that they were called whores, sluts, commenting on their apparel, and even comments on white supremacy were made in passing by some of the protesters."

Instead of moving the three anti-abortion protesters (that are a part of "The Church at Planned Parenthood") off of campus due to "safety concerns," police instead moved them to the center of campus and gave them a literal stage to preach their messages. As it has become evidently clear from student testimonies, the protesters didn't simply preach that abortion is wrong, they also harassed students who passed them, sexually assaulted one student and spit in her face.

"Students on campus allege the men were making racist, anti-LGBTQ and hateful comments to students while holding signs that echoed their statements and featured bible verses" - KHQ News

"I know I can control what I see and don't see on a daily basis, but this is the last place I want to get harassed." -Black EWU Junior

(Photo credit Laine & John McCallum)

As you can see in the photo above taken on the day of protest, the protesters were moved to an elevated platform in the center of campus by police to better preach their messages and gathered a large crowd of counter-protesters.

In this institution for education, students were skipping their classes to come join the counter-protest crowd or just to see what the commotion was that was creating a disruptive learning environment.

University president Mary Cullinan, in her letter to the campus community in the afternoon after the protests took place, attempted to justify that the protesters were allowed to stay on campus because "WAC 172-141: Use of Outdoor Areas for First Amendment Activities makes clear that, while people are encouraged to provide advance notice, anyone may use our outdoor space to convene peacefully and lawfully." The letter was kind enough to hyperlink the Washington state law to see what is not permitted under this chapter and not protected by the first amendment. Let's take a look at what was violated under this chapter of law:

Let's start with the arguable one just because I am feeling kind - "(e) Fighting words, as defined by federal law."

What is defined as "fighting words" by federal law? Fighting words as defined by the federal government are words that "by their very utterance, inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality." It is arguable that hate speech, direct attacks on a person by a speaker expressing vilification, humiliation, or inciting hatred a group or class of persons, are fighting words.

The actual violation of WAC 172-141 that was broken was "(f) Speech or conduct that causes a material and substantial disruption of university activities."

The speech and conduct that the protesters did disrupt university activities. Students were skipping classes to see what was going on in the center of campus that was drawing a large crowd, joining in on the counter-protests, and were initially (before they were moved to their pedestal) making students not want to traverse campus to class so that they weren't subjected to harassment and bigotry. Some students avoided campus because being singled out and called derogatory names or having your identity slighted on campus can be not only traumatizing for many, but triggering for some. Let's not ignore the fact that what really proves that this was a substantial disruption of university activities is that EWU campus police had to call in back-up from Cheney, Airway Heights, Spokane, and the State Patrol to help them keep the area safe for everyone.

Also, let's not ignore that a student was assaulted on campus by a member of "The Church at Planned Parenthood" protesters and because there were at least three or more of them there, it is a violation of Washington state law RCW 9A.84.010: Criminal Mischief. This chapter of Washington state law states "(1) A person is guilty of the crime of criminal mischief if, acting with three or more other persons, he or she knowingly and unlawfully uses or threatens to use force, or in any way participates in the use of such force, against any other person or against property" which is classified as a misdemeanor offense. Due to the fact that this protester was acting with three or more people, including himself, the student should be able to press charges against him. Whether the student that was assaulted chooses to press charges against the member of The Church at Planned Parenthood protester is their own choice and should be respected. Regardless of if charges are pressed, the protester was found and escorted off campus in handcuffs according to the KHQ article.

Is this not grounds to force the rest of the protest group that was just as guilty of harassment, bigotry, and hate speech to also be forced to leave campus so campus activities can continue to operate in a safe and ordinary fashion?

I mean it's not like the protest group violated a criteria of Washington Administrative Code 172-141 or committed a misdemeanor offense under RCW 9A.84.010 as defined by Washington state law.

Where is the line drawn for protesters this bold? Do they have to actively being killing students on campus for them to be forced off campus and be condemned by our Eastern Washington University President, Mary Cullinan, in a public announcement?