By Halena Sepulveda at Kent State University
Broadcast version by Mary Schuermann reporting for the Kent State-Ohio News Connection Collaboration.
A bill currently making its way through the Ohio legislature could increase the penalties for people arrested while protesting in the state.
Ohio House Bill 109 would create three new felony charges of "riot assault," "riot vandalism" and "bias motivated intimidation." These charges are fifth-degree felonies, and can be raised up to third-degree felonies if the alleged assault results in the injury of a law enforcement officer.
The first two charges would intensify the penalties for offenses like rioting and disorderly conduct. "Bias motivated intimidation," a new charge, would make it a felony to cause harm to a person or their property because of their status as a first responder.
The legislation is one of several bills written as a response to protests that occurred during the summer of 2020. It has seen significant partisan support from Ohio's Republican State Representatives after it was introduced by primary sponsors Rep. Sarah Carruthers (R-Hamilton) and Rep. Cindy Abrams (R-Harrison) in February.
"As a former Cincinnati Police officer, this bill hits close to home," Representative Abrams said via email. In 2001, she served as a member of a 15-officer response team that responded to civil unrest.
"The violent actions of a few bad actors place everyone at risk - peaceful protesters, community members, and law enforcement," Abrams wrote. "HB 109 ensures that the individuals seeking to harm others during these mass gatherings are held accountable."
Opponents of the bill argue that it threatens the First Amendment rights of Ohioans. Gary Daniels, chief lobbyist for the ACLU of Ohio, says organizations that plan or promote protests and demonstrations could be at risk.
If violence breaks out at any level during a protest, the organization that promoted or planned the event could be in violation of HB 109 and Ohio's corrupt activity laws, which involve the engagement or attempted engagement in conduct defined as "racketeering activity"
"All the years that I've been doing this work, I haven't seen a bill as bad as this with regard to free speech rights," Daniels said.
Ohio is currently in the second year of its two-year legislative session, which will end in December 2022. House Bill 109 passed in Ohio's House of Representatives and is waiting on a decision from the Senate. If the Senate approves the bill, it will go to Gov. Mike DeWine for a signature or veto.
The legislature will adjourn for recess during the beginning of June and will reconvene in November.
"I am working with my colleagues in the Ohio Senate and across the aisle to pass this bill and have high hopes HB 109 will be signed into law by the end of the year," Abrams said via email.
Ohio defines a riot as a group of four or more people who gather and violate disorderly conduct codes, intending to commit a misdemeanor or prevent a public official from doing their job.
Organizations like the ACLU of Ohio are concerned of what the passing of HB 109 will mean for future protests and the right for Ohioans to assemble for causes they care about.
"I think the result for an awful lot of people is they are just going to simply stop speaking, stop participating, stop planning, stop demonstrating," Daniels said.
This collaboration is produced in association with Media in the Public Interest and funded in part by the George Gund Foundation.
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UPDATE: A statement about the arrest from the University of Cincinnati has been added. (8:10 a.m. MDT, Apr. 3, 2025)
A recent arrest on the University of Cincinnati campus is sparking outrage among civil rights advocates, raising new concerns about student speech, academic freedom and the treatment of Muslim and pro-Palestinian voices across the country.
A University of Cincinnati student was arrested this week - allegedly for waving a Palestinian flag. Videos posted online show five police officers tackling the student as he repeatedly asked if he was under arrest.
Khalid Turaani, CAIR-Ohio executive director, called the incident an attack on civil liberties.
"We unequivocally condemn the arrest of student activists and the alleged attack on freedom of speech and academic freedom. For police officers to attack a student for raising a Palestinian flag is beyond the pale as Americans," he said.
The University of Cincinnati released a statement on the incident:
"UC Police arrested a student who was protesting against a free speech demonstration occurring on campus that involved non-university affiliated preachers. Police officers warned the student several times not to impede the movement of the demonstrators. The student became involved in an altercation with the demonstrators and disregarded police officers' directions. Student was subsequently arrested for disorderly conduct and resisting arrest."
The Council on American-Islamic Relations said the arrest fits a troubling national pattern. Over the past month, students at institutions such as Columbia, Georgetown and Tufts have been detained. Some have been transferred to detention centers in Louisiana or had their visas revoked.
