Catholic University of America rules student did not engage in ‘disorderly conduct’ through satire of conservative student group

The Catholic University of America (CUA) charged a student with “disorderly conduct” after he made satirical posts on social media criticizing the university’s chapter of Young Americans for Freedom and its stance against transgender athletes competing with their preferred gender. About a week later, the charges were lifted. 

Key Players

The Catholic University of America, a private pontifical university in Washington, D.C., has a total enrollment of some 5,000 undergraduate and graduate students. The school’s chapter of Young Americans for Freedom is one of more than 100 clubs and organizations available for the student body to join. 

Young Americans for Freedom (YAF) is the chapter affiliate of the Young America’s Foundation, a 501(c)(3) nonprofit, conservative youth organization dedicated to promoting conservative ideas across the nation. 

Rory O’Connor, a CUA sophomore, mocked the YAF chapter with memes after the organization posted a picture to Instagram affirming its stance against transgender athletes. 

Foundation for Individual Rights in Education (FIRE), a nonprofit civil liberties organization, came to O’Connor’s defense. The organization was founded in 1999 with the stated mission of protecting American college students’ and faculty’s individual rights, including Free Speech, due process, legal equality, and religious liberty.

Further Details

On March 23, 2022, the YAF chapter posted to Instagram about Lia Thomas, a transgender college athlete who had recently won the NCAA championship in the 500-yard freestyle for the University of Pennsylvania women’s swim team, with the headline “Change My Mind, Save Women’s Sports.” 

YAF’s post invited those who disagreed to stop by a campus event space to discuss and debate with its representatives. In objection, O’Connor posted a series of edited, popular memes on his Instagram story and tagged the YAF account in all of them. 

On March 27, 2022, YAF filed a complaint against O’Connor with the student conduct office. While O’Connor had created 19 stories, YAF was “particularly concerned” by one that featured a viral meme of the children’s cartoon “Arthur,” which depicted a character holding a baseball bat with the caption, “My terms to stop cyber billing the shit out of @catholicuyaf are simple: Do you wanna keep your post or do you wanna keep your kneecaps?” 

However, O’Connor told Reason his posts were made in “good humor,” adding he intended to “criticize and satirize the Catholic U YAF for, what I believe at least, was a blatantly exclusionary and disrespectful event.” 

But YAF’s complaint prompted CUA to launch an investigation. On March 29, the university notified O’Connor he was charged with violating the student code of conduct by engaging in “disorderly conduct,” because of allegations that he “threatened student representatives of Young Americans for Freedom with bodily harm via [his] Instagram post.” 

Outcome

FIRE calls on university to terminate investigation  

On April 1, 2022, FIRE wrote to CUA demanding the university halt its investigation. Stressing that O’Connor’s posts constituted protected satire, FIRE argued punishing him “for this political criticism would run counter to one of the fundamental purposes of freedom of speech.”

FIRE also said YAF publicly opened itself to criticism by stating “Change My Mind” in its post, and therefore O’Connor’s post was not a “serious expression of an intent to commit an act of unlawful violence,” and did not qualify as harassment or a true threat.

Additionally, FIRE contended CUA’s action conflicted with its institutional promise of free expression and its informal “no cancellation” policy, which the university had publicly pointed to with pride in November 2021. According to FIRE, CUA did not respond to the organization’s letter. 

O’Connor cleared of charges

On April 4, 2022, CUA held a hearing, at which O’Connor was found “not responsible” for “any disorderly conduct.” 

During the proceeding, YAF members stated they did not feel physically threatened by O’Connor’s posts, leading the student conduct office to conclude O’Connor’s memes were satirical and nonthreatening, per Reason. 

O’Connor thanked FIRE for its “immense help” and said he felt “vindicated” by the outcome.