Learn More About Speech Codes: Security Fee Policies

Summary

Colleges sometimes hamper student groups hosting outside speakers by levying additional security fees for speakers deemed to be controversial, a practice that directly conflicts with First Amendment standards. Colleges should instead put in place content- and viewpoint-neutral criteria for staff to apply when assessing fees, such as number of expected attendees, whether the event is open to the public, and whether the event is to take place outdoors or indoors. 

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 security fees.

Common Mistakes

Broad administrative discretion

Often, these policies permit significant administrative discretion to determine if an event may require additional security fees without explaining the criteria by which these determinations will be made. This can be remedied by providing content- and viewpoint- neutral criteria for these determinations.

Subjective standards

Other colleges provide criteria for determinations, but these criteria explicitly ask administrators to apply subjective standards to determine fees. For example, some institutions force students to pay extra fees when the use of facilities is “deemed not to be in the best interests of the University.” This, and other similarly subjective standards could easily be used to impose viewpoint-based security fees on student organizers of a campus event, which would be plainly unconstitutional.

Policy Examples

Yellow light

Chapman University: Facility Use and Event Policy: Public Safety at Events

For the safety of all involved, some events will require safety officer presence. When events . . . anticipated protests or controversy . . . or various other considerations, event organizers must coordinate with Chapman Public Safety. At certain times, subcontracted security staff may be required. Subcontracted security costs for external or co-sponsored events will be the responsibility of the sponsoring organization or department/unit.

Green light

Colorado State University: CSU Policy 5-6030-008: Special Events on University Property

CSUPD will conduct a security assessment based on information provided from the event organizers and such other information CSUPD may obtain. CSUPD, in consultation with the CSU Public Safety Team, will assess security needs based on objective and credible evidence of specific risks, and not on assessment of the viewpoints, opinions, or anticipated expression of event speakers, sponsors, participants, community, or performers. Permissible factors for consideration include but are not limited to:

• the proposed location of the event

• the estimated number of participants based on event organizer estimates and any other relevant information, including past or similar events at CSU or other locations

• the time of the day that the event is to take place

• the date and day of the week of the event

• the proximity of the event to other activities or locations that may interfere, obstruct, or lessen the effectiveness of the security measures being implemented

• the resources needed to secure the event

• the anticipated weather conditions

• the estimated duration of the event

• any similar viewpoint- and content-neutral considerations relevant to assessment of security needs.

[ . . . ]

Additional security fees will not be charged to event sponsors based on the subject matter of the event or the viewpoints, opinions, expression of the sponsors, event performers, or others participating in the event.