Purpose
The purpose of this policy is to establish guidelines for respecting the 91ɬ (91ɬ) campus community’s right to free speech and expressive activity on campus while maintaining 91ɬ’s mission and operations.
Scope
The policy applies to all 91ɬ students, student organizations, employees, invited guests, and visitors.
Definition
Benefit: The recognition, registration, or use of 91ɬ facilities for meetings or speaking purposes, use of channels of communication, and use of funding sources that are available to Student Organizations.
91ɬ Property: Any premises or property owned, leased, or controlled by 91ɬ, including all real and personal property, resources, funds, information systems, and college-owned or controlled websites and social media accounts.
Designated Public Forum: 91ɬ property that has been opened up for use to certain groups or for the discussion of certain topics. Such restrictions may not be based upon the viewpoint of the speaker and must be reasonable in light of the purpose served by the forum. Examples of Designated Public Forums at 91ɬ include, without limitation, interior bulletin boards, official 91ɬ websites and social media pages, and reservable classrooms and meeting rooms.
Facilities Planning and Management Department (FPM): The 91ɬ department with authority over all 91ɬ physical/campus space.
Harassment: Expression that is unwelcome and so severe, pervasive, and subjectively and objectively offensive that a student is effectively denied equal access to educational opportunities or benefits provided by 91ɬ.
Indoor Public Areas: Facilities that have been opened up to members of the general public for a specific campus function. Unless designated for a specific campus function, indoor areas of 91ɬ property are not public areas.
Materially and Substantially Disruptive: Activity that results in any of the following:
- Materially disrupts the operations or functions of 91ɬ.
- Materially disrupts or prevents the communication of a message of another individual.
- Prevents a lawful meeting, gathering, or procession by:
- Engaging in fighting, violence or other unlawful behavior.
- Physically blocking or threatening or inciting violence to prevent an individual from attending, listening to, viewing, or participating in Protected Expressive Activity.
Nonpublic Forum: 91ɬ property that may be used only for its intended purpose and which may be subject to speech regulations reasonably related to the intended purpose. Examples of nonpublic forums at 91ɬ include, without limitation, administrative office space and other facilities not subject to a facilities use request.
Open Public Forum: 91ɬ property that has been opened for use to the Campus Community and Visitors for Expressive Activity. Restrictions on Expressive Activity in Open Public Forums may not be based on the viewpoint of the speaker but may be subject to content-neutral time, place, and manner restrictions. Outdoor Areas, as defined in this policy are considered Open Public Forums.
Outdoor Areas: The generally accessible outside areas of campus where students, administrators, faculty, staff, and invited guests are commonly allowed, such as grassy areas, plazas, or other similar common areas, and does not include outdoor areas of campus to which access by the public is restricted. Outdoor Areas do not include parking spaces or areas that are being used for 91ɬ educational activities or are otherwise reserved.
Protected Expressive Activity: Noncommercial speech or conduct protected by the First Amendment to the Constitution of the United States, including:
- Communicating by any lawful verbal, written, audio-visual, or electronic means.
- Participating in peaceful assembly.
- Protesting and counter-protesting.
- Making speeches, including speeches of guest speakers.
- Distributing literature.
- Carrying signs.
- Circulating petitions.
- Distributing pamphlets and other literature.
Student Organizations: An officially recognized group at 91ɬ or a group seeking official recognition, comprised of admitted students that receive, or are seeking to receive, Benefits through 91ɬ.
Visitors: Members of the general public who are not active members of 91ɬ’s faculty, staff, or student population who may access public areas of campus.
Policy
The First Amendment of the United States Constitution and the Constitution of the State of Idaho protect the rights of freedom of speech, freedom of the press, freedom of religion, freedom of association, and freedom to petition the government for all people. 91ɬ honors the Campus Community’s ability to exercise the First Amendment rights by establishing guidelines to promote free speech while maintaining a safe and operable campus.
As an institution of higher education, 91ɬ has a particular responsibility to safeguard free speech rights. The United States Supreme Court, in Healy v. James, described public colleges as “peculiarly the marketplace of ideas,” where students learn to exercise the constitutional rights necessary to participate in this system of government and to tolerate others’ exercise of the same rights.
