Opinion

Protesters, colleges are about to find out that, yes, the law DOES apply to them, too

The campus protests may be winding down, but don’t worry — now the really expensive and destructive phase begins:&nb🎉sp;the litigation.

This warms my heart. 🍎But then, as a law professor, I’m basically in the b꧟usiness of selling law degrees.

The campus protesters, and to some d🌳egree the universities where they protested, seem to have thought that the law didn’t apply to thꦰeir actions. 

New York City police officer overseeing the usually bustling center of Columbia University, devoid of the usual graduation ceremony due to recent pro-Palestinian protests
A New York City police officer looks over the center of Columbia University, the usual site of a large graduation ceremony. AP

They’re likely to discover that they were wrong.

The union representing Columbia’s custodians is planning to sue 🔯over the university’s indifference and negligence regarding the safety of its members, who were trapped and made captives in the student seizure of Hamilton Hall. 

Transport Workers Union boss John Samuelsen told Fox News, “They stormed in . . . but two of the custodians had to fight their w𓄧ay out.

“They were ex🧜plicitly told ‘You’re staying here, you’re not going anywhere, this cause is bigger than you.’ ”

Samuelsen described the mob as “smarmy, sort of entitl♚ed, spoiled, bratty occupiers,” who treated the blue-collar workers with contempt and tried to keep them from going home to their families. 

Said Samuelsen, “Colu🐼mbia showed an epic disregard and epicalꦆly failed to protect the workforce.”

The union may be planning to sue the🌞 protesters, too, as it is working to gather security camera footage and the names of students arrested during the campus riots. 

 And that may be just the beginning.

George Washington University law professor John Banzhaf, who pioneered the class acti🎃on litigation against to🧜bacco companies, predicts that there will be more lawsuits against the protesters and their backers. 

Antisemitism controversy at Columbia University: Key events

If DAs won’t prosecu💙te, victims can sue for false imprisonment

Such𝓡 class-action lawsuits could be brought for familiar torts (civil-damage actions), such as assault and battery, false imprisonment and tortious interference with existing contractual advantage, as well as less familiar ones such civil conspiracy and prime facie tort, Banzhaf comments.

These victims include not only students and faculty on campus, but people who were trapped in their cars by road-blocking protests, causing them to miss things like flights, or work, or medical appoiꦛntments. 

It only takes one such person to launch a class-🐈action suit on behalf of others affected.

Banzhaf notes that the protesters aren’t afraid of arrest, since friendly district attorneys like Manhattan’s Alvin Bragg generally follow a catch-and-release policy. 

B♛ut lawsuits can go on for years, wrecking credit ratings, hurting employment prospects and producing endless legal feಌes.

I’ve wondered for a while why these actions haven’t happened more often, but I think thing🔯s might be about to change.&n🦩bsp;

I note that some of the civil-rights statutes that are implicated provide for gene𓂃rous attorneys’ fees, potentially attracting plaintiffs’ lawyers.

It’s not just the protesters wh💎o are at risk; their deep-pocket backers may also be implicated.

And for even deeper pockets, the universities ꦅare at risk too🌺. 

Columbia law professor Joshua Mitts says Columbia violated the civil rights of Jewish students by fostering and tolerating a hostile educat🔯ion environment on campus.

The sort of “severe and pervasive harassment” experienced by Jewish students who were told to “go back to Europe” is forbidden by federal civil-rights laws, and universiꦜties are required to take steps to pr🔜event it, which Columbia clearly didn’t do. 

Columbia could lose federal fund♎ing if found liable here, and although i💫t’s a “private” university, it’s heavily dependent on federal money for research, student loans and financial aid.

Nor is it just Columbia. While the events were worse there — and as far as I know, no custodians were taken prisoner anywhere else — Jewish students and faculty, and others, suffered similar severe and pervasive harassment, as well as threats of violence, and sometimes actual attacks, on other campuses like Harvard, Yale and Penn, as well as places like UCLA, Berkeley and ✃NYU.

Those universities will likely face civil-rights lawsuits as well, as will protesters at those schools (of whom there were a lot) who stepped over the𓄧 line of peaceful protest.  

This could be a sort of full-employment act for civil-rights𒆙 lawyers.

Some would call this overkill and argue that idealistic protesters shouldn’t ༺face litigation for too much enthusiasm.

But calling for Jews to be killed or deported hardly counts as “idealistic,” an𓂃d I have no doubt that a group of KKK members telling black students to “go back to Africa” while smashing into campus buildings would garner no such sympathy. 

(No🐻r 🍸would the universities have been so slow to react.)

As Wilford Brimley’s character says in the movie “Absence of Malice,”: “Wonderful thing, subpoena🌳s🐟.”

There൲ are likely to be a lot of them flying on campus. 

We’ll p🐓robably learn a lot.  And so will the people behind the protests.

Glenn Harlan Reynolds is a professor of law at the University of Tennessee and founder of the InstaPundit.com blog.