Free Speech and Academic Freedom on Campus FAQ – @theU

The University of Utah is committed to open, free and robust discussion, debate, and exchange of ideas as an indispensable part of its educational mission—especially when the ideas expressed are controversial and unpopular.

The university supports creative, thoughtful, and respectful discourse where conflicting perspectives are vigorously debated and thoroughly discussed. And the university is dedicated to affording all members of its community protections of free speech, expression, assembly, religion, and press available under the U.S. and Utah constitutions and all applicable federal and state laws.

At the same time, the university has an obligation to ensure the safety and security of people and property, and that university operations, functions and events are not disrupted. The time, place, and manner of community members’ exercising their rights of free expression, speech, assembly, and religious worship are subject to campus regulation. These regulations apply to all members of the university community, including students, faculty, staff, administrators, volunteers, and non-affiliated members of the public, while on university property.

Some frequently asked questions:

FAQ

What does free speech look like on campus, and what are the guidelines for protests?

The right to free expression as defined by the First Amendment is preserved and protected on the campus of the University of Utah. However, the safety of the campus community must also be protected.

Read the U’s full free speech policy and the Student Code of Conduct.

To understand how to protest legally on campus, refer to this guide of “do’s & don’ts” from the Office of the Dean of Students.

Can I set up structures or tents as part of my protest?

Setting up structures or encampments on university property is tightly regulated.

Camping at the University of Utah is governed by the State of Utah Administrative Code, which limits overnight camping without a permit to two occasions: waiting in line for the sale of tickets to an event on university property, and tailgating activities within areas designated by the university the night before or the night of a sporting event.

Learn more about the rules, how to follow them, and why they exist in this piece from @theU.

What is considered hate speech at the University of Utah? Is hate speech prohibited?

The term “hate speech” is not defined by law, and no such category exists as an exception to the First Amendment. Thus, even if speech is hateful or offensive, it is still protected by the First Amendment, unless it includes speech that is not protected (e.g., criminal threats, direct incitement to violence, obscenity, defamation). (According to DOS site.)

To be clear, criminal acts (such as assault, murder, arson, vandalism or threats to commit such crime) that are motivated by hate on the basis of race, color, religion, national origin, sexual orientation, gender, gender identity, or disability are not protected by the First Amendment and are considered hate crimes at the federal level. (According to justice.gov)

Regarding hate speech, legal scholars have supported the idea that the best way to respond to hateful or offensive speech is not to limit it but to encourage more speech. For example, as Justice Louis Brandeis famously wrote, “[i]f there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.” Whitney v. California, 274 U.S. 357, 377 (1927).

Likewise, the American Civil Liberties Union believes that: “where racist, sexist, and homophobic speech is concerned…more speech—not less—is the best response.” This is particularly true at universities, where the mission is to facilitate learning through open debate and study and to enlighten. (According to DOS site.)

Where are the public forums on campus?

All outdoor spaces on campus are open to public speech. Other university spaces may be reserved through the scheduling office for speech activities. Read more in this @theU article on free speech.

More detail on Utah law here:

How is public disagreement managed on campus?

The exploration of controversial ideas and learning how to thoughtfully consider divergent viewpoints is an essential part of the college experience. University of Utah community members can disagree reasonably while still fostering a campus climate where all voices and perspectives are welcomed and respected.

President Taylor Randall’s Viewpoint Representation and Expression Task Force is exploring how to do this by “evaluating and assessing our campus climate related to the acceptance and diversity of a broad range of ideological viewpoints.”

You can learn more about the task force and its work here.

What is law enforcement’s role in managing expressions of free speech and protests?

The University of Utah Department Public Safety’s most important job is to preserve public safety on campus. That means maintaining order and preventing violence during the exercise of free speech—whether at a quiet student gathering, during a faculty member’s speech or panel discussion, an event with an invited guest, or at an organized protest in a public forum like the Union Building grass and walkways, or Marriott Library Plaza.

University Police are neutral and impartial. The nature of the speech they protect is not considered. Officers will only intervene in free speech activities when:

• One community member’s or group’s exercise of free speech moves beyond reasonableness and inhibits the lawful free speech of another, thereby creating a significant infringement and disruption of an event or gathering,
• The exercise of free speech violates university policies by disrupting the institution’s educational mission, including interrupting classroom lectures and student work, student services functions and building operations, or
• When criminal or unlawful activity breaks out—including threats of violence or physical assaults.

Use of force is always a last resort. University Police will communicate, negotiate and de-escalate first. If counter demonstration at an event is becoming unsafe, officers may advise and request that organizers consider rescheduling the event to allow for additional safety planning.

University Police receive regular training in managing free speech events so as to make certain students, faculty and staff can exercise their full rights under the First Amendment. If you are planning a public event and would like a safety analysis with staffing recommendations, including plainclothes officers’ attendance, call U Police at 801-585-2677.

How will the university address violations of free speech?

If faculty, staff, or students engage in inappropriate behavior that violates free expression on campus and the law, the university will address the behavior in accordance with its general rules and policy guidelines.

What are the rules for posting fliers and signs on campus?

Signs, notices and posters are covered by the university’s speech policy (V. Signs, Literature and Structures). Posted fliers can be notices of meetings and events, expressions of opinions about social and political topics, or simply art. They may express challenging, and even offensive, ideas. But they cannot include obscene content, be defamatory, or incite lawlessness.

(According to this @theU article on posting fliers and signs on campus.)

