What is the First Amendment?

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” - United States Constitution

The First Amendment to the U.S. Constitution protects the freedom of speech, religion and the press. It also protects the freedom to peacefully assemble or gather or associate with a group of people for social, economic, political or religious purposes, as well as the right to protest the government. The amendment was adopted in 1791 along with nine other amendments that make up the Bill of Rights – a written document protecting civil liberties under U.S. law.

How does NDSU decide what speakers/events to allow on campus?

As a public university, NDSU is subject to constitutional restrictions set forth in the First Amendment, as well as in state/federal law and our policies. Decisions must be “content neutral” – meaning NDSU cannot approve or disapprove a speaker or event based on the content of what they might say or what groups they represent. The university can impose reasonable time, place, and manner restrictions to minimize disruption of the educational environment and administrative operations while still protecting free speech when making decisions about a speaker or event.

Does NDSU limit speech or events based on political or moral grounds?

No. The law requires these decisions to be content neutral.  NDSU is open to any group who wishes to engage in protected speech.  To attempt to ensure safety and prevent disruption to university operations, some events and activities may be subject to constitutional time, place, and manner restrictions.

Does freedom of speech mean that I can say whatever I want, whenever I want?

While all individuals have a right to articulate opinions and ideas without interference, retaliation or punishment from the government, “freedom of speech” does not mean that an individual may say whatever they wish, whenever they wish.  The university may (and will) restrict unprotected speech (see “Protected vs. Unprotected Speech), as well as impose reasonable time, place, and manner restrictions to protected speech .  In addition, others will have the same right as you to engage in protected speech to challenge your ideas, and individuals are not immune from criticism from others exercising their free speech rights.

What is “hate speech”?  Is it protected by the First Amendment?

The term “hate speech” is often misunderstood. “Hate speech” does not have a legal definition under U.S. law, just as there is no legal definition for lewd speech, rude speech, unpatriotic speech, or other similar types of speech or expression that people might condemn. The term often refers to speech or expression that the listener believes denigrates, vilifies, humiliates, or demeans a person or persons on the basis of membership or perceived membership in a social group identified by attributes such as race, ethnicity, gender, sexual orientation, religion, or other protected status. Speech identified as hate speech may involve epithets and slurs, statements that promote malicious stereotypes, and speech denigrating or vilifying specific groups. Hate speech may also include nonverbal depictions and symbols.

In the United States, hate speech receives substantial protection under the First Amendment, based upon the idea that it is not the proper role of the government to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive. Instead, the government’s role is to broadly protect individuals’ freedom of speech in an effort to allow for the expression of unpopular and countervailing opinion and encourage robust debate on matters of public concern even when such debate devolves into offensive or hateful speech that causes others to feel grief, anger, or fear.

While NDSU greatly values inclusion, and mutual respect, and encourages community members to observe the NDSU Core Values when engaging with each other, hate speech may only be prohibited and punished if it falls into one or more of the categories of unprotected speech described here (e.g., “discriminatory harassment” or “true threats of violence”).

However, it goes without saying that just because there is a First Amendment right to say something, it doesn’t mean it should be said. The First Amendment protects a right to say hateful things, often even when they stand in direct opposition to NDSU’s values of inclusion, collegiality and mutual respect. However, as a campus, we can all work together to promote and ensure an environment where all students, faculty, staff, and guests are welcomed, respected and supported, and where members of this community are tolerant of the ideas and expression of others.

The First Amendment does not protect illegal conduct just because that conduct is motivated by an individual’s beliefs or opinions. Therefore, even though hate speech is protected by the First Amendment, illegal conduct motivated by an individual’s hate for a particular protected group may be regulated by local, state, or federal law, and/or university policies. This illegal conduct is sometimes identified as “hate crimes.”

Content adapted from:

• https://freespeech.iastate.edu/faq
• www.ala.org/advocacy/intfreedom/hate
• www.ncsu.edu/free-speech
• https://www.justice.gov/hatecrimes/learn-about-hate-crimes

What if I find the content being expressed offensive?

