Free Speech Rights and Peaceful Demonstrations
Welcome. On this page, you will find essential information about your free speech rights on campus, the importance of respectful dialogue, and how the university manages peaceful demonstrations. This page explains the "time, place, and manner" guidelines that help balance free speech with maintaining a safe and respectful campus environment. Explore key policies, state statutes, local ordinances, and frequently asked questions, ensuring you are informed about your rights and responsibilities.
Understanding Free Speech on Campus
Free speech is the right to express opinions and ideas without fear of government retaliation or censorship. It is a constitutional right protected under the First Amendment of the U.S. Constitution.
At universities, free speech is a cornerstone of academic freedom. It allows students, faculty, and staff to engage in open dialogue, challenge ideas, and foster an environment of learning and discovery. While you may not agree with every opinion, engaging in respectful discourse helps strengthen the community and promote critical thinking.
- Express Yourself: You have the right to express your opinions, beliefs, and ideas, even if they are controversial or unpopular.
- Right to Protest: Peaceful demonstrations, protests, and rallies are allowed on campus if they follow university guidelines.
- Respectful Dialogue: Engaging in civil discussions, even with those who disagree with you, is encouraged and helps promote mutual understanding.
- Among other rights, the First Amendment to the U.S. Constitution protects the freedom of speech from most government restriction.
- Free speech can include both private and public speaking, demonstrations, rallies, vigils, marches, distribution of printed materials, carrying signs, displays, and circulating petitions.
- The First Amendment protects speech that some or even a majority of people find disagreeable, offensive, unwise, immoral, indecent, conservative, liberal, traditional, radical, or wrong-headed.
- As expressed in the Campus Free Speech Protection Act, universities should not attempt to shield individuals from free speech, including ideas and opinions they oppose.
- Hate Speech Leading to Violence: Speech that incites immediate violence or creates a direct threat to safety is not protected.
- Harassment: Persistent and unwanted behavior that targets specific individuals and creates a hostile environment is not protected.
- Defamation: False statements that harm a person’s reputation can be subject to legal consequences.
The University of Memphis does not have permitting requirements for students to have spontaneous outdoor assemblies. However, the university tries to accommodate students’ planned activities and allows members of the University Community to reserve certain outdoor space in advance, consistent with University of Memphis Policy BF 2022. Additionally, the institution will utilize time, place, and manner restrictions to manage assemblies and limit disruptions to campus which are described in the next section.
While free speech is protected, universities may impose reasonable limits known as "time, place, and manner" restrictions to ensure that campus operations continue smoothly. These guidelines help balance free speech while maintaining a safe and respectful environment.
- Time: Demonstrations and speech activities should occur at designated times that do not disrupt classes, events, or other campus functions.
- Place: Certain areas of campus may be designated for free speech activities. Make sure you understand where demonstrations can take place.
- Manner: Your speech or demonstration must not incite violence, create safety hazards, or damage property. Respect for others' rights is essential.
- Individuals or groups not affiliated with University of Memphis can apply to conduct free speech activities on the Student Alumni Plaza at certain times during the semester. Application here: https://memphis.co1.qualtrics.com/jfe/form/SV_ahHqEr03cI0kjBj
- The university does not approve or endorse any group’s particular message. Regardless of any speaker’s content, the university asks students to respectfully allow the speakers to exercise their free speech rights in the same manner as they would like to have their own rights respected.
- Some students enjoy engaging with speakers, especially those the students believe are substantively wrong. Note, however, that if you find any speech not only wrong, but unkind or even hurtful, you may exercise your own free speech by disengaging or walking away. If you hear something that causes your personal dismay beyond disagreement or discomfort, please consider contacting the Counseling Center.
Policies, state law, local ordinances, and national standards
The following University policies, state law, local ordinances, and national standards guide University’s response to campus demonstrations, protests, or rallies.
University Policies
- GE 2035 - Affirming Principles of Free Speech for University Students and Faculty
This policy affirms the institutional commitment to protecting free speech for students and faculty in alignment with the First Amendment and Tennessee Constitution. It encourages the open exchange of ideas, even those that may be offensive or controversial, while allowing reasonable time, place, and manner restrictions to maintain campus order. - GE2008 - Crisis Management Planning
This policy outlines the university's approach to handling crises that may affect the campus or off-campus centers. It establishes a coordinated plan for managing emergencies, focusing on protecting life, minimizing damage, and ensuring continuity of essential service. - GE2047 - Environmental Health and Safety
This policy outlines the responsibilities of the university community in complying with environmental, health, and safety regulations, while also providing guidelines for the development and maintenance of safety programs. - BF 4022 – Access to and use of Campus Property and Facilities
This policy regulates the use of university property by both affiliated and non-affiliated groups. The policy ensures that campus facilities are used in alignment with the university's educational mission and outlines the procedures for applying for facility use, prioritizing university-related functions. - SA 8002 – Registered Student Organization (still waiting on this approval/pdf)
This policy outlines the requirements for the registration, operation, and financial management of student organizations. Registered organizations must follow guidelines for membership, reporting, and event planning, while also maintaining sound financial practices.
State Statues
- Tennessee Code Annotated 38-9-101
This statue grants the authority to local officials to declare a civil emergency during times of crisis, such as natural disasters or public disturbances.
- Tennessee Code Annotated 39-17-301
This statue provides definitions of terms related to disorderly conduct. - Tennessee Code Annotated 39-17-314
This statue provides a state definition of civil disorder. - Tennessee Code Annotated 49-7-1907
This statue directs public institutions of higher education to uphold freedom of expression and inquiry while fostering intellectual diversity. The statute prohibits institutions from compelling students or employees to adopt divisive concepts and ensures fair treatment of student groups, particularly regarding property use and event fees. - Tennessee Code Annotated 49-7-2402
This statue ensures that public institutions of higher education protect free speech. It prohibits restrictions on free expression based on content and viewpoint, ensures disciplinary action for disruptions to free speech, and provides a framework for reporting violations.
City Ordinances
- Code of Ordinances City of Memphis Title 9 – Health & Safety/Chapter 9-24. Civil Emergencies
Memphis' Code of Ordinances on civil emergencies outlines procedures and authority for managing emergencies, such as curfews or restrictions during civil unrest, to protect public safety. - National Fire Protection Association (NFPA), Life Safety Code, 2012 Edition
This code establishes safety standards to protect building occupants from fire and related hazards. It addresses construction, protection, and occupancy features that minimize the risks of fire, smoke, and panic in new and existing buildings. - 2021 International Fire Code (IFC) Chapter 3
This code outlines general fire safety requirements for all building types. It covers key areas such as waste management, open burning, hazardous materials storage, and maintenance of fire safety equipment.
Public Demonstration Response Plan
The University of Memphis Public Demonstration Response Plan outlines the University’s approach to managing campus demonstrations, protests, or rallies. This plan emphasizes the safety and security of all participants - including demonstrators, counterdemonstrators, and bystanders - while safeguarding the fundamental rights to free speech and peaceful assembly.
For more information contact Dr. Justin Lawhead, Dean of Students, at justin.lawhead@memphis.edu or Mark Heath, Executive Director of Business Continuity & Risk Management, at rmheath@memphis.edu