Pa. House GOP to pursue bills addressing campus protests
May 24—HARRISBURG — Protests on college campuses in support of Palestinians amid the Israel-Hamas war moved Republicans in the Pennsylvania House to seek measures to address disruptive organized trespass and antisemitic acts.
The movement began with a tent encampment erected in mid-April at Columbia University, inspiring largely peaceful protests on campuses across the country. But the extended disruption of occupying buildings and public spaces led some colleges to use law enforcement to clear protest scenes including at the University of Pennsylvania. According to published reports, more than 2,800 arrests have been made nationwide since last month.
Rep. Martina White, R-Philadelphia, and Rep. Kristin Marcell, R-Bucks, circulated a co-sponsorship memo this week seeking legislative support for a pair of yet-to-be-introduced bills.
Any student protestor convicted of ethnic intimidation, institutional vandalism, desecration, theft, sale of venerated objects or institutional trespass would be denied grant funding from the Pennsylvania Higher Education Assistance Agency under White's planned proposal, according to the memo.
The forthcoming bill from Marcell would create the new criminal offense of institutional vandalism. The memo states that the offense would address "trespassing in sensitive areas such as houses of worship, cemeteries and schools." The proposed law would establish that trespassing at such places "deserves additional punishment."
"While protests are a common occurrence on college and university campuses, unlawful actions like the forceful occupation of academic buildings and the destruction of college property are not protected First Amendment activities. If students are convicted of specific unlawful actions related to protests, they will face additional consequences by being denied PHEAA grants," White said in a statement announcing the planned legislation.
"We have no issue with those who protest within the law to make their voice heard. However, unlawful protests that interfere with the right of other students to pursue their education will not be tolerated," Marcell said in the statement. "My bill gives institutions more standing to ensure their campuses are a place where all students have the right to pursue their education free of harassment and intimidation from trespassers."
A spokesperson for the House Democratic Caucus, which currently holds the voting majority in the lower chamber, said they'd review bill language "if or when" it's introduced, denying further comment. The ACLU of Pennsylvania also declined comment until a bill is formally put forward.
White cites state law that established PHEAA which includes a provision that financial assistance can be denied due to a conviction on a misdemeanor charge involving moral turpitude or a felony. The law includes expulsion from a university along with conviction on a crime interfering with the "orderly conduct" of activities, administration or classes at an institution of higher education.
Sen. Wayne Fontana, D-Allegheny, is the chair of the PHEAA Board of Directors. He said White's reference to existing law is misinterpreted. If someone is jailed, he said financial aid could be denied but once they've paid their debt they'd be again eligible for funding.
Fontana said he doubts the bills would clear the House or Senate, and he expects any action would lead to amendments changing bill language and potentially its intent.
"For me, I just think it's a little much. Everyone has a right to protest but they have to do it lawfully. I'm all for that and I get it. I just don't know that PHEAA is the right instrument to deter them with," Fontana said.
