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Virginia lawmakers lay potential legislative groundwork in response to campus protests over Israel and Palestine

House lawmakers studying how some of Virginia’s universities handle campus protests and free speech policies faced criticism Wednesday after arranging a hearing that some in attendance felt leaned heavily toward institutional and pro-Israeli perspectives. 

However, House Majority Leader Charniele Herring, D-Alexandria, who chairs the House Select Committee tasked with reviewing campus safety and free speech at Virginia’s colleges and universities, addressed public concerns by emphasizing that this was just the first in a series of meetings aimed at providing a comprehensive review.

Herring said the next meeting is slated for December with a final report due afterwards.

“We are not here to solve the issues that spark conversations, protests and public displays. We are not equipped to do that in this venue,” Herring said. “However, we are here to make sure that we are working toward campuses continuing to be safe places and learning for all of our students, while ensuring there are safe places to speak out and engage in civil discourse.”

The committee convened for the first time on Wednesday after canceling two prior meetings which had left the public without answers. Herring attributed the delays to low attendance.

This frustrated some students and faculty members who had hoped that lawmakers would introduce legislation for the upcoming General Assembly session, which begins in January. Some had also called for earlier hearings to address public concerns about new university policies as well as demands for independent investigations and legislative oversight to safeguard First Amendment rights.

Are House lawmakers ghosting college students and staff over campus protest rules?

Gov. Glenn Youngkin’s administration urged Virginia’s colleges and universities in the spring to “take proactive steps to update policies and improve communication channels before students return this fall.” 

The directive came in the wake of demonstrations at five universities, sparked by responses to an attack by Hamas, a Palestinian militant organization, on Israel near the Gaza Strip in October. According to reports, Hamas killed 1,200, injured hundreds, and took hostages. 

In the resulting aftermath of the attack, Israel declared war, resulting in the death of over 41,000 Palestinians, while nearly 100,000 were injured and the health care system in Gaza has collapsed.

The public response to the conflict prompted the creation of both the House committee and a parallel Senate group to examine campus policies and ensure free speech protections.

Last spring, demonstrators across Virginia called for a cease-fire and staged protests at five universities in the commonwealth last spring: The protests resulted in more than 125 arrests at four campuses: the University of Mary Washington, Virginia Commonwealth University, Virginia Tech and the University of Virginia.

Wednesday’s two-hour hearing in Richmond, hosted by the House committee, featured testimony from a law enforcement official and a representative from the governor’s administration, along with updates from the University of Virginia and Virginia Commonwealth University regarding the campus protests. 

The committee also heard a presentation on the history of the First Amendment followed by remarks from a pro-Israeli student from Virginia Tech who shared her personal experience with the protests and the university’s policies.

Kiera Schneiderman, student body president at Virginia Tech, called for a more “peaceful” and “constructive” approach to the campus protests. After the encampment at Virginia Tech, Schneiderman recounted visiting the protest site where she and others were met with chants of “shame” and witnessed a large crowd chasing a Jewish student. She also reported three students were punched in the face. 

“There is nothing wrong with criticizing Israel. There is nothing wrong with advocating for a better future for Palestinians and trying to preserve their livelihood,” Schneiderman said. “I want to be very clear when I say that this is not what is happening in our current state of campus protest.”

Speakers lining up at House Select Committee hearing on Nov. 20. (Nathaniel Cline/Virginia Mercury)

During a 30-minute public comment period, community organizers, faculty members and students shared their concerns about the protests, with some alleging excessive use of force by law enforcement and questioning the safety of students facing hate and intimidation. Others advocated for policies that protect free speech as well as for greater accountability and reform.

“I stand before you in the year 2024 and ask you to tell me which Virginia college will my son be safe in attending,” said Yael Levin, a Jewish mother of two, recounting violent acts in the state. 

The House Select committee also invited law enforcement to speak on Wednesday.

Jonathan Schleffer, deputy secretary of Virginia Public Safety and Homeland Security, explained that the administration has been actively collaborating with law enforcement and universities throughout the surge in protests. He emphasized the importance of ensuring student safety while addressing the underlying causes of the protests.

Lt. Col. Kirk Marlowe, deputy superintendent of the Virginia State Police, told the committee that law enforcement faces challenges in managing crowd sizes and identifying individuals protesting unlawfully. He noted that some unlawful protestors can blend in with larger groups and carry items that can be used as weapons.

Scott Ballenger, special advisor to the Provost on Free Expression and Inquiry at the University of Virginia, provided an overview of the First Amendment at the Nov. 20 House Select Committee meeting in Richmond. (Nathaniel Cline/Virginia Mercury)

When asked by a committee member, Marlowe was unable to confirm if any state police officers were injured during the protests.

“We want protesters, spectators and law enforcement all to be safe, and we want to create a safe space for people to lawfully exercise their first amendment rights,” Marlowe said.

However, some speakers expressed frustration that the hearing included presentations from representatives of institutions and law enforcement. They argued that guest speakers advocating for free speech, such as the American Civil Liberties Union, should have been included.

“You’ve invited and given an extensive platform to the very perpetrators of the violence, including the police and administrations that have inflicted violence upon myself and my peers, allowing the space for full presentations,” said Selma Ait-Bella, a senior at VCU. “Meanwhile, the advocates of free speech, those that have been punished for speaking out, are all relegated to short testimonies in the public hearing.”

Shahed Sanuri, a graduate student at Virginia Tech, criticized the committee for showing a lack of “empathy” in the way it organized the agenda.

“The people selected and presented were the exact people that are systematically and continuously suppressing Palestinian voices on campuses, people that have called for extreme brutality against their own students, faculty and staff,” Sanuri said. 

“When we chant ‘Free Palestine,’ we are fighting for the Liberation of Palestine from the occupation and settler colonialism by Israel on Palestine. Free Palestine has never and will never mean hate towards Jews.”

After the meeting, Herring said that the committee is laying the groundwork in this initial hearing for potential future legislation.

“I’m not saying it’s anyone’s priority, but maybe there’s no need for legislation. But this at least gives us something, some knowledge as we move forward,” Herring said.

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Originally written for VirginiaMercury and it originally published as Virginia lawmakers lay potential legislative groundwork in response to campus protests over Israel and Palestine

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