Freedom of Speech and Expression
Florida State University is dedicated to open dialogue and creating a supportive atmosphere where all members of our community can flourish. We embrace the diversity of viewpoints that our campus encompasses and welcome constructive discussions. However, we cannot tolerate threats, violence, harassment, vandalism, or intimidation. Civil discourse is the collective responsibility of faculty, staff, students, and our broader community.
The right of all students and individuals to seek knowledge, debate ideas, form opinions, and freely express their views is recognized, both as an individual right and as an important part of the University culture. This right must be exercised in a manner which will not interfere with the same rights and freedoms of others. Likewise, the right or freedom of peaceful assembly is recognized and shall be protected. Meetings, assemblies, picketing activities, protests, and gatherings that do not disrupt the orderly functioning of the University and related activities qualify as peaceful and are therefore protected.
Below, the University has compiled a list of frequently asked questions and answers related to freedom of speech and freedom of expression and applicable regulations and laws, as well as consequences for non-compliance.
KNOW YOUR RIGHTS
What is protected speech?
The First Amendment to the U.S. Constitution protects freedom of speech, including spoken and written speech, as well as symbolic speech and expressive activity. However, the University will not tolerate non-protected speech, including threats, violence, harassment, intimidation, incitement, or vandalism or destruction of property.
Do faculty, students, staff and visitors enjoy freedom of expression?
Yes. All faculty, students, staff and visitors are protected under the First Amendment and may exercise their right to freedom of speech.
Is there speech that is not protected by the First Amendment?
Yes. The First Amendment does not protect obscenity, incitement or acts of violence, specific threats of physical violence or intimidation, incitement to break the law, the destruction of property, or harassment as defined by law and University policies.
KNOW THE RULES
Does the University have the right to place reasonable limitations on speech activities?
Yes. Freedom of speech and expression must be exercised in a manner which will not interfere with the same rights and freedoms of others in their enjoyment of the benefits of the programs offered by this University, or their lawful use of University facilities, including ingress and egress. Such rights may be exercised subject to applicable laws, rules, regulations, policies and procedures, including lawful imposition of time, place, and manner restrictions outlined in FSU Regulation 3.003 Freedom of Expression Rights and Responsibilities.
What activities and items are prohibited at FSU?
Prohibited activities and items include:
- Tents, temporary shelters or bedding
- Use of amplified sound without prior approval
- Camping or sleeping outdoors overnight
- Inciting violence or threats of imminent harm
- Discrimination or harassment
- Shouting down opposing viewpoints
- Blocking walkways or roadways
- Littering, vandalism, or damage to University property
- Unmanned signs, banners or flags
- Signs exceeding 24 by 36 inches
- Mace or pepper spray
- Weapons, including bats or other club-like objects
- Face shields, gas masks, or other masks or disguises
- Flammable liquids, torches or open flames
- Wagons, carts, or ladders
- Any other items determined to be a public safety hazard
What rights do I have to express myself in outdoor campus spaces at FSU?
The right or freedom of peaceful assembly is recognized and shall be protected. Meetings, assemblies, picketing activities, protests, and gatherings that do not disrupt the orderly functioning of the University and related activities qualify as peaceful and are therefore protected.
Does Florida State University have the right to place reasonable limitations on speech in outdoor spaces on campus?
Yes, certain outdoor areas of campus may be reserved by individuals or groups or otherwise may be restricted for official University use. It is highly recommended that groups planning outdoor meetings, assemblies, picketing activities, demonstrations, protests, and gatherings provide advance notice per applicable event permitting processes to ensure space availability and the adequate provision of security. Many spaces on FSU’s campus can be reserved using our online reservations portal at reservations.dsa.annccb.com.
If I want to hold a demonstration, do I need to schedule it with Florida State University?
Lawful, spontaneous speech may occur provided it complies with all applicable laws and University policies. You may hold spontaneous, peaceful protests or demonstrations, if you follow the rules, do not disrupt the University or other people's activities, or present a threat to the health, safety, or welfare of the University community. Please note, if another individual or group has previously reserved the space, they hold priority over spontaneous activities. See FSU 3.003 (4).
Are there restrictions on where you may express yourself in outdoor campus spaces?
Expressive activities in outdoor areas that have been reserved by the University or another individual, group, or organization for use through established University procedures are subject to removal or relocation under the parameters of this regulation. Additionally, no individual or group may claim exclusive use of any area without prior approval through the applicable event permitting or reserving processes. Outdoor events are not permitted to block ingress or egress to any building or pathway, stairs, landings, or other areas deemed to create a hazard to the community's safety.
Are there restrictions on the times you may express yourself in outdoor campus spaces?
Outdoor events are only permitted between sunrise and sundown unless prior approval is granted from the University.
Is chalking permitted on campus sidewalks?