General guidelines:

• Only individuals or registered organizations from the campus community can post signs, notices, fliers or posters on bulletin boards and kiosks maintained by the U for general purposes and located on campus. (Note: The university and its units may designate bulletin boards for particular purposes not open to general posting).
• The university entity, group or sponsor must be clearly identified on the posting.
• University trademarks and brands may not be used without permission.
• Only one sign, notice or poster affiliated with a specific event is permitted on a single bulletin board at any one time. Up to a total of three signs, notices, or posters authored or sponsored by the same organization or member of the University community are permitted on a single bulletin board at any one time.
• Signs, notices or posters are encouraged to be on an 8.5-inch-by-11-inch piece of paper. All signs, notices, or posters must be smaller than 8.5 inches by 14 inches.
• A sign, notice or poster may not cover another sign, notice or poster.
• All fliers must be dated. (Note: Expiration dates stamped on Union Building fliers do not indicate university approval of the content of the posting.)
• Postings are not allowed in classrooms.
• Signs, posters and fliers may not be posted on trees, buildings, walls or other structures.
• Messages cannot be written, painted or chalked on university property or on the personal property of others.
• The University may remove any sign, notice, or poster that does not meet these guidelines or for which the expiration date has passed.

Groups that follow these rules may still post fliers and signs that are offensive to identities, beliefs and cultures of other campus community members. While obnoxious, divisive and simplistic, those statements do not violate the university’s free speech guidelines as outlined by state and federal laws.

Content that is posted without following these rules is subject to immediate removal by the University.

What if offensive fliers or signs are posted in my classroom? Who has the responsibility to take those down?

Per the university’s speech policy (V. Signs, Literature and Structures), reasonable public spaces indoor and outdoor are provided by the university for the posting of notices, posters, signs, etc. that follow the above guidelines and processes. The university does not permit postings in classrooms. If fliers, signs or posters are posted in a classroom, faculty have the right to remove them.

Faculty could consider discussing their reasoning behind such actions with students. The Martha Bradley Evans Center for Teaching Excellence offers advice on how to handle challenging situations in the classroom. Below are a few strategies:

Consider the following strategies and resources to facilitate difficult discussions and effectively address challenging situations in the classroom:

• Define the objective of your discussion and explain your role as facilitator of the discussion
• Role model respectful language and behavior
• Anticipate your (and students’) triggers
• Address emotional responses from students early on
• Refer to established discussion guidelines
• Intentionally guide the discussion
• Respect silence and ask to hear new voices
• Connect the discussion to course content
• Allow time for student and self-reflection
• Follow up with students after class
• Debrief with a colleague

Can students deface or remove offensive fliers or posters in classrooms? In hallways and other public spaces?

If fliers are posted consistent with the requirements of the university’s speech policy, they are protected and should not be removed or defaced. If students object to a posted flier, they may respond with their own speech by posting their own fliers, so long as they also comply with the requirements of the speech policy.

Students should talk with faculty or the Office of the Dean of Students if they have concerns about fliers or posters displayed in classrooms.

Learn how to post fliers and posters legally.

How does freedom of expression play out in a classroom? Is it the faculty member’s responsibility to moderate and facilitate student discussion and debate?

The University of Utah is committed to preserving both freedom of speech and the other rights in the U.S. Constitution that are guaranteed to campus community members. The Supreme Court has ruled that the First Amendment protects students and teachers in public schools, such as the University of Utah. However, the First Amendment rights of students are not absolute. Conduct that materially disrupts classwork or involves substantial disorder or invasion of the rights of others is subject to discipline.

Discussion and expression of all views relevant to the subject matter of a class are recognized as necessary to the educational process. However, students have no right to impinge on the freedom of instructors to teach or the right of other students to learn. If a student persists in behaving disruptively in class after the instructor has explained the unacceptability of such conduct, the instructor may dismiss the student from the class and may refer the matter to the Office of the Dean of Students. Upon dismissing a student from class, the instructor shall immediately notify the Dean of Students of the action so the student may be informed of the student’s right to appeal the dismissal. (According to DOS site.)

Can faculty and staff participate in political speech? 

Employees are welcome to weigh in on any issues of public concern and are free to lobby politically and support political candidates. They must do so though in a personal capacity, outside of work hours and using their own resources.

This means that employees should not use university email accounts, letterhead, office supplies and equipment or other university resources to engage in these activities. In addition, employees are expected to make it clear that they are speaking on their own behalf and not on behalf of the university.

Academic freedom is of the utmost importance for faculty at the university. It is recognized as a right of all members of the faculty, whether with or without tenure or continuing appointment, of all administrative officers, and of all students. However, faculty members must avoid exploiting the university’s name, brand or their own relationship with the university for personal reasons unrelated to their legitimate academic or professional activities. They must not intentionally create the impression, in public appearances or statements, that they are representing the university unless, in fact, they are.

The Office of Academic Affairs has developed a website with guidance for public communication, social media posting, reporting threats or harassment, and links to safety and support resources.

Will U leaders issue statements about political issues?

No. As a state institution of higher education, the University of Utah follows state law and policy guidelines set by the Utah System of Higher Education.

The university’s statement on institutional neutrality is posted on the Academic Freedom website. University leaders are committed to remain neutral in their official capacity and to refrain from taking public positions on political, social, or unsettled issues unless an issue directly affects the core mission, role, or pedagogical objectives of the university. This obligation does not apply to faculty, staff, or students who have the right to speak on matters of public concern on their own time and using their own resources.

Consistent with the Utah Board of Higher Education’s neutrality resolution governing freedom of expression on state college and university campuses, the U and its administration will not weigh in on the subject matter of the speech expressed, but will publicly communicate to the university community the appropriate ways to engage in public speech.

Administrative leaders at the University of Utah acknowledge their role to encourage and promote debates, not to settle them.