Our overriding conclusion can be stated briefly and explicitly. The pepper spraying incident that took place on November 18, 2011 should and could have been prevented. On November 18, 2011, University of California, Davis, police officers used pepper spray on students sitting in a line in the midst of a protest and “occupation” on the campus quad. Viral images of the incident triggered immediate and widespread condemnation of the police action. The UC Davis protest focused on and drew strength from widespread discontent among students about the increase in tuition and fees at the University of California. The incident also took place against the backdrop of worldwide student protests, including demonstrations by the Occupy Wall Street movement, which triggered similar events across the nation. These protests presented challenges for all affected universities and municipalities in attempting to balance the goals of respecting freedom of speech, maintaining the safety of both protesters and non-protesters, and protecting the legitimate interests of government and the non-protesting public.
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