Yes, FSU entities may chalk messages on FSU's campus. Chalking on campus is permitted only on the designated concrete-paved sidewalks on the maps located at posting.annccb.com. Chalking on brick surfaces is prohibited. Chalking must be done with a water-soluble powder substance, in open, horizontal areas that can be directly washed by rain.
Are students allowed to distribute flyers, leaflets or handbills and canvass in outdoor areas?
Yes. FSU student groups or University-related entities may pass out non-commercial flyers or advertising materials on paved sidewalks on campus if it does not unreasonably interfere with the movement of traffic, classes, or other University activities. You may not distribute flyers within 30 feet of any entrance or exit way of any campus facility. Any item distributed must contain the name and contact information of the FSU sponsoring organization, department or entity.
Are there limits on chalking or distribution of materials?
Yes. Materials posted or distributed may not:
- Promote the use or sale of alcohol or illegal drugs
- Display trademarks and or brand names of alcohol or illegal drug products
- Contain material that is obscene or defamatory
- Incite or produce imminent lawless action
- Violate any University policy or regulation, or local, state, or federal law
Are signs permitted during peaceful assemblies and demonstrations at FSU?
Yes. Individuals may carry foam, paper, or cardboard signs 24x36 inches or smaller during peaceful assemblies.
May a PA system or bullhorn be used on campus at FSU?
No, unless advance approval is received. Use of amplified sound, including but not limited to bullhorns, airhorns, and noise-making devices or instruments, is prohibited except as approved in advance under applicable policy and within sound limits that will not disrupt University operations.
Can you demonstrate or protest in response to a speaker at FSU?
Yes. The First Amendment protects a speaker’s right to express their viewpoints AND the right of citizens to peacefully assemble in protest. Counter protesters may not obstruct, disrupt, or attempt by physical force to cancel or discontinue speech by any speaker, or the observation of speech by any person intending to see or hear a speaker. While speakers invited to campus by student groups or other University-related organizations have the right to express their views, they must follow any applicable laws and University regulations.
How does the First Amendment apply to speakers who are invited to campus by student organizations?
All speakers on campus are afforded the same First Amendment protection enjoyed by the University community. They also must follow the same time, place and manner restrictions and policy requirements.
If a speaker is known to target specific individuals or groups of people, based on protected characteristics, does that give the University legal grounds to cancel the event?
No. A speaker’s viewpoint is protected by the First Amendment. The University welcomes the exchange of strongly held views as part of the educational process but does not endorse specific speakers or viewpoints.
Where do I report a concern regarding perceived threatening incidents on campus or harassing statements or videos posted on social media?
Report your concerns and any concerning behavior at report.annccb.com. This site allows you to share important information regarding incidents or concerning behavior happening in the Florida State University community.
KNOW THE CONSEQUENCES OF NON-COMPLIANCE
What are the possible consequences for non-compliance of FSU’s time, place, and manner restrictions or failure instructions of law enforcement or University officials?
- Charges under the Student Code of Conduct for non-criminal violations by students
- Arrest for anyone engaging in criminal conduct
- And/or trespass warning that prohibits future entry on FSU’s campus
- Employees may be trespassed from campus and/or separated from employment
I’m an enrolled FSU student. If I’m trespassed from campus, what does that mean for me?
FSUPD can issue a trespass warning to anyone who commits a crime, violates University regulations or policies, engages in threatening or disruptive behavior, or raises safety concerns on or near University property.
An individual who is trespassed from FSU Campus (by being issued a trespass warning from FSU Police Department) cannot come onto FSU property until the trespass warning is rescinded. If someone with an active trespass warning comes onto FSU property, they are subject to being arrested for trespassing after warning. To request a trespass warning to be reviewed and possibly rescinded, please contact the FSU Police Department at (850) 644-1234. Once the trespass warning is reviewed, the FSU Police Department will contact the subject who has requested to have their trespass warning rescinded and advise them if the trespass warning is being rescinded or not.
For enrolled students, being trespassed from FSU's campus could result in being unable to attend in-person classes, reside on campus, or participate in on-campus activities such as commencement.
I’m an enrolled FSU student and have been charged with violating the University’s Student Code of Conduct. What if I didn’t know I was violating the Code?
Each student is expected to abide by these rules of conduct and to be accountable for their behavior. Lack of familiarity with the Code is not a justification for violating any provision of this Code. Familiarize yourself with the FSU Student Code of Conduct.
RELATED REGULATIONS AND POLICIES
- FSU-3.003 Freedom of Expression Rights and Responsibilities
- FSU Student Conduct Code
- FSU Student Organization Conduct Code
- FSU-2.007 Use of University Lands and Facilities
- FSU-2.0131 Posting, Chalking Advertising and Active Distribution of Materials on FSU Campuses
- FSU-3.0015 Student Organizations and Activities
- State of Florida University System’s Statement of Free Expression
- First Amendment, U.S. Constitution
REPORT.FSU.EDU
If you have a concern regarding free speech or expression on campus, please report your concern at report.annccb.com.
The content on this website was published August 26, 2024.