Students have a right to protest. Peacefully. On campus. Universities must be defended

I was an undergraduate at Monash University. I was a postgraduate at Monash University. I was a chancellor at Monash University. Unsurprisingly, I have followed the events at Monash University more intensely than I have followed the Gaza protests elsewhere, but I am well aware of the acute tensions and conflicts at universities across Australia.

I have noted the broad-brush criticism of university chancellors and vice chancellors, and by extension the governing councils and the management teams.

Students and supporters attend a rally protesting Israel’s war in Gaza at an encampment at the University of Sydney earlier this month.Credit: Kate Geraghty

Almost everywhere I look, I see criticism, not support.

Here then, a few words of support.

Students have a right to protest. Peacefully. On campus. Free speech is central to the ethos of a university.

The right to gather and protest is protected in Victoria under the Victorian Charter of Human Rights and Responsibilities Act. Further, under the Victorian Racial and Religious Tolerance Act, offensive words and actions are permitted unless they incite hatred or abuse of racial or religious groups. That is, words cannot be allowed to cause harm.

Fourth-year design student Khalid Abbas, 21, takes part in the pro-Palestine encampment at the University of Melbourne.Credit: Eamon Gallagher

At Monash University, the vice chancellor and the management team have made it clear that while the protests by students will be tolerated, there is no excuse for occupying buildings, blocking research or disrupting lectures. Antisemitism will not be tolerated. For example, the university ruled that statements such as “Zionists are not welcome on campus” cross the allowable threshold and demanded their retraction. Islamophobia will not be tolerated. The university acted against students whose counter-protesting threatened pro-Palestinian protesters. Incitements to violence will not be tolerated. The university is working closely with Victoria Police to ensure safety and security for all.

There are lines that ought not be crossed, and some of these are at the centre of the discussion. Some argue otherwise, but it is clear to me that calls for “intifada” are calls for violence and deadly attacks against Israeli civilians. The cry of “From the river to the sea, Palestine will be free” is a call to destroy Israel and eliminate its Jewish inhabitants. Those are explicit incitements to violence that cross the red line of common decency and the law.

On the other hand, calls to free Palestine and stop the war are not antisemitic and are legitimate political protests.

The same logic applies to all students. Physically harassing the protesters also crosses lines and should be subject to disciplinary or criminal procedures, as appropriate. The mission of universities to advance knowledge and community welfare should be fulfilled by evidence-based discussion and even peaceful protests, but certainly not by violence.

If those red lines are crossed, universities have an obligation to call the police or wield the might of their internal disciplinary powers. I am aware that Monash University has done this, and has done so in relation to both protesters and counter-protesters, and that is welcome. We are also seeing decisive action at Deakin University, where decisions have been made to ensure the safety and wellbeing of the community.

The police, in their turn, are expected to respond proportionately. It is not clear that they should or would shut down an entire protest in response to isolated criminal offences rather than arrest the offenders. Victoria Police has worked constructively with Monash University to ensure that all scheduled events have continued so that freedom of speech is enjoyed by all.

Student protesters, thinking about the big picture, should be aware that their political protest will be more powerful if they focus on their political message and avoid incitement.

Despite the public and private pressure on university management, they are correct to hold true to the values of free speech.

Why are universities being so roundly criticised? There are many reasons, but an important one is that they have exposed themselves to criticism in recent years. In some cases, they have failed to defend free speech when word spread that an invited speaker would express an opinion different to the prevailing values of students or staff.

It appears that most Australian universities have learnt from their past mistakes and are managing the current situation with deliberation and thoughtfulness that should be commended.

Dr Alan Finkel, AC, is a neuroscientist, engineer, entrepreneur and philanthropist who was Australia’s chief scientist from 2016 to 2020.

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