All individuals have options to respond to speech they find offensive.  The first is to leave the area in which the protected speech is taking place.  No person or group is allowed to impede your ability to remove yourself from the situation.  You are also free to exercise your own First Amendment rights, provided that it does not constitute harassment or defamation, jeopardize the safety of another individual or restrict their protected speech rights (see Protected vs. Unprotected Speech).

Some options for responding to speech that you disagree with include:

• Choose Not to Participate: You are not required to listen to speakers or attend free speech events.  You can change your route or avoid an event and deny the speaker an audience for speech you find objectionable.
• Engagement: If you choose to engage in discussion with a speaker or participate in a free speech event, do so in a respectful manner.  Arguing, shouting, or attempting to disrupt/censor is unlikely to change the opinions of speakers whose beliefs you do not share, and escalating the situation may counterintuitively give additional focus or visibility to that speaker/event and their viewpoints. The NDSU Dean of Students office can provide information about coordinating opportunities for counter speech that is compliant with state/federal laws and NDSU policy.
• Hands Off: Whatever you do, make sure not to physically engage with speakers in any way.  Some speakers or events may have the goal of provoking a response from you.  Touching, pushing, or striking speakers can lead to criminal charges as well as appropriate action from NDSU (based on Code of Conduct policies).
• Connect with Others: If you are concerned or upset by the views expressed by speakers or at events on campus, get involved with student organizations and university departments that share your values and interests.

Don’t I have the right to walk across campus without being offended or subjected to material I find offensive?

The core functions of a university include the promotion of inquiry, discovery, and engagement with diverse perspectives.  As part of this, community members will undoubtedly be exposed to ideas and beliefs that differ either from their own or from “conventional wisdom”.  Individuals should have the freedom to discuss any idea or problem that presents itself, and free thought and scholarship require a willingness to listen to people with whom you disagree. More free speech and open discussion is the path to take when confronted with these ideas and beliefs, not inhibition or censorship. As such, you have the right to exercise your own First Amendment rights and challenge ideas or beliefs with which you disagree.  You also have the right to remove yourself from the area or event where these ideas and beliefs are being discussed.

I have reported an event or individual(s) for behavior I believe is not protected speech.  What will NDSU do with this information?

When NDSU receives a report detailing a concern or complaint, the University takes appropriate steps to review and (if applicable) address the concern.  NDSU operates within accordance with all University policies and procedures, which include Policy 154 (Freedom of Speech, Expression, and Assembly),Policy 151 (Employee Code of Conduct), Policy 601 (Student Code of Conduct), and observance of the Family Educational Rights and Privacy Act of 1974 (FERPA).

The typical review process includes the following:

• Acknowledge the receipt of the report
• Review and investigate
• If appropriate, take next steps, which could include one or more of the following:
  • Logging information in case of similar issues in the future
  • Informal educational conversation with responding party(s)
  • Initiation of the student conduct process
  • Referral/further investigation by the NDSU Equal Opportunity and Title IX Compliance Office
  • Referral to other appropriate offices on campus (e.g. University Police and Safety Office, Human Resources, Memorial Union) 

What should I do if I feel that another individual/group is infringing on my/my group’s right to engage in protected speech?

Students are encouraged to contact the Dean of Students office with any questions or concerns, or to complete the Concern and Complaint Form.  If the concern has to do with a disruption to an event in a space that you have reserved for exclusive use, you can contact the staff who supervise the space, who will respond as appropriate.

What is academic freedom and how does it relate to free speech?

Academic freedom forms the bedrock of higher education by guaranteeing the right to inquiry, discourse, and learning that characterize a scholarly community and enrich students’ intellectual experiences. This community and these experiences depend on a free and open exchange of ideas. NDSU supports full freedom, within the law, of expressions in teaching, investigation in research, and dissemination of results through presentation, performance, and publication (see Policy 325).

Academic freedom ensures students have access to all views and information pertinent to their subjects of study. Consequently, faculty may not be disciplined for discussing or presenting material, ideas, and topics that are germane to their scholarly subject matter. To be protected by academic freedom, this content must be relevant to the course and conveyed to students by appropriate means.

Other Campus Communication About FAQ’s

09/22/22 – Student Message Series: Free Speech at NDSU