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Freedom of speech is the right of a person to articulate opinions and ideas without interference or retaliation from the government which includes �ϰ�������. Particularly in the university setting, the term “speech” constitutes expression that includes far more than just words, but also what a person wears, reads, performs, protests and other expressive activity.

In the United States, freedom of speech is considered one of our most fundamental rights, strongly protected by the First Amendment of the U.S. Constitution, Article 1 of the Constitution of the State of Florida, as well as other state and federal laws. The United States’ free speech protections are among the strongest of any democracy; the First Amendment protects even speech that many would find offensive, hateful or harassing. As such, any restrictions on the right of free speech should and will receive a great deal of thought, skepticism and review.

The �ϰ�������, as a public institution, is governed by the U.S. Constitution’s First Amendment, which limits �ϰ�������’s ability to restrict freedom of speech, even if the content is considered offensive or hateful. Additionally, the Florida Legislature through the Campus Free Expression Act has designated certain outdoor areas of Florida’s public universities as areas open to free expression for all. The University cannot prohibit speakers from coming to campus just because individuals from the campus or surrounding community disagree with the content of the speaker’s message.

�ϰ������� can set limits on an individual or group’s form of expression that are not related to the content of their speech. Those limits include setting content-neutral reasonable time, place and manner restrictions to ensure safety of the campus community, to protect expressive rights of all and to ensure that activity will not substantially disrupt or impede the normal academic and administrative operations of campus. It is the safety risk or disruption – not the speaker’s viewpoint – that would be the sole basis for any restriction.

The U.S. Supreme Court has identified certain categories of speech that do not receive First Amendment protection. In the University setting the most relevant exceptions to the First Amendment are:

• True threats: Statements where a speaker means to communicate a serious expression of an intent to commit an act of violence or otherwise harm an individual or group and the individual or group reasonably would perceive the statement as an immediate threat to their physical safety.

   

• Incitement of illegal activity: There is no right to incite people to break the law, including to commit acts of violence. To constitute incitement, the U.S. Supreme Court has said that there must be a substantial likelihood of imminent illegal activity, and the speech must be intended to causing imminent illegal activity.

   

• Harassment as defined by the University's Non-Discrimination, Equal Opportunity and Inclusion Regulation (1.0040R) and Sexual Misconduct and Title IX Sexual Harassment Regulation (1.0050R) is not protected. For students, the U.S. Supreme Court explained that unwelcome conduct or speech is not protected when a reasonable person would determine that it is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to education." Harassment, as defined by the U.S. Supreme Court, is a high bar and generally hateful or other offensive speech in and of itself receives First Amendment protection. Typically, harassment involves a pattern of or repeated conduct.

   

• Additionally, vandalism and expression that constitutes obscenity or defamation is not protected. The listed exceptions to the First Amendment have been written into the student conduct code, employee policies and general �ϰ������� policies that address acceptable means of speech by all on our campus.

   

The U.S. Supreme Court has said that public entities such as �ϰ������� have discretion in regulating the “time, place and manner” of speech. The right to speak on campus does not mean a right to speak at any time, at any place or in any manner that a person wishes. To an extent, �ϰ������� can regulate where, when and how speech occurs to ensure public safety and achieve other important goals such as maintaining the functioning of campus operations.

A valid time, place and manner restriction on expressive activity will satisfy a three-part test. The regulation must 1) be content-neutral (i.e. cannot regulate expression based on subject matter or viewpoint); 2) be narrowly tailored to serve a significant university interest (some examples include ensuring campus safety or preserving continuity of academic and campus operations without overly burdening expressive activity); and 3) leave open ample alternative means for expressive activity (i.e. reasonably restrict allowable times for assemblies, protests or demonstrations on campus, but allow such activity at any other times.)

�ϰ������� uses time, place and manner restrictions to ensure the safety of campus and the campus community, to ensure that academic activity and other campus functions can occur without substantial disruption and to ensure that the expressive rights of all persons on campus are respected. Some examples of �ϰ�������’s time, place and manner restrictions include but are not limited to:

• Dedicating/restricting certain areas of campus to a specific activity such as athletics facilities
• Prohibiting demonstrations, protests, and other expressive activity inside �ϰ������� buildings
• Restricting use of equipment without prior approval such as tents, canopies, tables, or structures
• Using amplified sound without prior approval
• Prohibiting items that could be used as a weapon or create a safety hazard
• Requiring large groups (i.e. 50 or more) to provide notice prior to a gathering, protest, or demonstration
• Restricting demonstrations, protests, assemblies and similar expressive activity to the hours of 8:00 AM to 8:00 PM.

You may notice that none of the examples of time, place and manner restrictions listed above reference the content or viewpoint being expressed. �ϰ������� highly respects First Amendment rights and will not restrict expressive activity just because some may find it offensive or even hateful. When time, place, and manner restrictions are applied properly, they serve to maintain a safe and orderly campus where all people can feel free to express their views.

When it comes to controversial speakers, �ϰ������� invokes its time, place and manner authority in order to hold events at a time and location that maximizes the chance that an event will proceed successfully, while ensuring the campus community is safe. �ϰ������� heeds its police department’s assessment of how best to hold safe and successful events.* However, �ϰ������� cannot prohibit a speaker because of the likely offensiveness of their message.

*Note: While the First Amendment analysis is largely the same, the way �ϰ������� handles official requests for campus speakers versus smaller impromptu spontaneous outdoor demonstrations is different. Official requests or a desire to use equipment such as structures, canopies and tables require facilities rental agreements and other processes not required of smaller impromptu expressive activities. Please see below FAQ’s entitled “How does �ϰ������� handle requests from outside speakers?” and “How does �ϰ������� handle assemblies, protests, demonstrations and speakers in public outdoor areas?”

