Freie Universität Berlin’s Policy on Political Activity and Protests on Campus
October 22, 2024
(1) Mission of the University
The ability to freely choose topics for research and teaching and to organize them within the framework of academic freedom, as guaranteed by Article 5.3 of the German Basic Law (Grundgesetz, GG), is constitutive for all universities in Germany and therefore, of course, also for Freie Universität Berlin.
Being an educational and research institution, the university has a social mission. In particular, it strives to develop solutions for social issues and the advancement of society – as outlined in Section 4.2 of the Berlin Higher Education Act (Berliner Hochschulgesetz, BerlHG).
In order to see the university flourish in research and teaching, we must pursue knowledge and information with both dedication and critical reflection. We must engage in controversial debates with clashing opinions and be willing to do so both inside our university community and in broader contexts with the general public and other areas of society.
(2) Core Principles of University Debate Culture
With due sensitivity given to the role played by differences such as power dynamics and a keen appreciation of diversity, Freie Universität Berlin and its members are both responsible for and dedicated to acknowledging and promoting respectful, fair, and supportive interactions. This is the only way to guarantee that all members experience a university community based on trust, where everyone is recognized in their individual personality, dignity, and lived reality and can prosper in their (academic) work.
As stated in its Diversity Strategy and Action Plan, Freie Universität Berlin opposes any and all forms of discrimination based on nationality, ethnic origin, racist and antisemitic attribution, religion and ideology, gender, sexual orientation, disability, chronic illness, or social status.
(3) The Political Aspects of University Discourses
Universities are also political forums where general political developments, higher education policies, and social conflicts are reflected upon and discussed on the basis of research. Consequently, the university also has a responsibility to engage with such questions within the university and foster dialogue about them with different groups in society. It is called upon to make use of research findings to influence society, to explain issues, to put them into context, and even to provide warnings.
In this respect, it is crucial that universities not only uphold academic freedom, but also defend it with regard to politics in general and higher education policymaking more specifically.
In particular, it is essential that the university addresses higher education policy issues and governance. Freie Universität Berlin wants university members from all status groups to be involved in higher education politics, as stipulated in Section 4.1, last sentence, of the Berlin Higher Education Act (Berliner Hochschulgesetz, BerlHG). University management will therefore continue to support this involvement. This also includes providing possibilities for assembly and rooms for activities and events staged by academic committees and groups organized around university governance structures.
(4) Political Events
Regarding all of the aforementioned areas of responsibility, university management, as well as the framework for research and teaching itself, must adhere to a neutrality principle that rules out preference for specific parties or political positions. Against this backdrop, the management of Freie Universität Berlin does not want to open the campus to parties and associations that are not related to the university. For this reason, it has introduced the following provisions:
(1) Freie Universität Berlin does not permit on its premises any demonstrations, gatherings, or other events that are organized as part of general political issues.
(2) In particular, Freie Universität Berlin does not provide rooms for events staged by political parties or organizations affiliated to parties. Party-political promotional material or activities are not allowed at the university (e.g., election advertisements, promotion at events, posters, or fliers).
These provisions do not rule out the possibility of (partisan) political discussions and debates taking place within the academic framework of research and teaching, or of inviting politicians to take part in discussions.
Political demonstrations may be permitted in publicly accessible areas on the Freie Universität Berlin campus within the scope of Germany’s freedom of assembly laws, but the police or other administrative authorities must be informed, and the police may monitor the event on site. In this respect, publicly accessible refers, as a rule, only to spaces (closed rooms and open-air) that are not specifically dedicated to university operations.
University groups who organize events on campus are required to designate contact persons who will be responsible for running events and communicating with university management.
(5) Protests and Demonstrations on Campus
Debates within the university and in/with society may sometimes include protests staged on campus and in university buildings. A diverse culture of protest has been seen at Freie Universität Berlin since its beginnings. Protest meetings, sit-ins, teach-ins, and the occupation of lecture halls or other areas on campus, etc. have taken place time and again. University management acknowledges that such actions have the potential to productively change society (and therefore also universities).
Unannounced and unauthorized political gatherings, demonstrations, and other events are not permitted in the buildings of Freie Universität Berlin, i.e., in corridors, lecture halls, seminar rooms, laboratories, or outdoor areas that are not generally open and accessible. While university management is interested in and has the duty of promoting dialogue and appreciates the commitment of students and staff, there is also a need to keep the peace at the university, ensure proper operation of the university, and protect university staff and students.
If such events nevertheless take place or if university premises are occupied, university management will then need to assess whether, when, and how it wishes to make use of its rights to deny access to premises and, if necessary, call upon the police and law enforcement authorities to enforce them. It endeavors to weigh such decisions with due care and to back them up with sound reasons.
The main aspects that are assessed in each individual case are as follows: compatibility with the principles of a supportive, diversity-sensitive, and non-discriminatory culture of debate; the protection of all members and guests of Freie Universität Berlin from violence, hate speech, or other hostile acts (this includes the protection of persons participating in events or protests); the risk of escalation, in particular as a result of violations of the legal framework that threaten public peace (e.g., incitement to hatred or use of symbols belonging to anti-constitutional or terrorist organizations); damage to property; disruption or prevention of regular operations in research, teaching, and administration at the university; options for alternative, constructive ways of engagement and dialogue in order to articulate legitimate concerns without disrupting university operations.
In recent years, university management has conducted risk assessments regarding occupations on campus. The findings emphasize the potential dangers not just for the participants, but for everyone on campus. Decisions regarding occupations are made on a case-by-case basis. Experience has shown that overnight occupations in particular have posed a significant safety threat, which is why they were not permitted in the past. By prioritizing the protection and safety of its members, Freie Universität Berlin is upholding its duty to maintain the conditions that enable the university to remain an open venue for constructive, non-violent debate and respectful, inclusive exchanges, as well as ensure that all its members can contribute to this community in a conscientious and responsible manner.