The ACLU of New Hampshire on Wednesday called on the University of New Hampshire and Dartmouth College to drop trespassing and disorderly conduct charges against pro-Palestine protesters arrested on May 1.
In a letter to the presidents of the two higher education institutions, ACLU Deputy Legal Director Henry Klementowicz characterized the police response on the two college campuses as “heavy-handed and excessive.” State police in riot gear, along with officers from UNH and Hanover, arrested approximately 100 people at simultaneous protests on opposite ends of the state during the evening of May 1.
“The steps your institutions took in response to these protests were swift and, in our view, amounted to a serious overreaction that has had profound implications for free expression on college campuses in New Hampshire,” Klementowicz wrote.
He criticized the decision to “sweep and disperse all peaceful protesters,” even when they did not set up tents, and described how both institutions were “directly involved” in the planning for and execution of the law enforcement responses.
Emails obtained via a Monitor right-to-know request uncovered that senior UNH administrators, including its president at the time, were in direct contact with Gov. Chris Sununu and his staff in the days leading up to the protest and that UNH police sent state police a security operations plan minutes before the start of the protest. A Lebanon District Court order acknowledged that protesters were arrested “at Dartmouth College’s behest.”
The ACLU-NH asked UNH and Dartmouth to “make a public, written request” to local prosecutors to drop charges against those arrested.
“These are steps that your institutions can easily take, as your institutions do have roles and responsibilities amidst this criminal process and should use this legally-authorized influence accordingly,” Klementowicz wrote.
In recent weeks, charges have been dropped against 28 of the 89 people arrested at Dartmouth, and reduced against 35 more, but they remain pending against the rest. At UNH, a campus police prosecutor has dropped charges against a student identified as a “counter-protester” and offered an unofficial plea deal to at least one more student, but charges remain pending against the rest of the 12 people arrested, including a student who has said he was mistakenly identified.
The letter also called on the university to request that prosecutors amend bail orders for those arrested to ensure they are not restricted from their campuses.
Lastly, the ACLU-NH called on the university presidents, Elizabeth Chilton of UNH and Sian Beilock of Dartmouth, to ensure that academic freedom and freedom of expression are protected.
“Our hope is that these events have caused your institutions to introspectively assess how to better respond to protests in the future, and how your institutions could reaffirm their historical commitment to free thought and the exploration of ideas,” Klementowicz wrote.
“The University of New Hampshire has a long and proud history of supporting the First Amendment and has been recognized multiple times by the Foundation for Individual Rights and Expression (FIRE) for its protection of free speech rights,” UNH spokesperson Tania deLuzuriaga said in a statement.
DeLuzuriaga added that those arrested can contact UNH prosecutor Frank Weeks “to discuss how to resolve their case.”
A spokesperson from Dartmouth did not respond to a request for comment. As of Wednesday afternoon, Klementowicz said he had not heard from anyone at either school.
Jeremy Margolis can be contacted at jmargolis@cmonitor.com.