Turaani said Americans around the country should be cautious.
"It's creating an atmosphere that is reminiscent of the McCarthyist era where people are going to be assaulted or jailed or targeted because of things that they say or because of the belief that they have," he continued.
Turaani warned the recent wave of arrests could especially impact international and Muslim students, who may feel silenced for speaking out, and speaks directly to them.
"You are in the forefront of this civil rights movement. Everybody went through that. It seems this is our turn, to defend the civil rights of the rest of America for freedom of expression, for academic freedom, for human rights," he said.
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Debates over academic freedom and diversity initiatives have intensified nationally and in Ohio.
Senate Bill 1, known as the Advance Ohio Higher Education Act, proposes significant changes to the state's public higher-education system. The bill aims to ban diversity, equity and inclusion programs, prohibit faculty strikes and mandate post-tenure reviews for professors.
At the national level, the detention of Columbia University activist Mahmoud Khalil has sparked widespread protests.
Jay Saper, a member and leader for the group Jewish Voice for Peace, expressed deep concern.
"We are absolutely outraged that he has been abducted from his home for speaking up for Palestinian liberation," Saper explained. "As Jews, we understand what it means to experience fascism."
Khalil's detention has ignited debates about free speech and civil liberties, resonating with ongoing discussions in Ohio, where the bill's proponents, including bill sponsor Sen. Jerry Cirino, R-Kirtland, argued the legislation seeks to promote intellectual diversity and prevent perceived ideological indoctrination within Ohio's public universities.
Scott DiMauro, president of the Ohio Education Association, expressed concerns about the bill's potential effect on academic freedom and labor rights.
"There are very serious attacks on collective bargaining rights embedded in that law," DiMauro pointed out. "And it is one of these culture-war fronts where extremist politicians are trying to eliminate all efforts at inclusion and diversity and accessibility."
As Ohioans consider the implications of the bill, the broader national discourse on free speech and diversity initiatives in higher education continues to evolve. The bill now awaits consideration in the Ohio House of Representatives, where further debate is expected.
Reporting by Ohio News Connection in association with Media in the Public Interest and funded in part by the George Gund Foundation.
Disclosure: Jewish Voice for Peace Action contributes to our fund for reporting on Civic Engagement, Human Rights/Racial Justice, International Relief, and Social Justice. If you would like to help support news in the public interest,
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In Tennessee and nationwide, communities are celebrating Black History Month, recognizing the contributions and achievements of African Americans to American history.
Historian Carter G. Woodson launched what was initially Negro History Week in 1926 to honor the works of Black educators, inventors, lawyers, entrepreneurs and artists.
Martin Luther King III, third chairman of the Drum Major Institute, human rights activist and the only surviving son of the late Reverend Martin Luther King Jr., is among those carrying forward the legacy and said he remains committed to advancing his father's vision of equality, justice and creating legacy daily.
"It's about building something every day," King emphasized. "Hopefully, something that can make a difference in our community, in our society, in our cities and also in our world. It doesn't have to be massive that way, it can just be something small. But it's what you do to sort of make a contribution in life."
The U.S. Civil Rights Trail includes 14 locations in Tennessee, according to the state's tourism office. Beyond Black History Month, King stressed the need to restore civility in today's political climate, focusing on the importance of rebuilding dignity, respect and inclusivity, ensuring all people are treated as human beings.
The national response to President Donald Trump's executive order dismantling diversity programs has been mixed and King acknowledged the country's deep divisions. He believes his father would encourage more dialogue to foster understanding and achieve unity. He noted the country calls itself the "United" States of America but lately is seeing too much hostility and even hatred.
"Rights are being lost," King outlined. "Some are banning books. We still don't have the full right to vote without some encumbrances. We still don't, all of us, have health care. We certainly still don't have a system of justice that works for everyone."
King highlighted his "Realize the Dream" initiative, encouraging Tennesseans and people nationwide to complete 100 volunteer service hours in honor of his father's 100th birthday in 2029.
He added the initiative is inspired by Martin Luther King Jr.'s 1967 book, "Where Do We Go from Here: Chaos or Community?"
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