Under the First Amendment, �ϰ������� cannot restrict expression of individuals or groups simply because some or maybe all members of the campus community disagree with or find their expression hateful or offensive. Further, under Florida’s Campus Free Expression Act, the public outdoor areas of campus are open to any person or group for lawful expression, subject to �ϰ�������’s enforcement of content-neutral time, place and manner restrictions.

However, certain conduct is not protected by the First Amendment. Some examples include but are not limited to stalking or harassing individuals or groups, actual or threatened physical harm, otherwise creating a safety hazard, infringing another person or groups right to free expression or disrupting �ϰ�������’s normal operations. If you see what you believe to be a violation of the law, contact the University Police Department at (904) 620-2800. If you see a violation of �ϰ������� policies, report it on the Dean of Students website.

Generally, outdoor areas of our campus that are accessible to the public are available to anyone for any lawful expressive activity subject to time, place, and manner restrictions. In most situations �ϰ������� may invoke its time, place, and manner discretion if an assembly, protest, demonstration or speaker is disrupting the normal functioning of the University, which includes a threat to health or safety, harassment of �ϰ������� community members as defined by �ϰ������� regulations or other unlawful speech. For example, use of amplified sound without prior authorization is prohibited as that could be disruptive of surrounding classroom and office space.

When �ϰ������� receives requests from outside speakers to rent campus space, the administration reviews those requests based on the appropriate facility use policies. �ϰ������� has and continues to welcome speakers with a wide range of viewpoints; there is no process to review the remarks of outside speakers. However, the administration reserves the right to decline or cancel any event if officials determine it poses serious safety risks or imposes an imminent threat of violence to campus. Further, space is available on a first-come, first served basis and outside speakers do not take priority over previously scheduled events.

Generally, no. Smaller impromptu or spontaneous expressive activity in the public outdoor areas of campus does not need prior approval or notice to �ϰ�������. However, some activities do require prior approval of �ϰ�������. For example, if your expressive activity is expected to include more than 50 people, �ϰ������� requires approval so that we can ensure that appropriate university resources are available and that the activity will not disrupt or interfere with previously scheduled events or classes.

Additionally, if you desire to use equipment during your expressive activity. such as tables, canopies, other structures, or amplified sound, then you will need prior approval from �ϰ�������. This is to ensure that the public outdoor areas of campus are available for use and accessible by the entire campus community and that certain activities do not disrupt or interfere with the normal operations of �ϰ�������.

Yes. Individuals may carry handheld signage during outdoor expressive activity. Handheld signs must be made of foam, cardboard or paper and may not exceed 24 inches by 36 inches. Handheld signs may also be mounted on sticks or posts, provided that the sticks or posts are made of wood, foam or plastic and do not exceed 48 inches in length and ½ inch in diameter.

Signs may not be left unattended, staked into the ground, or affixed to �ϰ������� property.

The term “hate speech” does not have a legal definition in the United States, but it often refers to speech that insults or demeans a person or group of people on the basis of attributes such as race, religion, ethnic origin, sexual orientation, disability or gender. While �ϰ������� condemns speech of this kind, there is no “hate speech” exception to the First Amendment, and it is only unprotected if it falls into one of the categories described above. In fact, on many occasions, the U.S. Supreme Court has explicitly held that prohibitions or punishments for hateful speech violate the First Amendment.

Just because there is a First Amendment right to say something doesn’t mean that it should be said. The First Amendment protects the right to say hateful things, but we strive as a campus to be a community where no one will choose to express hate.

Several public universities have denied requests from controversial speakers citing specific security threats as a cause to invoke prior restraint in the name of public safety.

However, cancelling events must be a last resort to be used only when the campus, despite taking all reasonable steps, has a specific basis to believe that it cannot protect the safety of its students, staff and faculty. Events can never legally be canceled based on the likely offensiveness of the speaker’s message.

�ϰ������� respects the First Amendment right of the entire campus community to express themselves without fear of discipline or retaliation for the content of their message. The First Amendment does not require, nor can �ϰ������� require, that individuals or groups share their viewpoints in a kind, calm and respectful manner. Individuals have a legal right to express themselves in ways that are mean, abrasive, disrespectful or downright annoying. However, civil discourse means disagreeing without disrespect, promoting understanding, seeking common ground and acknowledging that you may not always agree with others. �ϰ������� hopes our entire campus community will model civil discourse in their interactions with others.

Through various on-campus events, such as the Office of Public Policy Events, �ϰ������� strives to model civil discourse through public discussion of varying and divergent viewpoints on a particular subject matter. However, �ϰ������� is only one part of this model. We encourage our entire campus community to practice civility and respect in their interactions with others, even when they fundamentally disagree.

If you believe your safety is threatened, call the University Police Department immediately (904) 620-2800. Additionally, UPD can receive confidential reports using the Silent Witness form. You may also report concerns on the Dean of Students website.

The First Amendment allows for a wide range of views and expressions. At a university, it is very possible that you will hear views expressed that you fundamentally disagree with or find offensive. �ϰ������� has resources to help students learn to process disagreement and manage tough and sometimes emotional ideas and become resilient, including the following:

• Office of Community Engagement and Partnerships
• Counseling Center
• Dean of Students - Alternative Dispute Resolution Process
• Comprehensive list of support and resources