Free Speech Policy

A.        “Expression” means any lawful verbal or written means by which an individual may communicate an idea to another individual.  

B.        “Campus Forum” means (1) an outdoor area of campus (as defined below) or (2) any non-academic and publicly open portion of a facility that this state-supported institution of higher education has traditionally made available to members of the campus community for expressive purposes.

C.        “Member of the Campus Community” means an enrolled student, an administrator, faculty member, staff member, registered student organization, a group seeking official recognition as a registered student organization, or an invited guest of any of the foregoing persons or groups.   

D.        “Large-Scale Event” means (1) an event that involves the use of amplified sound; (2) an event that involves the placement of a stage, carts, vehicles, trailers, or multiple tables; or (3) a parade, demonstration, or similar planned event that: (a) can reasonably be expected to attract 50 or more people, including participants and spectators or (b) can reasonably be expected to require additional security, crowd control, or other substantial University resources. A Large-Scale Event does not include a spontaneous, contemporaneous assembly of members of the campus community.

E.        “Non-Member of the Campus Community” or “Non-Member” means all persons, groups, clubs, or other organizations that do not come within the definition of “Member.”

F.        “Registered Student Organization” or “RSO” means an organization (including a club) comprised of University students that is registered with the campus office of student involvement and leadership.

G.        “Outdoor Area of Campus” means the generally accessible outside areas of the campus of a state-supported institution of higher education where members of the campus community are commonly allowed, including grassy areas, walkways, and other similar common areas. “Outdoor Area of Campus” does not include outdoor areas where access by the majority of the campus community is restricted.

H.        “Student” means any person who is enrolled on a full-time or part-time basis at this institution. 

This Policy shall, wherever possible, be construed in a manner that is consistent with other University and campus policies. Those policies may include (but are not limited to) the following: 

A.      Facilities Use 

The utilization of campus facilities is generally governed by Board of Trustees Policy 705.1, University of Arkansas Systemwide Policies and Procedures 715.1, and applicable campus policies on facilities use.

B.      Academic Freedom   

This Policy shall not be interpreted as limiting, expanding, or otherwise affecting the rights and obligations of faculty as set forth in Board of Trustees Policy 405.1.

C.      Discrimination and Harassment 

This Policy shall not be interpreted as allowing any speech that would constitute impermissible discrimination or harassment under an applicable state or federal law or campus policy.

The University shall not restrict the expression of a member of the Campus Community in a Campus Forum based on (1) the viewpoint of the expression or (2) reaction or opposition from listeners to or observers of the expression. A Campus Forum may be used for expressive activities so long as they meet the following requirements:

 1. A member of the Campus Community may not materially disrupt a previously scheduled or otherwise reserved activity.

2. An expressive activity must not violate local ordinances, state laws, federal laws, this policy, or another University policy regarding:

a. Compliance with state and federal laws on discrimination and harassment; or

b. The productive and efficient operation of an instructional or work environment.

3.The duration of the expressive activity may be limited to a reasonable period of time, based on the type of event and the resources required to manage it.

4.There shall be no obstruction of entrances or exits to buildings, driveways, parking lots, or other campus locations.  

5. An expressive activity must not disrupt vehicular traffic, pedestrian traffic, or scheduled University programs or events. A speaker’s use of walkways or other common areas may not block the free passage of others or impede the regular operation of the University.

6. An expressive activity must not create unreasonable safety risks.

7. There shall be no alteration, modification, defacement, or destruction to University-owned or University-leased property.

8. Expressive activities are subject to any campus policies on the permissible posting of signage, use of chalk, or other alterations to University structures.

9. The erection of tents or any temporary structures must be inspected for safety and approved by the Associate Vice Chancellor and Dean of Students.  Construction of other structures is not permitted.

10.       The location for the expressive activity must be left in its original condition at the conclusion of the event, and individuals are responsible for ensuring that any trash or litter is properly discarded. Any person or entity that causes damage to University-owned or controlled property will be responsible for paying any charges necessary to return the property to its original state. Similarly, reasonable cleaning charges may be assessed.

11. Amplification equipment such as loudspeakers are allowed only with prior permission from the Associate Vice Chancellor and Dean of Students. Such requests will be evaluated for the potential disruption of regular University activities or processes.

12. Expression that is obscene, defamatory, or consists of fighting words or threats of physical harm, incites imminent lawless action, or is otherwise not entitled to First Amendment protection is not permitted.

13. Except as provided in other University policies, University property may not be used for the purpose of promoting a commercial enterprise or raising money for projects not connected with a University activity.

14. By making a reservation or using a University space for expressive activity, the organizer agrees to be financially responsible for all costs associated with the use of the space—including (but not limited to) security costs related to invited participants, clean up, and repair of damage to University property. Moreover, if warranted by the nature of the event, the University may require a requestor to obtain appropriate liability or other insurance coverage and/or to indemnify the University, its officials, and employees for any claims pertaining to the use of University grounds.

