FIRST AMENDMENT
STUDENT SPEECH
A. Students Do Not Relinquish Their Free Speech Rights While on Campus.
Students continue to enjoy their constitutional Free Speech rights while working and studying
on campus. School officials, however, possess the authority to limit student expression that
would materially and substantially interfere with the work of the institution or impinge upon the
rights of other students.
B. Offensive Clothing and Tattoos.
Students and faculty sometimes complain about students wearing clothing or displaying tattoos
that contain material they find offensive. The institution may be concerned that the clothing or
tattoos could constitute illegal harassment and create a hostile environment for faculty, staff or
students. First, if the clothing or tattoo displays an obscene, vulgar or lewd expression and does
not convey a message, it may be banned. Second, if the clothing or tattoo causes a substantial
disruption in the school’s operation, it may be banned. However, if the objectionable clothing
arguably is sending a message of some kind and is not simply a display of vulgar or obscene
word or image, it is protected speech. Thus, absent quantifiable disruption in the institution’s
operation, an institution cannot prohibit the wearing of clothing that sends messages that are
offensive, boorish, or even loathsome. Complaints of hurt feelings or being offended are not
enough to justify prohibition.
C. Student Classroom Speech/Academic Freedom.
Students, like faculty, enjoy academic freedom and freedom to learn in and outside the
classroom. Students, therefore, may disagree with faculty and otherwise are free to express
their views on the material being discussed in an appropriate manner. Faculty may not
discipline students or lower their grades because of the point of view they express.
Nonetheless, faculty remain in control of the classroom. Faculty may restrict and ultimately end
student comment on the material being presented as the faculty see fit to move forward with
the presentation of their material. Faculty may also restrict student comments to the subject
matter of the course. The classroom is not an open forum for students to express their views on
various topics. Students are also responsible for learning the content of the course in which
they are enrolled.
D. Student, Poster, Pamphlets, and Leaflets.
Students and student groups may request permission to distribute various topical materials on
campus to students and faculty or to post such materials on campus bulletin boards. Some
materials may be of a political or otherwise controversial nature. Each college and university
may decide whether students are permitted to distribute and post materials and most permit
this activity. The college or university may place appropriate time, place and manner
restrictions on the activity to ensure that the operation of the campus is not substantially
disrupted. If the college or university permits this type of student speech on campus, the
campus administration is not permitted to deny access to a student or group of students whose
speech may be controversial or offensive to many students or faculty.
E. Students Group Use of Campus Facilities.
Colleges and universities generally permit recognized student groups to use campus facilities to
conduct meetings or other activities. Campus administration retains time, place and manner of
controls over the activity a student group proposes to conduct on campus. Thus, a campus may
place appropriate time, place and manner restrictions on the activity to ensure it does not
substantially disrupt the functioning of the institution. Campus administration must permit all
students groups to use campus facilities on an equal basis. Student religious groups have the
same access rights as other groups.
F. Student Group Sponsored Speakers.
Colleges and universities permit recognized student groups to bring in outside speakers to
address the college or university community on various topics. Again, campus administration
must treat student groups equally and must not prohibit a group from sponsoring a speaker
whose views are controversial or offensive to other members of the college or university
community. Campus efforts should center on education and security, rather than limiting
speech.