Here's the text of today's letter (see here for the full letter, including footnotes):
FIRE is deeply concerned by New York University School of Law's recent suggestion to The New York Times that it may be investigating student Ryna Workman for their protected political speech amid intense public and campuswide criticism for expressing views about the Israeli-Palestinian conflict.
"For legal reasons," NYU Law told The Times Wednesday, "we cannot comment on the specifics of any current student who may be under investigation. Speaking generally, all complaints of bias and/or discriminatory behavior are investigated thoroughly and in accordance with federal, state, and local guidelines, and the appropriate disciplinary action follows the outcome of that process."
This raises concerns because, where a bias or harassment complaint seems to allege no more than protected expression, the correct approach, under NYU's clear free expression promises, is to have administrators conduct a cursory, internal review. If that review confirms the submitter complains of solely protected expression, NYU can promptly close the case without ever notifying the accused student, while at the same time offering support to the aggrieved complainant. To be sure, NYU may face certain important obligations to investigate discrimination, harassment, threats, or other misconduct on campus—but it should not publicly launch investigations where allegations are comprised of nothing more than pure political expression.
That is because even investigations that ultimately resolve in favor of the accused can deeply chill campus speech. The inquiry in such a case is not whether formal punishment is ultimately imposed, but whether the university's actions "chill a person of ordinary firmness" from engaging in future protected activity. Consequently, NYU's public reference to Workman's speech as potential misconduct sends a chilling message not only to Workman, but to all students and faculty that they may face disciplinary action for engaging in core political expression. Notably, there is no suggestion in any of the public reporting that Workman engaged in any misconduct whatsoever.
