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Babson College Finds FIRENot Responsible for Harassment in Post-Election Speech Case

Two Babson College students for student conduct charges relating to their through the campus of Wellesley College, FIREhas confirmed.

During that drive, Babson students Edward Tomasso and Parker Rand-Ricciardi displayed a 鈥淭rump 2016鈥 flag and shouted pro-Trump slogans, choosing the campus of Democratic presidential candidate Hillary Clinton鈥檚 alma mater to gloat about their candidate鈥檚 electoral victory. After an investigation by Babson officials was unable to substantiate allegations that the students spat at Wellesley students and used epithets, FIREwrote to Babson College explaining why the students鈥 political speech鈥攖he only remaining conduct at issue鈥攃ould not serve as the basis for harassment and disorderly conduct charges. Today, we鈥檙e pleased to learn that Babson鈥檚 disciplinary process has cleared the students of the charges against them.

As the Boston Globe鈥檚 Kevin Cullen noted, allegations of the students鈥 conduct :

Their obnoxious gloating seemed like the impulsive, deliberately provocative act of a couple of immature college kids. But by the time the story got retold second and third-hand on the third rail that is social media, the two offenders sounded more like hooded Klansmen than hoodie-wearing college kids.

The claims on social media became part of the narrative in stories that appeared in many news outlets, including the Globe.

Someone claimed the Trump flag was a Confederate flag. The Babson students were accused of yelling a slur commonly used to demean lesbians, of screaming racial epithets, of purposely driving to the house that is a gathering spot for Wellesley students of color to intimidate those there. A Facebook posting that went viral accused one of the Babson students of spitting on a black student. The Babson students got death threats.

But Babson鈥檚 investigation was ultimately unable to substantiate many of these allegations, including allegations that the students used epithets and spat on or in the direction of Wellesley students. (The latter act, spitting toward students, had allegedly occurred while police and campus security were present, but officers didn鈥檛 witness the conduct.)  That left the students鈥 political speech鈥攚aving a flag and shouting pro-Trump slogans鈥攁s the solitary basis for the charges against them.

While FIREis a non-partisan organization, political advocacy of all stripes lies at the core of freedom of expression. As FIREpointed out in its letter sent to Babson in advance of Friday鈥檚 hearing, the students鈥 political speech could not serve as a basis for charges against them without contradicting Babson College鈥檚 to respecting its students鈥 freedom of expression. Political speech, as we noted, will often offend or be seen as obnoxious, but that cannot serve as a basis to punish or restrict it:

The principle of freedom of speech does not exist to protect only noncontroversial expression; rather, it exists precisely to protect speech that some members of a community may find controversial, offensive, or alarming. Politeness may dictate that one should be magnanimous in victory, but freedom of expression knows no such limitation. Otherwise, authorities or college administrators would be free to limit speech at their own discretion, whenever they subjectively deem it too impolite, obnoxious, or inflammatory.

FIRE co-founder and civil rights attorney Harvey Silverglate went further in last week, condemning Babson鈥檚 premature banishment of the students from campus during the pending investigation:

The unseemly faculty and administration rage was tempered only when Babson and Wellesley campus police reported they could find no evidence to support any of the allegations of racism. Babson鈥檚 campus ban on the two students was immediately lifted. Yelling 鈥淭rump 2016鈥 and 鈥淢ake America Great Again鈥 out of the windows of a vehicle is not a crime in the USA, nor a recognized offense 鈥 at least not yet 鈥 on a liberal arts campus.

While the charges should have been dismissed before the hearing for lack of evidence, we鈥檙e pleased that Babson officials have ultimately concluded that the charges against their students lacked merit.

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