 15. Only official academic and administrative units of the University, University-related foundations and the University alumni association, and registered student organizations with approval of their faculty advisor, are allowed to reserve outdoor spaces during “dead days,” any official final examination periods, or the dates of any Official University Commencement activities.

16. Unless officially authorized to do so, no person engaging in expressive activity may represent or give the impression that the person or organization is speaking on behalf of the University, including through the use of the University name, marks, images, or logos. Communications regarding an event may factually state a university location for an event, but shall not state or imply University sponsorship or endorsement of an event unless it is in fact conducted by the University.  

17. First priority for use of Campus Forums shall go to the University’s academic and administrative units, and the University reserves the right to modify or cancel reservations accordingly. All uses of the University’s indoor and outdoor spaces remain subordinate to the University’s right to use them at any time to advance the mission of the institution.

18. Event organizers shall make available accurate contact and event information to University officials to enable communications regarding compliance with University policies, including as necessary regarding event security and crowd control arrangements.

A. Use of Campus Forums

Members of the Campus Community are encouraged to make a reservation to engage in an expressive activity at a Campus Forum at least 3 days in advance of any planned use. Members of the Campus Community must make a reservation for any Large-Scale Event and receive prior approval from the Associate Vice Chancellor and Dean of Students at least 3 days in advance of any planned use of a Campus Forum. Members of the Campus Community may, however, spontaneously and contemporaneously assemble, speak, and distribute literature at Campus Forums without receiving prior approval, but they are otherwise subject to the provisions of this policy.  

Non-Members of the Campus Community must make a reservation and receive prior approval from the Associate Vice Chancellor and Dean of Students at least 3 days in advance of any planned use of an Outdoor Area of Campus. Non-Members of the Campus Community may not use indoor areas unless authorized pursuant to the campus policy on facilities use.  

B.      Reservation Preference

In instances in which prior permission from the University is not required, persons are still encouraged to contact the Director of Campus and Community Engagement for scheduling purposes to minimize possible conflicts. Persons with a reserved space will have priority over any other persons seeking to use the area during the scheduled time period for an expressive activity.

 

C. Reservation Requirement for Other Locations 

There are certain additional locations on campus, including certain indoor facilities, that may be made temporarily available to Members or Non-Members of the Campus Community for assemblies, debates, or other expressive activities as designated by the University. Examples of such locations vary by campus but may include building foyers and auditoriums. The use of such locations may entail security concerns, scheduling conflicts, or resource constraints. Where allowed, persons desiring to use such locations may request a reservation pursuant to facility-specific policies.  A list of such reservable facilities is available at Presence.   Approval of reservations may be conditioned on acceptable security arrangements, insurance, or payment of fees.

Other locations on campus are typically restricted for their intended purpose and cannot be reserved for expressive activities. Examples of such locations vary by campus but generally include the following: libraries, the hallways and classrooms in academic buildings, dormitory rooms, faculty and staff offices, administration buildings, medical treatment facilities, research and computer labs, and athletic fields and facilities.

D. Registered Student Organizations, Organized Demonstrations, and Large-Scale Events

The right to freedom of expression includes organized demonstrations. At the same time, this right does not allow individuals to materially disrupt the University’s operations or endanger the safety of others. Accordingly, Large-Scale Events must receive prior approval from the Dean of Students at least 3 days in advance of the event or activity.[1]

The University will work with the requesting person to either approve the request or find a suitable time and location. To ensure safety on campus, the University may require the requesting party to provide a parade route, hire security, ensure ingress and egress to facilities, or take other steps to maintain the safety of campus. Demonstrations and protests are not permitted in buildings. All participants must follow applicable laws and policies.

This policy does not designate all publicly accessible outdoor locations on campus or any indoor location as a traditional public forum, regardless of whether it is a Campus Forum under this policy.

E. Denials and Revocations       

A denial or revocation of permission to engage in an expressive activity shall generally be based on a reason set forth in this policy or other applicable policies of the Board of Trustees or University of Arkansas System. However, no policy can address every possible activity or situation that may occur on University property, and the University reserves the right to address such situations as circumstances warrant. Any decision to deny a reservation for a Campus Forum shall be promptly communicated in writing to the requester and shall set forth the basis of the denial. Any such denial must be based on clear, viewpoint-neutral criteria.

F. Grievances 

Anyone aggrieved by the application of these rules or an alleged abridgment of free speech on campus may submit a written grievance within 10 days to the decision Vice Chancellor for Student Affairs and Enrollment Management or designee.
 

[1] Students’ use of a single table, cart, booth, or similar structure that does not exceed three feet by six feet (3’ x 6’) is permitted without a reservation so long as the time, place, and manner guidelines are followed.

Violations of this policy by Members of the Campus Community may result in review and sanctions under applicable University policies and procedures, including, but not limited to, the campus code of student conduct, employee handbooks, and campus nondiscrimination policies. Violations of this policy by other persons may result in removal from campus or arrest. Members and Non-Members of the Campus Community may also lose their privileges to use campus grounds and facilities in the future, in addition to criminal sanctions. Any criminal proceedings are separate from the University’s sanctions. The University will enforce this policy in a content-neutral manner.