Resources

Is this behavior protected by the First Amendment?

Yes, it is. However, many social media companies CAN delete the content or block the posters if they violate companies’ terms (however, this is now subject to a circuit split)

Why is this permitted despite the individual being a part of the Salisbury University community?

The First Amendment protects nearly all speech, including speech that is annoying, rude, offensive and potentially hateful to you. While the language may not represent the beliefs and mission of the institution, our foremost responsibility is to adhere to federal laws and the Constitution. Therefore, the university will not, and legally may not, discriminate based on content or viewpoint.

What can you do?

In this scenario you have a few options.

• You can choose to ignore the posting completely, including blocking them on all social media platforms.;
• You can report the violations to the social media company where the statements were posted. They will review to see if the person’s speech violates the terms of use of the social media platform and respond appropriately
• You could choose to reach out to them in a private venue to let them know how their choice of words has impacted you, with the hope of entering into a larger dialogue on how our words and actions impact others.
• You may choose to use your social media to make your own public stance. 

If you believe the words you have read on social media are directed at specific individuals, you also have the option of reporting so the University can respond appropriately.

What can you not do?

No matter how offensive you find another individual’s speech or action, you cannot threaten them or incite others to take action against them. This could be perceived as you specifically threatening an individual and you may be subject to violations through the University Code of Community Standards.

Is this behavior protected by the First Amendment?

It depends.

Why are they allowed to be here?

The First Amendment protects nearly all speech, including speech that is annoying, rude, offensive and potentially hateful to you. On a public university campus, plazas and sidewalks are public forums where free speech can occur.

What can you do?

There are many different options you can choose. Very often, the speaker is deliberately provocative in an attempt to gain an audience. One option is to ignore them completely and deny them that audience. You also have the right to rebuttal. You can engage in counter speech as an extension of your First Amendment rights. Additionally, if you believe you have experienced or witnessed an act of hate, bias, discrimination or harassment, report it so the university can follow up appropriately.

What can you not do?

It is very important to note that you cannot touch any speaker, no matter how offensive you view their speech. By doing so, you might bring consequences upon yourself, while also obscuring the validity of your point of view.

Is this protected by the First Amendment?

Yes.

Why are they allowed to be here?

It is important to note that the principles of academic freedom protect freedom of inquiry and research, freedom of teaching and freedom of expression and publication. Academic freedom offers broad discretion to educators regarding free inquiry and the exchange of ideas and opinions expressed in a university setting, and it grants universities the right to determine their educational mission without restraint. All that being said, there are still things you can do.

What can you do?

You can protest the speaker outside of the building in public areas as long as it does not disrupt regular University operations. If you plan to use amplified sound during a protest, you’ll first need to obtain a permit from Conference Services. You can also use social media to protest and raise awareness about the speaker and your objections or points of rebuttal.

What can you not do?

You cannot disrupt the class or speaker. This may subject you to student disciplinary action under the University’s Code of Community Standards for students.

What can you do?

You have a range of options. You may circulate a petition or send a letter voicing your concerns to the administration. You may request to meet with university officials to discuss your concerns. You may engage in peaceful protest or picket with leaflets, singing, chanting or carrying signs in a space open to the public, such as the area outside the building or within lobbies during business hours.

What can you not do?

You may not engage in an occupation/sit-in of an office or other non-public space in a university building. You may not engage in behavior or activities that could disrupt regular University activities, regardless of whether they are indoors, or outdoors. If you do, you may be subject to the University’s Code of Community Standards and/or arrested for trespassing.

You may not block traffic into or out of the room, floor or building. You may not obstruct or disrupt university staff or officials while they are fulfilling their duties. If you do, you may be subject to the Code of Community Standards for obstruction or disruption of teaching, research, administration or other university activities.

You may not engage in tagging or mark university facilities with graffiti. If you do, you may be subject to student disciplinary action for destruction or damage to university property or arrest for vandalism/graffiti.

Civil Disobedience

Protests and civil disobedience have played a historic role on university campuses in bringing important and beneficial changes within society and in the development of our democracy. However, civil disobedience is not protected speech under the Constitution. The Constitution does not guarantee any right to engage in civil disobedience—which, by its very definition, involves the violation of laws or regulations—without incurring consequences. Civil disobedience may have a negative effect on the protected interests of others and may interfere with university business or threaten public safety or university assets in ways that require the university to act to protect those other interests.

What can the university bring disciplinary charges against me for?

The following is an illustrative list of violations of university policy:

• Violations of University or Other’s Property
• Acts of Violence
• Disorderly Conduct
• Disruption of the Academic Process
• Disruption of University Operations
• Failure to Comply
• Fire and/or Safety VIolations
• Intimidation or Threatening Behavior
• Involvement in a Code of Community Standards Violation