Understanding the laws connected to free speech and civic engagement is important as you consider how to get involved.
The First Amendment
The First Amendment protects many freedoms, such as freedom of speech, including through peaceful protest. It prevents the government from passing laws that restrict those freedoms.
Speech is protected by the First Amendment even if the ideas being expressed are offensive or hateful. As a public university, the University cannot prohibit those kinds of speech or punish individuals who participate in it; however, it condemns speech that supports prejudice and discrimination and makes campus hostile for members of the University community. The University can restrict certain types of speech not protected by the First Amendment. In each section below, we explore how that applies.
In our open public spaces on campus, the University can implement regulations regarding the time, place, and manner of speech to ensure that the campus can operate effectively. For example, it can restrict the amplification of outdoor speech near classrooms, so that instruction can happen without interruption. These time, place, and manner regulations are reflected in a number of University policies, which apply regardless of the content or viewpoint of speech.
Types of Speech
The University's mission commits it to creating a positive campus climate while allowing the expression of different points of view. Sometimes your beliefs and values may directly conflict with others on campus, but their actions are not punishable by the University or the law. For example:
- A unit or college may invite a speaker who discusses ideas or a point of view others find unethical or hateful
- A University-affiliated student group may sponsor a conference in which the identities of other groups are questioned or criticized
- A unit or college may sponsor an event that is protested by various community members
Offensive speech turns into hate speech when it slanders, demeans, or humiliates a group of people based on their identity or lived experiences. It does not have an official legal definition, yet the First Amendment protects speech that is hateful. Hate speech can show up as:
- Non-directive slurs
- Vilifying statements
- Disparaging stereotypes
- Use of certain symbols and iconography
It’s important to recognize that the right to free speech comes with costs. Words and expressive actions can cause harm to individuals and groups. In a university setting, the commitment to freedom of expression can sometimes challenge efforts to foster a sense of belonging for all students on campus.
Certain ideas and actions are not protected by the First Amendment. Usually, the bar for speech to lose First Amendment protection is very high; however, you should still recognize the types of unprotected speech so you can avoid participating in it and report it when necessary. Unprotected speech includes:
- Defamation: Making false statements about someone
- Discriminatory Harassment: Speech based on a person’s protected identity that is so severe, persistent, or pervasive that it interferes with that person’s ability to work or learn at the University
- Fraud: Creating false materials with the intent to mislead
- Incitement and Fighting Words: Provoking imminent violence and/or criminal activity
- Obscenity: Creating sexual content that has no value
- True Threats: Statements or actions that a reasonable person would interpret as a serious expression of intent to inflict physical harm on an individual or group
See more: The First Amendment: Categories of Speech
University community members who believe they have been discriminated against or harassed based on a protected characteristic should report to the Bias Response and Referral Network (BRRN).
FAQs
What is the difference between free speech and free expression?
Freedom of speech refers to the right to express your views via speaking or writing, while freedom of expression includes all types of expressive activity you choose to communicate your opinions.
Can I demonstrate against an invited speaker?
Yes. The First Amendment permits countering free speech with more free speech. As a public university and marketplace of ideas, the University allows many types of speakers and events on campus, but that does not imply endorsement from the University. That said, a demonstration against an invited speaker cannot interfere with the speaker’s ability to share their message.
Can I protest another protest on campus?
Yes, the First Amendment permits countering free speech with more free speech. Both demonstrations must follow University policy and not create safety concerns.
Can I cover or tear down posters and flyers I do not agree with?
You can hang an alternate poster or flyer next to it, but you cannot remove or cover the original work. Posters that go against University policy will be taken down by Facilities Management.
How does free expression apply to the internet and social media?
People are generally free to express themselves on the internet and social media. The University cannot censor content or initiate student conduct or criminal proceedings simply because someone posts an offensive message online, but the University will take all available steps to eliminate a hostile environment caused by offensive speech and to ensure that anyone harmed by speech is supported. A social media provider, however, may make banning or removal decisions based on its specific guidelines.
What rights do I have as a University employee?
Faculty have what’s called academic freedom: the freedom to discuss relevant issues in the classroom, to conduct research, and to speak on matters of public concern. Staff and student workers may engage in free speech and expressive actions outside of work hours.
Everyone maintains their First Amendment rights as a private citizen when they speak on behalf of themselves and not the University.
Can I publish what I want in a University publication?
Mostly yes, due to freedom of the press in the First Amendment. However, University organizations should follow their established guidelines and standards when creating or searching for content.
How does the University respond to those who break policy or the law?
Students who break the law may face arrest, and those who violate University policy may be referred to the Office for Community Standards.
What are my rights as an international student involved in civic engagement?
View this resource from International Student and Scholar Services or contact [email protected] with further questions.