Lawmakers debate free speech on campus after Ohio State protesters arrested

COLUMBUS, Ohio (WCMH) -- A pro-Palestine encampment at the Ohio State University the led to three dozen arrests comes after state lawmakers passed a bill in 2022 aimed at protecting free speech on college campuses.

Senate Bill 135 passed "to ensure that our campuses and school districts are not only beacons of free speech and individual expression but that the focus is on critical thinking skills to ensure students can thoughtfully develop their own opinions and make their own decisions," Senator Jerry Cirino (R-Kirtland) said of the bill in June 2021.

The law states that, in addition to complying with other laws regarding the regulation of free speech on campuses, each state institution must adopt a policy that affirms several free speech principles.

"Although a state institution should greatly value civility and mutual respect, concerns about civility and respect must not be used by an institution as a justification for closing off the discussion of ideas, however offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed those ideas may be to some students or faculty," the bill states.

Rep. Munira Abdullahi (D-Columbus) said she was at Thursday’s protest, and argues the arrests were out of line with the law.

"The right to free speech applies to everyone, even if you don’t like them," she said. "The hypocrisy is very laughable and it’s a detriment to the people of Ohio and to our students.”"

However, lawmakers like Rep. Brian Stewart (R-Ashville) have pushed back against the protesters on social media, writing that student violated campus rules like camping on the South Oval. Still, Abdullahi said she thinks the encampment is being unjustly enforced.

"Of course, OSU has the right to enact whatever policies they want to but inherently I think it's unfair and discriminatory to these students," she said.

Stewart cited time, place, and manner restrictions, which he said, “are as old as the first amendment itself.” The state does allow institutions to impose measures and guidelines about where and when protests can occur.

"I don’t see that argument being made when there are certain other protestors on campus and the South Oval is a public community space designated for protesting. It has been that way historically” Abdullahi said. “It is very important for us to allow [students] to have that space. A safe space for them to speak up, a safe space for them to share their ideas.”

The law has five other guidelines for when public universities can enact their own rules, aside from "time, place, and manner." Those other provisions include one that says that free speech “must not be construed to grant students the right to disrupt previously scheduled or reserved activities occurring in a traditional public forum.”

Abdullahi said right now she does not see the need for legislative action.

NBC4 reached out to several Republican lawmakers for an interview, as well as the Speaker of the House and the Senate President for a statement. They said they have no comment at this time.