patrick.net

Sent via Electronic Mail ( president@fordham.edu )

Dear Father McShane:

FIRE1 is disappointed to once again have reason to write you to express our grave and continuing concern about the state of freedom of speech at Fordham University following the discipline of student Austin Tong for his social media posts. Tong’s posts are plainly protected by any reasonable conception of freedom of expression, a right that Fordham has publicly committed to uphold for its students.

Fordham must immediately reverse Tong’s disciplinary probation, allow him to return to campus when in-person classes resume, and clarify to all students that they will not face discipline for exercising the expressive rights Fordham explicitly promises to respect. ...

On June 3, Tong posted a photo of retired St. Louis Police captain David Dorn with the caption “Y’all a bunch of hypocrites.”2 Tong tells FIRE the post referred to his frustration, as a supporter of the Black Lives Matter movement, with what he refers to as “the nonchalant societal reaction over [Dorn’s] death.”

On June 4, the thirty-first anniversary of the tragedy at Tiananmen Square, Tong posted a photo of himself in his backyard with the caption, “Don’t tread on me. #198964 .”3
Tong is a Chinese-American immigrant and a rising senior at Fordham.

In response to these posts, Fordham investigated and held a hearing, at which the university found Tong responsible for violating university policies “relating to Bias and/or Hate Crimes” and “Threats/Intimidation.”4 As a result of this finding, Fordham issued the following sanctions to Tong:

II.

Disciplinary probation for the remainder of his tenure at Fordham, including prohibition from “represent[ing] the University in any extracurricular activity,” such as serving as leadership for student organizations or participating in varsity or club sports.5 Violation of this probation will result in “immediate suspension or expulsion from the University.”6
Prohibition from returning to Fordham’s campus without prior permission from the Dean of Students’ Office.7 As a result of this sanction, Tong is required to complete his coursework for the 2020-21 school year entirely online.8

Mandatory meetings and “activities related to learning about implicit bias” with Fordham Vice President for Multicultural Affairs, Juan Carlos Matos.9
Required apology letter and notification to Tong’s parents of his disciplinary sanctions.10
Disciplining Political Speech Betrays Fordham’s Commitment to Free Expression

2 Fordham makes clear promises—to its students, faculty, accreditor, and the general public— that students and faculty at Fordham have the right to freedom of expression. Punishing Tong for political expression is a disconcerting abdication of those commitments.