Freedom of Speech and Expression

Certain freedoms of expression and assembly are guaranteed by the constitutions of the United States and the state of Utah.

However, not all types of speech are protected. In general, the following forms of conduct and/or expression are not protected and can be sanctioned by Snow College:

• Expressive activity that substantially disrupts, obstructs, or interferes with classes, teaching, the use of offices, ceremonies, sporting events, or other college activities and events
• Expressive activity that infringes on the speech of another, for example, by creating noise to drown out a speaker, sometimes called the “hecklerʼs veto.”
• Expressive activity that damages property
• Incitement to violence and/or true threats
• Violations of state or federal law, including without limitation, criminal trespass, and willful interference with lawful College activities, see Utah Code section 76-8-701, et seq.
• Expressive activity that creates a hostile environment within the meaning of Title IX of the Educational Amendments of 1972, Title VI of the Civil Rights Act, Title VII of the Civil Rights. Act of 1964, or other applicable law
• Obscenity
• Defamation
• Expressive activity that discloses private or confidential information or trade secrets without appropriate authorization

A Lesson on Free Speech Limits

The following video is created and provided by the Foundation for Foundation for Individual Rights in Education (FIRE), a nonpartisan organization dedicated to defending and sustaining the individual rights of students and faculty members at America’s colleges and universities. FIRE provides lessons and resources to inform campus communities about free speech. This video contains language that may be offensive to some individuals.

Tinker v. Des Moines Independent Community School District

Foundational case of the ability of institutions of higher learning to protect their operations.

Frick v. Lynch

Foundational case on the “heckler’s veto”

Virginia v. Black

True threats

Demonstrations

Individuals or groups desiring to demonstrate, picket, or distribute literature within public forums on the college campus are encouraged to file a written request with the Scheduling Office indicating the preferred time, place, and manner of such activity. Such requests would be welcome at least 24 hours in advance.

The First Amendment allows the college to enact reasonable time, place, and manner restrictions on demonstrations and other expressive activities and gatherings. Such restrictions will be neutral in viewpoint and content, and narrowly tailored to serve a significant college interest. Examples of such interests include, but are not limited to crime prevention, public safety, avoiding disruption of college functions, and maintenance of an educational atmosphere. When possible, Snow College will ensure that restrictions on the time, place, and manner of a free expression event leave open other channels and forums for expressive activity. Common time, place, and manner restrictions include: imposing limits on the noise level of speech, capping the number of protesters who may occupy a given forum, barring early-morning, late evening, or overnight demonstrations, and restricting the size or placement of signs on college property.

Speakers

Snow College encourages the presentation of diverse viewpoints and perspectives. When individuals are invited to speak or present on campus, the college respects the speaker’s right to engage in protected speech and expects a respectful presentation environment free from disruption or interference. Substantial disruption is not permitted and may result in an individual being removed from the event and/or trespassed from the college campus and subject to Snow College disciplinary procedures.

Spaces

Outdoor Areas

Outdoor areas of the college campus are designated open to the public and, generally, may be accessed for lawful expressive activity as “traditional public forums.” Access and use shall conform to all applicable time, place, and manner restrictions, which may be imposed or maintained on a case-by-case basis.

Indoor Areas

Spaces in college buildings and facilities, including classrooms, auditoriums, and conference spaces may be reserved for activities or events by the students, employees, and third parties. The procedures for reserving such spaces are maintained by Snow College Scheduling Services. Rental fees may be charged for the use of college spaces and facilities. Academic and administrative uses of college spaces will be reasonably prioritized over public access or use. Building administrators may also designate certain indoor areas of the college campus as limited public forums where expressive activity may be permitted for designated groups and/or categories of speech. Examples include but are not limited to open areas of the Greenwood Student Center, bulletin boards, and display cases and areas. To request tabling space, submit a request.

Restricted Areas

No person may enter or access college campus spaces that have been designated as closed, private, or otherwise inaccessible to the public (referred to as “restricted areas”). Individuals found in violation of such designations may be subject to Snow College disciplinary procedures, trespass, and potential criminal prosecution.