Learn More About Speech Codes: Protest and Demonstration Policies

Summary

Under First Amendment standards, colleges may put in place reasonable “time, place, and manner” restrictions on public expression in order to protect college activities from disruption so long as those rules are content and viewpoint-neutral, further one of the school’s significant interests, and leave ample alternatives for students to engage in expressive activity. However, colleges and universities often put onerous restrictions on expressive activities, preventing students from exercising their First Amendment rights on campus. 

Consult FIRE’s Model Speech Policies for College Campuses webpage to explore policies from various institutions in our Spotlight database that earn a “green light” rating in each category, including policies on protest and demonstration.

Common Mistakes

Requiring advance approval for any protest

Many policies go beyond reasonable time, place, and manner restrictions by requiring administrative approval for all student events that take place on campus — no matter the location, size, or non-dispruptive nature. This prevents spontaneous demonstrations from occurring, which are typically protected by the First Amendment and are oftentimes necessary to respond meaningfully to immediate or still-unfolding events. This common mistake is most alarming when the policy requires a long lead time for approval — some as long as seven days!

Content-based restrictions 

Some policies ban the use of "disrespectful" or otherwise subjectively offensive expression while participating in expressive activities on campus.

Free Speech Zones

Sometimes university policies limit student and faculty demonstrations and other expressive activities to small and/or out-of-the-way areas on campus — so-called “free speech zones.” These restrictions are unreasonable and have been struck down in court. It is permissible for institutions to encourage community members to demonstrate in certain high visibility areas, but in doing so they must not ban expressive activities in all other public spaces.

Policy Examples

Red light

Northeastern University: Center for Student Involvement: Resources- Demonstration Policy

No person or organization shall hold, cause or permit to be held a demonstration on University property or in connection with a University event unless all necessary reservations of space and permissions from the Center for Student Involvement have been obtained prior to the demonstration . . . you must apply for a demonstration permit on Engage, using your reservation information (date, time, location, etc.) at least 7 calendar days prior to the desired date your organization intends to demonstrate on campus property.

Yellow light

Lake Superior State University: Policy Number 1.15: Campus Right to Assemble/Demonstration Policy

Prior to sponsoring a rally, demonstration, march or other event, a group or organization representative must complete and submit an event application (see below) at least 72 hours in advance of any activity to the Public Safety Office. This information will serve and protect all parties.

A member of University staff will review the notification within one working day of its submission. The appropriate University official(s) may elect to meet with the individual(s) requesting the permit prior to its approval. The meeting will cover logistics including safety and security issues, use of amplified sound, and the potential for disruption of the mission of the institution.

Green light

Virginia Commonwealth University: Reservation and Use of Space

The university is committed to creating an environment that fosters the exercise of protected speech and other expressive activity on university property while maintaining an atmosphere free of disruption to the mission of the university. It recognizes that the free expression of ideas and open inquiry are essential in fulfilling its academic mission by embracing rigorous open discourse, argumentation, speaking, listening, learning and the exploration of ideas. . . . Any university student or employee may generally use campus spaces in accordance with university policy. . . . Advance notice and written authorization are required only for Major Events and Event Reservations, as described below . . .

•  Expected attendance over 150 persons unless the approved seated occupancy load of the space is greater than 150 persons, in which case any of the other factors render event a Major Event