University Policy 2105: Free Expression and Assembly, Demonstrations

Relevant Excerpt

Not all Expressive Activity is protected by the law. The following categories of expression and assembly are NOT PROTECTED by law, and are not permitted on the University Campus or in University programs or activities: 

(a) Obscenity; (b) Defamation; (c) Incitement to violence and/or True Threats; (d) Violations of state or federal law, including without limitation, criminal trespass, and willful interference with lawful University activities, see Utah Code section 76-8-701, et seq.; (e) 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; (f) Expressive Activity that substantially disrupts, obstructs, or interferes with classes, teaching, the use of offices, ceremonies, sporting events, or other university activities; (g) Expressive Activity that damages property; and (h) Expressive Activity that discloses private or confidential information or trade secrets without appropriate authorization.

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Consistent with state law, outdoor areas of the University Campus are designated open to the public and, generally, may be accessed for lawful Expressive Activity as “traditional public forums.” Access shall conform to all applicable time, place, and manner restrictions, which may be imposed or maintained on a case-by-case basis.

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The University may designate administrative offices, laboratory spaces, and certain indoor spaces and facilities as Restricted Areas and closed to public access and use. See section 2.4.5 of this Policy. Select buildings and facilities have spaces, including, but not limited to, classrooms, auditoriums, and conference spaces that may be reserved for activities or events by the University Community and Visitors. The procedures for reserving such spaces are maintained by USU Events Services, the responsible University units, and/or building administrators. Rental fees may be charged for the use of University spaces and facilities. Building administrators may also designate certain indoor areas of the University 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 Taggart Student Center, kiosks, bulletin boards, display cases, and other areas.

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Free Expression Rights. 

Subject to the limitations in this Policy and applicable law, and as more fully described in the following subsections, members of the University Community shall have the right to engage in Expressive Activity and assembly on the University Campus.

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Demonstrations

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