91ɬ also recognizes its’ responsibility to provide a secure learning environment that allows members of the community to express their views in ways that do not substantially disrupt the operations of 91ɬ. Reasonable limitations may be placed on the time, place, and manner of free speech and expressive activities as deemed necessary by 91ɬ in order to serve the interests of health and safety, prevent disruption of the educational process, and protect against the invasion of the rights of others.
Guidelines
GENERAL CONDITIONS FOR USE OF 91ɬ PROPERTY
The following restrictions apply to activities on or using 91ɬ Property:
- Activities may not be conducted in a manner that violates any federal, state, or local law.
- Activities may not be conducted in a manner that violates the rules, regulations, or policies of 91ɬ that are designed to protect and promote the health, safety, and expressive rights of other 91ɬ Community Members.
- Activities may not be conducted in a manner or at a time or place that is either incompatible or unreasonably interferes with the educational or other legitimate functions of 91ɬ.
This policy does not permit activities which constitute the following:
- Defamation
- Incitement to commit unlawful conduct
- Imminent threats of actual violence or harm to others
- Obscenity
- Copyright or trademark infringement
- Harassment
- Trespass and/or malicious injury to property
- False advertising
Restrictions on all 91ɬ Property:
- Camping is the unauthorized use of 91ɬ property as a temporary or permanent place of dwelling, lodging, or living accommodations. Camping is prohibited on 91ɬ property.
- Commercial speech is any form of expression or activity that is primarily intended to advertise, market, sell or promote goods and services on behalf of any person or entity that is not a 91ɬ department or organization. Soliciting for contributions or donations is included in the definition of commercial speech. 91ɬ is under no obligation to make any campus areas or facilities available for commercial activities. Commercial activity shall only be permitted upon express authorization of FPM and only where the commercial activity supports student learning, is not aimed at the exploitation of students, and/or promotes or fosters 91ɬ’s mission.
USE OUTDOOR AREAS
91ɬ shall not create free speech zones or other designated outdoor areas of campus outside of which Protected Expressive Activity is prohibited. 91ɬ may maintain and enforce reasonable time, place, and manner restrictions applicable to Outdoor Areas that are narrowly tailored in service of a significant institutional interest only when such restrictions employ content neutral and viewpoint neutral criteria and provide for ample alternative means of expression. The following non-exhaustive list includes Protected Expressive Activities in Outdoor Areas and applicable time, place, and manner restrictions:
- Distribution of written materials: Students and student organizations may distribute non-commercial written or printed materials in in Outdoor Areas. Such written materials may include, but are not limited to, pamphlets, signs, notices, brochures, banners, handouts, and flyers. Individuals and groups engaged in the distribution of written materials must not litter and are encouraged to remove any distributed materials dropped on the ground by others.
- Passing of petitions: students and student organizations may circulate petitions in outdoor areas.
- Demonstrations: Students and student organizations may engage in demonstration, picketing, and oral presentations in outdoor areas.
- Tables, Displays, and Exhibits: To ensure safe pedestrian and vehicle traffic and to preserve and protect 91ɬ property, students and student organizations may reserve a “Reserved Public Area” for expressive activities involving the use of tables, chairs, booths, displays, or exhibits. To reserve a reservable outdoor area, individuals and organizations may submit a reservation request to scheduling@cwi.edu. Reservations shall be granted on a “first come, first served” basis. The reservation of space for the use of tables, chairs, booths, displays, or exhibits is intended to serve the narrowly tailored interest of protecting 91ɬ property and the safety of the 91ɬ community and shall not be construed to prohibit students and student organizations from spontaneously and contemporaneously assembling or distributing literature.
- Stakes or flags: Students and student organizations may place stakes or flags in the ground only in the grassy outdoor area directly west of the Nampa Campus Academic Building. To prevent destruction of 91ɬ property, individuals or organizations wishing to install stakes or flags are required to contact FMP at facilities@cwi.edu prior to installation. Students or student organizations installing stakes or flags without contacting FPM will be responsible for any damages stakes or flags may cause to 91ɬ property, including without limitation, sprinkler systems or other landscaping or underground infrastructure. All stakes or flags must be removed by the sponsoring individual or group at the end of their demonstration. Posts may not be installed as they may damage the grounds.
All protected expressive activities in outdoor areas are subject to the following time, place, and manner restrictions:
- Activities must not interfere with the free flow of traffic, vehicle or pedestrian, or the ingress and egress to buildings on campus and may not block any sidewalk, roadway, or parking area without prior authorization by FMP.
