Anti-Protest Bill Compels College Presidents to Enforce Overnight Encampment Ban

On April 30, the Arizona Legislature approved House Bill 2880, which aims to prohibit overnight encampments on university and community college campuses. This measure mandates that campus presidents enforce the law.

The bill garnered some bipartisan support in the Senate, despite significant opposition from Democrats who argue it poses a threat to free speech. Critics fear it could enable the arbitrary detention of protestors exercising their First Amendment rights.

Though sponsored by Democrat Rep. Alma Hernandez from Tucson and supported by three Senate Democrats, the bill received heavy scrutiny from others within the party. Only Sen. Jake Hoffman, a Republican, opposed the measure.

Hernandez introduced the bill in response to pro-Palestinian protests that took place last year, emphasizing concerns about harassment faced by Jewish students on campuses. Opponents cited instances where pro-Palestine protestors faced repercussions, including visa revocations.

Sen. Analise Ortiz shared the story of Noor Abdalla and Mahmoud Khalil, highlighting the potential dangers and stigmas attached to political activism. Ortiz stated that such laws criminalize protests, thereby targeting individuals for their beliefs.

“This law is based on the unfounded idea that protests make us less safe,” Ortiz remarked. She asserted that legislation limiting expression erodes safety and stability within communities.

Current regulations allow students and faculty to protest within specific parameters but prohibit unlawful activities that disrupt university operations. In contrast, the new bill compels university leaders to dismantle encampments and alert law enforcement if compliance is not met, with potential criminal trespass charges for noncompliance.

Ortiz criticized the bill’s vague language, arguing it opens the door for arbitrary enforcement by law enforcement. “The language is so vague that it can and will be interpreted as such,” she said.

Sen. Lauren Kuby also voiced concerns, deeming the bill an unnecessary political maneuver that could infringe on student rights. “Students will be chilled to take action,” she argued, suggesting the law prioritizes state control over public safety.

Supporters of the bill maintain it is crucial for protecting Jewish students amidst rising antisemitism. Sen. Hildy Angius drew parallels to the potential chaos that could ensue if hate groups were permitted to disrupt campus activities, further advocating for the measure.