Policy 1121: Public Expression on Campus

James Madison University

  • Speech Code Rating
    Yellow
  • Speech Code Category
    Protest and Demonstration Policies
  • Last Reviewed by FIRE

Relevant Excerpt

Controlled Spaces

For the purposes of this policy, controlled spaces are defined as any buildings or indoor areas owned or controlled by the university, including residence halls, and any outdoor areas owned or controlled by the university that have limitations on use or access (e.g., practice fields, stadiums, farm, tennis courts, gated lots, etc.). The Quad is a controlled space regulated by sections 5.8 and 6.2. Physical areas of campus open to the public (i.e., streets, lawns, green spaces, walkways, public parking lots) with no limitations on access, are not controlled spaces under this policy. See maps at end of policy text for illustration. 

...

The Quad

The ground space and front porches between Wilson Hall and South Main Street and the buildings on Northeast and Southwest perimeter of this area. (Music, Spotswood, Sheldon, Alumnae, Keezell, Wilson, Gabbin, Darcus Johnson, Harrison, Harper Allen-Lee, Wampler) 

...

In outdoor areas on campus other than controlled spaces, university community members and members of the public are encouraged to exercise their constitutionally protected rights of free expression and freedom of assembly, subject only to reasonable, content-neutral time, place, and manner regulations.

...

The university will enforce appropriate, reasonable, and narrowly tailored time, place and manner regulations on expression and assembly as set out in this policy and other university policies without reference to the content of the speech or the participants in the assembly.

...

The university will not censor or punish any public, constitutionally protected expression simply because a person or group finds it offensive. The university may prohibit, stop, or impose sanctions for conduct that is not protected under this policy or the law, whether or not such conduct disrupts the safe and orderly operation of the institution.

...

Affiliated persons and student organizations may utilize outdoor non-controlled university property for public speaking or distribution of literature, so long as they do not disrupt or obstruct the normal living and work environments of other members of the university community or the functions or activities of the university (as well as activities conducted on the university’s property with its permission). 

...

Due to its historic, academic, and residential nature, the Quad may be reserved only for university-sponsored events, which include QuadFest, Halftime on the Quad, and the placement of the official flag of the United States on the Quad in recognition of Veterans Day. No permanent or temporary structure is permitted on the Quad except those deemed necessary for the university-sponsored event with the approval of the Vice President of Student Affairs, in conjunction with the Vice President of Administration and Finance. (See maps at end of policy text for illustration)

Individuals using the Quad shall not disrupt the general use or quiet enjoyment of the Quad.

Share