The American Civil Liberties Union of New Mexico is investigating this week’s arrest of university students who were protesting the Israel-Hamas war.
“Students have the constitutional right to peacefully protest, speak, and express their opinion,” said Peter Simonson, executive director for ACLU-NM in an emailed statement. “The New Mexico Constitution extends even greater protections in this regard than the U.S. Constitution.”
On Monday, New Mexico State Police and University of New Mexico Police used tear gas to arrest 16 protesters on campus and charged each with one count of criminal trespass and one count of wrongful use of public property. UNM has said that five of those arrested are students and the rest “were not affiliated with UNM.”
Simonson warned university leaders and law enforcement that students have constitutionally protected rights to peaceful protest, expression, and speech on public campuses — even speech that some may find offensive.
Simonson said protesting is a pillar of democracy and a fundamental freedom that has shaped the history of the United States.
“We call on New Mexico’s college and university leaders and police to respect students’ rights to publicly advocate for causes they believe in. The ACLU is closely monitoring the situation,” he said.
But not every form of speech is protected everywhere, Simonson said.
“We are disturbed by the recordings of this week’s arrests on UNM’s campus and will be investigating. Armed police in riot gear have no place at a peaceful campus protest,” he said. “Arresting peaceful protesters does not make anyone safer. We urge university leaders to remain flexible and give students space to express their views given the volatility of this moment.”