Scenarios
A Speaker in a Public Area on Campus
Imagine there is a speaker on campus saying things that you deem hateful.
Is this behavior protected by the First Amendment?
Yes, it is.
Why are they allowed to be here?
The First Amendment protects nearly all speech, including speech that is annoying, rude, offensive and potentially hateful to you. On a public university campus, plazas and sidewalks are public forums where free speech can occur.
What can you do?
There are many different options you can choose. Very often, the speaker is deliberately provocative in an attempt to gain an audience. One option is to ignore them completely and deny them that audience. You also have the right to rebuttal. You can engage in counter speech as an extension of your First Amendment rights. Additionally, if you believe you have experienced or witnessed an act of hate, bias, discrimination or harassment, report it so the university can follow up appropriately.
What can you not do?
It is very important to note that you cannot touch any speaker, no matter how offensive you view their speech. By doing so, you might violate laws or university policies, while also obscuring the validity of your point of view.
A Speaker in a Classroom
Suppose that one of your professors is bringing in a guest speaker/lecturer that you believe is inappropriate or offensive.
Is this protected by the First Amendment?
Yes.
Why are they allowed to be here?
It is important to note that the principles of academic freedom protect freedom of inquiry and research, freedom of teaching and freedom of expression and publication. Academic freedom offers broad discretion to educators regarding free inquiry and the exchange of ideas and opinions expressed in a university setting, and it grants universities the right to determine their educational mission without restraint. All that being said, there are still things you can do.
What can you do?
You can protest the speaker outside of the building in public areas. If you plan to use amplified sound during your protest, you”ll first need to get approval. You can also use social media to protest and raise awareness about the speaker and your objections or points of rebuttal. Another option, if there’s a time for audience members to speak, such as a Q-and-A time, is to express a dissenting view or critique the speaker’s position.
What can you not do?
You cannot disrupt the class or speaker. This may violate and subject you to student disciplinary action under the university’s standards of conduct for students.
A Speaker Invited to Speak on Campus
Imagine there is a speaker known to say things you deem hateful who has been invited to speak on campus by a member of faculty, staff, registered student organization or other recognized group.
Is this speech protected by the First Amendment?
Yes, it is.
Why are they allowed to be here?
The First Amendment protects nearly all speech, including speech that is annoying, rude, offensive and potentially hateful to you. By allowing students access to use university facilities, such as auditoriums, classrooms and other buildings, to host speakers, the university has opened up such forums as public forums. Therefore, the university will not, and legally may not, discriminate based on content or viewpoint.
What can you do?
As mentioned in the previous scenario, there are many different options you can choose. Very often, the speaker is deliberately provocative in an attempt to gain an audience. One option is to ignore them completely and deny them that audience. You also have the right to express your disagreement during the event, outside the venue or on social media in accordance with the guidance and limitations listed above.
Additionally, if you believe you have experienced or witnessed an act of hate, bias, discrimination or harassment, report it so the university can follow up appropriately.
What can you not do?
You may not disrupt or obstruct the presentation. You may not block attendees from entering into or exiting from the event. It is very important to note that you cannot touch any speaker, no matter how offensive you view their speech. If you do, you may be subject to student disciplinary action or arrest.
Disagreement with University Administration
Imagine you would like to protest action by university administration by physically and actively expressing your disagreement.
What can you do?
You have a range of options. You may circulate a petition or send a letter voicing your concerns to the administration. You may request to meet with university officials to discuss your concerns. You may engage in peaceful protest or picket with leaflets, singing, chanting or carrying signs in a space open to the public, such as the area outside the building or within lobbies during business hours.
What can you not do?
You may not engage in an occupation/sit-in of an office or other non-public space in a university building in violation of the university’s time, place and manner regulations. If you do, you may be subject to student disciplinary action or arrest for trespassing.
You may not block traffic into or out of the room, floor or building. You may not obstruct or disrupt university staff or officials while they are fulfilling their duties. If you do, you may be subject to student disciplinary action for obstruction or disruption of teaching, research, administration or other university activities.
You may not engage in tagging or mark university facilities with graffiti. If you do, you may be subject to student disciplinary action for destruction or damage to university property or arrest for vandalism/graffiti.
