R765-800. Free Expression on Campus, R765. Regents (Board of), Administration, Utah Administrative Code

Utah Administrative Code (Current through November 1, 2019)

R765. Regents (Board of), Administration

R765-800-1. Purpose

Latest version.

(1) In accordance with Title 53B, Chapter 27, Part 3, Campus Civil Liberties Protection Act, the rule establishes general rights to expression on campus as established by law and recognizes narrow limits on speech, including time, place, and manner restrictions.

R765-800-2. References

Latest version.

(1) United States Constitution, Amendment 1, Freedom of Expression and Religion.

(2) Utah Constitution, Article 1, Section 15, Freedom of Speech and of the Press.

(3) Title 53B, Chapter 27, Part 2, Campus Free Expression Act.

(4) Title 53B, Chapter 27, Part 3, Campus Civil Liberties Protection Act.

R765-800-3. Definitions

Latest version.

(1) Free Expression means all forms of verbal, written, or symbolic communication, including peaceful assembly, protests, speaking verbally, holding signs, circulating petitions, and distributing written materials.

(a) Free expression does not include speech or conduct that is not recognized as protected by the First Amendment to the U.S. Constitution and Article 1, Section 15 of the Utah Constitution, including speech or conduct that is a true threat, fraudulent, harassment, obscene, defamatory, or otherwise unlawful.

R765-800-4. General Rights of Free Expression on Campus

Latest version.

(1) Institutions uphold and promote free expression on campus. Except as limited by regulations consistent with the law and this rule, (a) all faculty, students, and staff have the right to express views and ideas, and are free to criticize, contest, and condemn views expressed on campus and (b) neither the faculty, staff, nor students may obstruct, disrupt, suppress or otherwise interfere with the freedom of others to express views and ideas.

(3) Institutions' outdoor areas are a public forums.

(4) Subject to R765-800-5, institutions may not prohibit:

(a) a member of the institution's community or the public from spontaneously and contemporaneously assembling in an outdoor area of the institution's campus; or

(b) a person from freely engaging in noncommercial expressive activity in an outdoor area of the institution's campus if the person's conduct is lawful.

R765-800-5. Time, Place and Manner Restrictions

Latest version.

(1) Institutions may reasonably regulate the time, place, and manner of free expression to ensure that it does not disrupt the institution's ordinary activities. This restriction includes established procedures for engaging in organized speech activities, such as protest marches or invited speakers.

(2) These exceptions to the principle of freedom of expression must be viewpoint neutral, generally content neutral, narrowly tailored, and leave ample opportunity for alternative means for expression. Institutions will not use these exceptions in a manner that is inconsistent with the institutions'' commitment to free and open discussion of ideas.

R765-800-6. Incorporations of Institution Policies

Latest version.

Institutions have adopted the following policies that are incorporated by reference within this rule:

(1) Utah State University.

(a) Student Code Article III (April 10, 2009).

(2) Weber State University.

(a) PPM 6-22, Student Code (September 13, 2018).

(b) PPM 5-37, Campus Facilities Use (December 4, 2012).

(3) University of Utah.

(a) Policy 1-007, University Speech Policy (June 12, 2008).

(4) Utah Valley University.

(a) 161 Freedom of Speech (June 22, 2017).

(b) 162 Sexual Misconduct (June 18, 2019).

(5) Snow College.

(a) Student Rights and Responsibilities (May 31, 2019).

(b) Snow College Free Speech Policy (December 8, 2017).

(6) Southern Utah University.

(a) Policy 5.1, Free Speech and Advocacy on Campus (May 3, 2018).

(7) Dixie State University.

(a) Policy 110, Free Speech (March 5, 2018).

(b) Policy 552, Student Rights and Responsibilities (April 28, 2017).