- The use of microphones, bullhorns or any sound amplification device is not permitted where the sound is plainly audible from within a building containing classrooms or offices or is otherwise materially and substantially disruptive.
- Activities must not interrupt the orderly conduct of 91ɬ classes, scheduled college ceremonies or events, or otherwise be materially and substantially disruptive.
- Community members and Visitors who are not students or student organizations must receive express permission before engaging in protected expressive activity in outdoor areas in order to meet the narrowly tailored interest of providing adequate campus security and ensuring continued college operations without material disruption or interference with 91ɬ’s responsibility to fulfill its mission. A request to use facilities for protected expressive activities shall be made in accordance with OP 120 – Facility Request Policy and shall be evaluated without regard to the content or viewpoint of the protected expressive activity. Faculty and staff acting outside the course and scope of their duties will be treated as members of the general public for purposes of this policy. Use of 91ɬ Facilities, classroom space, bulletin boards, and walls.
91ɬ reserves the right to limit facilities, classroom space, bulletin boards, and indoor and exterior walls for official 91ɬ business. Such spaces are nonpublic forums and are subject to reasonable regulations.
Bulletin boards are designated public forums subject to reasonable time, place, and manner restrictions that are not based on the viewpoint of the speaker. For additional guidance on the use of 91ɬ Bulletin Boards, see OP 190 – Campus Posting Policy. Individual bulletin boards or dry-erase boards in classrooms and hallways not designated for college use or otherwise designated by FPM do not constitute an open public forum and shall be designated by faculty to post materials relevant to class instruction.
Facilities available for use by the campus community and visitors constitute a designated public forum and are subject to reasonable time, place, and manner restrictions that are not based on the content or the viewpoint of the speaker. A request to use facilities for protected expressive activities, including invitations to speakers, shall be made in accordance with OP 120 – Facility Request Policy and shall meet the reasonable restrictions of the designated public forum. No security fee shall be charged to a student or a student organization based on the content of the student’s or organization’s expression, the content of the expression of the student’s or organization’s invited guest, or the anticipated reaction to an invited guest’s expression.
No individual or organization not expressly authorized to represent 91ɬ for the event or activity shall use the 91ɬ name to imply official college sponsorship of the speaker in advertising or publicizing the event, except to identify the specific location of the event.
Distribution of written materials inside of 91ɬ facilities shall not involve personally delivering materials to students within hallways, entryways, or classrooms and no person shall be compelled to accept any written material. However, written materials may be made available at tables that are reserved in interior spaces in accordance with the reservation process set forth in OP 120 – Facility Request Policy.
USE OF 91ɬ WEBSITE & SOCIAL MEDIA
All 91ɬ websites and social media pages constitute designated public forums and are for the purpose of furthering the mission, vision, and core themes of 91ɬ. 91ɬ reserves the right to restrict or remove any content that does not relate to 91ɬ business, programs, and/or services or which otherwise violates 91ɬ policies or guidelines, including without limitation, Administrative Guidelines – Social Media.
NON-SPONSORED SPEECH
Faculty, staff, students, and student organizations engaging in protected expressive activities, whether on or off-campus, do so with the express understanding that the statements, opinions, and representations of the speaker(s) is not representative of 91ɬ and that 91ɬ neither endorses nor sponsors the expressive speech of any speaker not expressly recognized as representing 91ɬ.
Conversely, 91ɬ reserves the right, in its sole discretion, to determine the content of official 91ɬ communications, sponsorship, messaging, and engagement.
Guideline Enforcement
Violations of this policy may result in one or more of the following:
- A request of an individual or organization to cease and desist, relocate, or vacate the premises or property owned or controlled by 91ɬ by law enforcement or an authorized representative of 91ɬ.
- Commencement of institutional disciplinary proceedings by the appropriate department or academic unit.
- Restriction of future use of, or access to, 91ɬ property.
Failure to enforce this policy in one instance does not waive 91ɬ’s right to enforce it in any other instance.
COMPLAINT PROCEDURE
A campus community member or visitor who believes a 91ɬ official has infringed on the ability to engage in expressive activities protected by this policy may report such complaint through the appropriate reporting processes available to employees and students. Any individual may report an alleged violation using 91ɬ’s Ethics Point Hotline at 844.310.3447 or at the link below.