Bruce S. Rosen Quoted in Montclair Local, “New Rules to Limit Protest Speech at Montclair State Draw Objections”

Bruce S. Rosen, partner at Pashman Stein Walder Hayden P.C., was extensively quoted in a Montclair Local article titled “New Rules to Limit Protest Speech at Montclair State Draw Objections.” The article discusses Montclair State University’s new “expressive activity” policy, which limits the locations on campuses where expressive activity — such as demonstrations, symbolic speech and physical performances — can be held, requires that “silent or symbolic expressive activity” be registered five days in advance, prohibits the use of “amplified sound,” and only allows expressive activity between 8:30 a.m. and 6 p.m.

Bruce Rosen, a media law attorney with experience in First Amendment litigation, said the policy is overreaching.

“This is overkill, and it’s really going to be subject to challenge depending on how they try to enforce it,” Rosen, a partner with the firm Pashman Stein Walder Hayden, told Montclair Local. “They’re entitled to set up time manner and place restrictions and prevent interference with instruction, which is their function, but they also have to allow for adequate alternative channels of communication, and I’m not sure that those are available here.” 

He raised concern about limitations on “Silent or Symbolic Expressive Activity,” which the school defines as “noiseless activity that conveys a message, including but not limited to silent protest, displaying signs, wearing symbolic clothing, gesturing, standing, sitting, walking or other noiseless activity.”

The regulation states that such silent activity must be registered at least five days in advance and “must not interfere with another individual’s ability to engage in an event or Expressive Activity.” Rosen said that under this new regulation, someone wearing a keffiyeh, which is a traditional Arab headdress, could be viewed as in violation.

Wearing the black and white headscarf has become a symbol of Palestinian identity and resistance. “That’s making a statement in and of itself,” Rosen said. Flags on a book bag or laptop, he added, could likewise be viewed as a “silent or expressive activity” under the policy….

Rosen said expressive activity also must also not be singled out from other types of activity.

“You have to treat demonstrators the same way that you treat a fraternity,” he said. “If a fraternity is making noise outside and having a party, even though that activity is non-expressive, you have to treat them the same way and give them the same rights.”

To read the full Montclair Local article, click here.