UPPS No. 07.04.01: Expressive Activities Policy
Texas State University
Relevant Excerpt
Texas State University is committed to upholding the First Amendment of the United States Constitution and respects individuals’ rights to express their views through all forms of legally protected speech, press, religion, petition, and assembly. ...
Texas State University is a public institution and supports the free exchange of ideas which includes freedom of speech, freedom of inquiry, and freedom of dissent.
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Definitions
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Antisemitism – a certain perception of Jews that may be expressed as hatred toward Jews. The term includes rhetorical and physical acts of antisemitism directed toward Jewish or non-Jewish individuals or their property or toward Jewish community institutions and religious facilities. ...
Common Outdoor Areas – outdoor grounds that are owned or leased by Texas State where enrolled students and employees may engage in expressive activity, subject to reasonable restriction, including to listen to or observe the expressive activities of others, that is not unlawful and does not materially and substantially disrupt the functioning of the university. ...
Forums – types of Texas State property that dictate the kinds of control Texas State might exercise over speech-related activities.
a. Limited Public Forum – all common outdoor areas of Texas State are limited public forums. Only students enrolled at, and employees of, Texas State may assemble and engage in expressive activities in these areas subject to reasonable time, place, and manner restrictions as outlined in this policy and consistent with applicable federal and state law, including the First Amendment to the U.S. Constitution and Section 8, Article I. of the Texas Constitution. Access to these locations by external individuals or groups for expressive activity purposes is not permitted without formal university sponsorship and approval. ...
Time, Place, Manner – Public institutions may impose restrictions on expressive activity related to the time, place, and manner. Such restrictions must satisfy a three-prong test outlined by the United States Supreme Court:
a. be content-neutral and viewpoint-neutral;
b. be narrowly tailored to serve a significant governmental interest; and
c. leave open ample alternative channels for communicating the speaker’s message.
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Prohibited Behavior
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Time Restriction – Engaging in expressive activities on campus between the hours of 10 p.m. and 8 a.m. is prohibited.
Date Restrictions – During the last two weeks of a semester or term, any person engaging in expressive activities, as defined in this policy, is not permitted to materially and substantially disrupt the functioning of the institution by inviting speakers to speak on campus, by using a device to amplify sound, or by using drums or other percussive instruments.