First Amendment on Campus

• “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” U.S. Const. amend. I.

• University may not discriminate based on what people are saying. It must remain “content neutral.”
• For speech to be protected by the First Amendment (protected speech) it must:
  
  • Address a matter of public concern; and
  • Be expressed in an individual’s capacity as a private citizen.

Note: Speech that some find hateful or offensive is protected speech unless it crosses into one of the categories listed below.

• The First Amendment DOES NOT protect speech that:
  
  • Constitutes a threat
  • Is fraudulent or illegal
  • Is harassment, as specifically defined by law
  • Incites imminent lawless action
  • Is purely commercial
  • The University may place reasonable time, place, and manner limitations on campus speech to ensure University operations are not disrupted.  For example:
    
    • Time
      • The University may regulate time when speech activities take place to:
        • Provide full and fair opportunity to get message out.
        • Ensure all viewpoints get equitable opportunity to share information.
        • Ensure campus activities are not substantially disrupted.
• Place
  • Public forums— The University has very little right to regulate protected speech in public forums.
    • Example – by W Plaza, on sidewalks outside of buildings, Sangren Mall, etc.
    • Limited public forums— The University may place some content-neutral restrictions on speech in limited public forums.
      • Example—Rooms in the student center
      • The University may charge a fee.
      • It may restrict the time of day or duration of use.
      • It may require advance event registration.

• Non-public forums—The University may restrict or prohibit using non-public forums for protected speech.
  • Example—Private offices or classrooms
• Manner
  • Example— University may stop someone from damaging University property to convey their message, such as digging up a grassy area to put up a sign or defacing a building.
  • The University may prevent the Speaker from restricting the free flow of people moving on campus or otherwise disrupting campus activities.