The response from the University of Birmingham to discipline two of those students, Mariyah Ali and Antonia Listrat, has drawn fierce condemnation. They had been charged with violating the student code of conduct while engaging in a protest. On May 22, the two purportedly raided a corporate shareholder’s meeting, provoking felony charges. This incident raised important questions about the students’ 1st Amendment rights to freedom of speech and protest on campus. If the university’s policies were being subjected to the same rigorous standard, we wouldn’t be here today. That has ignited a tremendous wave of grassroots support for the students.
According to the University of Birmingham’s code of conduct, a 14-day notice period is required for protests held on campus. This compliant federal guideline, once covered here by Listriat, has become the center of the large debate surrounding students’ rights. Ali and Listrat each claim that the university’s enforcement of this rule stifles their capacity to protest peacefully. They believe this limitation impedes their artistic expression. They maintain that the regulations are not just discriminatory, but foster a climate of fear and intimidation toward activism.
In their testimony, Ali and Listrat invoked the United Nations’ principles on the right to freedom of expression. They drew on these inspirations to creatively and assertively claim their right to protest. The European Legal Support Centre filed legal opinion to the misconduct panel on behalf of the students. In doing so, this singular action proved their absolute resolve in defending their rights. The university has strongly denied any claims that its Freedom of Speech Code of Practice is illegal. Yet they are holding the line on their end despite these attempts.
A university spokesperson stated, “It was developed with expert internal and external legal advice, and has been relied upon in a High Court judgment.” Additionally, they noted a deep and long-held institutional commitment to freedom of speech and academic freedom.
The university’s walkback has come under fire from many, including conservatives. Ellen Shobrook, president of the Birmingham branch of the University and College Union (UCU), called it devastating. She is fiercely passionate about things not being this way. She drew attention to the fact that the students’ punishment is disproportionate and repressive in nature. Targeting peaceful protest with such heavy-handed laws generates a chilling effect, suppressing everyone’s right to express dissent peacefully.
A Change.org petition in support of Ali and Listrat has so far collected more than 2,000 signatures. It’s already promisingly supported on behalf by some big hitters, most notably, former Labour leader Jeremy Corbyn. The Guild of Students took action too, promising to offer emotional support for impacted students from its trained Advice team. A spokesperson for the Guild noted, “Our elected officers have worked with the University to uphold students’ legal right to protest on campus and represent the student body.”
Ali and Listrat started a crowdfunding campaign, known as UoB2, to fight the ongoing misconduct action. The prospect of expulsion had caused a lot of fear regarding their academic future. Ali reflected on the emotional toll, stating, “There was this uncertainty about whether either of us were going to graduate.” She also added, “I was not even able to apply for some postgrad opportunities.”
The insensitivity of that incident led to community discussions about political activism, campus censorship and racism more broadly. Ali noted that it is emblematic of the increasing trend of Islamophobia and its overlap with repression of pro-Palestinian activism. For her, the battleground issue ties into the larger fight against Islamophobia at her campus and beyond. This issue more than any other has resulted in blurring pro-Palestinian activism with what’s seen as scary and menacing.
In a shocking turn of events, Listrat discovered even more disturbing details about HER treatment as she sought to expose the university’s conduct. Her findings shook Shogan to her core. “I recently did a Subject Access Request and found that the university has kept a folder on me with CCTV footage,” she stated. This shocking news landed just as debate over student surveillance and privacy has been raging.
As the situation continues to unfold, both Ali and Listrat were cleared by a misconduct hearing last week, alleviating some immediate concerns regarding their academic standing. The effects of what they experienced don’t go away as they continue their education while trying to look over their shoulder at the threat of potential retribution.
