Joseph M. McShane, S.J., President Fordham University Page 2 of 10
the People’s Republic of China (PRC).
See
https://www.bbc.com/news/world-asia-china-42465516. In this post, Mr. Tong appeared in the backyard of his parents’ home holding a lawfully obtained Smith & Wesson rifle, pointed at the ground, with a caption reading “Don’t Tread on Me.” In the post and subsequent comments, Mr. Tong passionately identified the Tiananmen Square massacre as a “huge deal.” He said he believed “freedom comes from a strong and armed populace” and that “Violence against any citizen should not be tolerated, and the Second Amendment protects us from that.”
See
https://www.instagram.com/comrademeow/?hl=en. On the night of June 4, 2020, allegedly due to “multiple student complaints related to [Mr. Tong’s] social media posts,” including the claim that his posts were “grotesque” and “racist,” Fordham dispatched two uniformed public safety officers to visit Mr. Tong at his parents’ home in Long Island, New York. The officers were directed to “discuss the Instagram posts” and assess whether Mr. Tong “presented danger to himself and others.” Mr. Tong allegedly told the officers he purchased the rifle so his family would have protection from the threat posed by ongoing riots and social disorder in New York City. He affirmed his Instagram post of June 4, 2020, was related solely to the anniversary of the Tiananmen Square massacre.
See Affidavit of Keith Eldredge
at ¶¶ 29 – 32, 35 (Aug. 14, 2020) (“Eldredge Aff.”) (attached as Exhibit A). Fordham’s officers determined Mr. Tong had purchased the firearm lawfully and that he posed no threat to the Fordham community.
Id.
at ¶ 37. Nevertheless, Fordham deemed Mr. Tong’s constitutionally protected speech “a
security
threat
” (emphasis added).
Id.
at ¶ 38. Fordham apparently was concerned because “in referring to Black Lives Matter protests, [Mr. Tong] stated that he was ‘aware of the chaotic situation that needs me to keep [sic] family safe.’”
Id.
at ¶¶ 36, 56. On June 8, 2020, Fordham’s Assistant Vice President and Dean of Students Keith Eldredge commenced a formal investigation against Mr. Tong. Dean Eldredge, who had actual and apparent authority to speak and act for Fordham, did not allege Mr. Tong presented a danger to himself or others. Instead, the political content of Mr. Tong’s speech was the gravamen of his inquiry. [I]t is alleged that you were involved in an incident in which you may have violated the University Code of Conduct, University Regulations and/or Office of Residential Life policy. Specifically, it is reported that on June 3 and 4, and in the recent past, you made several posts on social media related to the
current racial issues in the country and political issues in China
, including one in which you were holding an automatic [sic] weapon. (Emphasis added.) Fordham claimed Mr. Tong’s Instagram posts may have constituted “(1) Violation of University Regulations relating to Bias and/or Hate Crimes, (2) Threats/Intimidation, and (3) Disorderly Conduct.” Eldredge Aff. at ¶ 39.