Civil liberties organization says student’s silent, orderly protest was protected by the First Amendment

The ACLU of Virginia announced today that it will provide legal representation to a George Mason University student who was arrested recently for trespassing and disorderly conduct while silently protesting the presence of military recruiters on campus. The ACLU maintains that the student’s right to protest is protected by the free speech clause of the First Amendment.
On September 29, Tariq Khan, a GMU junior and U.S. Air Force veteran, positioned himself several feet from a military recruiting table set up in the Johnson Center on the GMU campus. Khan wore an 8 ½ by 11 inch sign reading “Recruiters Tell Lies” taped to his chest.
Despite harassment from fellow students, Khan remained quiet. When told by a University official that he needed a permit to “table” in the Johnson Center, Khan politely responded that he was not using a table, but merely standing quietly and expressing his opinion.
After refusing to move, Khan was handcuffed by campus police, dragged to a police vehicle, and transported to a Fairfax County police facility where he was booked for trespass and disorderly conduct. He is scheduled to appear in court on November 14.
“The right of an individual to stand quietly in a public place protesting the government is fully protected by the First Amendment,” said ACLU of Virginia executive director Kent Willis.
“The fact that this arrest took place on the campus of a public university named after the person who may be most responsible for the Bill of Rights is more than ironic,” added Willis.
“As a Pakastani-American protesting the military, Mr. Khan may have been an easy target for harassment and arrest,” added Willis. “But the First Amendment is supposed to protect all expression, regardless of the speaker’s political viewpoint or ethnicity.”

Contacts: Kent Willis, Executive Director and Rebecca Glenberg, Legal Director, 804-644-8022