Location: Raleigh, North Carolina
Federal Circuit: 4th Circuit
North Carolina State University – Raleigh has been given the speech code rating Yellow. Yellow light colleges and universities are those institutions with at least one ambiguous policy that too easily encourages administrative abuse and arbitrary application. Read more here.
January 10, 2006
FIRE teamed up with the John William Pope Center for Higher Education Policy to release the Report on the State of the First Amendment in the University of North Carolina System. The Report notes that UNC System’s many speech codes and illiberal restrictions on religious groups would likely not survive a legal challenge. It also reveals that “13 out of the 16 schools in the UNC System have at least one policy that both clearly and substantially restricts freedom of speech.”» Read More
Speech Code Category: Protest and Demonstration Policies
“Non-Commercial Solicitation” means any distribution of leaflets, brochures or other written material, or oral speech to assemblies or passersby, conducted without intent to obtain commercial or private pecuniary gain. This definition does not include the dissemination of information for purposes of the administrative, academic, research, or extension activities of the University. … Groups wishing to conduct any form of solicitation on University premises must have the written permission of the SORC in advance.
Speech Code Category: Protest and Demonstration Policies
Assemblies, events, and public addresses must be approved by SORC and, if applicable, the person responsible for the facility or location where the activity is to be held. Permission from SORC will be granted, subject to reasonable time, place, or manner limits. In addition, permission may be limited to events that are consistent with the University’s mission and purpose of the location.
Anyone who wishes to sponsor or organize an assembly, event, or public address on University premises must apply to the SORC for a permit.
The application for a permit must be received at least 48 hours before the proposed time and date of the event.
If University Police determines that event security is required for the event the University, Student, or Non-University Group shall be responsible for paying all costs for the security personnel and for other security measures including, but not limited to, barricades, metal detectors and parking control measures, as specified by the University Police Chief or designee.
Speech Code Category: Posting and Distribution Policies
Space beyond the interior of one’s assigned room (e.g., windows and door exteriors) is considered to be public space and, therefore, is maintained under the jurisdiction of University Housing. Residents have the right to approach anyone who displays a decoration which they believe to be offensive or obscene in order to discuss their concern. Students will be asked to remove offensive material from public view.
Speech Code Category: Harassment Policies
2.2.2 Hostile Environment Harassment occurs when unwelcome conduct based upon an individual’s age (40 or older), color, disability, gender identity, genetic information, national origin, race, religion, sex (including pregnancy), sexual orientation or veteran status is sufficiently severe or pervasive to:
· deny or limit a student’s ability to participate in or benefit from NC State’s programs or activities; or
· create an intimidating, threatening or abusive educational environment.
· create an intimidating, hostile or offensive working environment.
A Hostile Environment is determined by looking at whether the conduct is objectively offensive (i.e., a reasonable person would find it to be) and subjectively offensive (i.e., the person who is the object of the unwelcome conduct finds it to be).
All relevant circumstances are examined as part of this determination, including but not limited to, the type of Harassment (e.g. whether verbal, physical, electronic); the frequency of the conduct, the severity of the conduct, the protected group status and relationship of the individuals involved, whether the conduct was physically threatening or humiliating, whether the conduct unreasonably interfered with work performance (for employees) or academic performance (for students). When sufficiently severe, a single instance of unwelcome conduct (e.g., sexual assault) may constitute Hostile Environment Harassment.
Speech Code Category: Policies on Tolerance, Respect, and Civility
Living on campus provides unique experiences for students to interact with others from diverse groups and backgrounds. Residents engage in interactions that promote learning and appreciation of each other’s individuality. The privilege of living on campus comes with responsibilities for personal behaviors regarding others in the community.
To create a positive living and learning environment, campus residents must be civil with each other. Residents are expected to understand the impact of their individual actions on the community and change any behavior that does not support our community expectations, stated below:
As a member of our residential community, students will:
- Speak to each other in a civil manner.
- Recognize how their actions and language impact the community.
- Treat community members with consideration and respect.
- Refrain from displaying items that are disrespectful and hurtful to others.
- Refrain from utilizing technology in a way that is disrespectful and hurtful to others.
- Create a community in which actions of bigotry, oppression and hatred will not be tolerated.
- Confront behavior or report to staff members any incidents of incivility and intolerance.
Speech Code Category: Advertised Commitments to Free Expression
The University of North Carolina is dedicated to the transmission and advancement of knowledge and understanding. Academic freedom is essential to the achievement of these purposes. The University, therefore, supports and encourages freedom of inquiry for faculty members and students to the end that they may responsibly pursue these goals through teaching, learning, research, discussion, and publication, free from internal or external restraints that would unreasonably restrict their academic endeavors.
September 27, 2012
This week I take my show on the road to the University of North Carolina — Chapel Hill, one of those “liberal” colleges. There the word “Freshman” is banned as sexist (“First Year”, freshman are now called). It’s a violation of the school’s speech code to “explicitly or implicitly ask for sex” (So how does a student get there…). Hadley Heath, a UNC graduate, says that debate on campus is stifled and if you’re not a liberal… better keep to yourself. Derek Spicer thought that his school— North Carolina State University— engaged in censorship in the name of “civility.” He reached […]» Read More
September 20, 2012
Scrolling through Facebook posts, listening to talking heads, cringing at anonymous online commenters can lead to pretty easily identifiable instances of disrespectful or unkind discourse. But is asking for civility just another act of censorship? Derek Spicer of Apex thinks so. And anything that dampens debate on a college campus in particular is just downright dangerous to the N.C. State graduate. Spicer, 22, spent three years as a resident adviser at NCSU, graduating in May with a degree in political science. In fall 2011, the university instituted a civility statement requiring residents to “speak to each other in a civil […]» Read More
April 10, 2009
College sports fans, be careful of the company you keep on Facebook. You might get yourself _ and the program you support _ in trouble. That was the lesson this week for Taylor Moseley, a North Carolina State freshman who expressed a common-enough opinion on campus when he started the Facebook group called “John Wall PLEASE come to NC STATE!!!!” More than 700 people signed up for the group encouraging Wall _ a local standout and the nation’s No. 1 basketball recruit _ to pick the Wolfpack by national signing day next week. But the NCAA says such sites, and […]» Read More
October 22, 2004
By John T. Plecnik at Front Page Magazine The John William Pope Center for Higher Education Policy hosted its annual policy conference at North Carolina State University last Saturday on October 16, 2004. The topic: “Freedom and the American Campus.” All-star panels articulated the reality of liberal bias on college campuses, and debated possible solutions. Notables included David Horowitz of FrontPageMag.com, former U.S. House Historian Dr. Christina Jeffrey, and David French of the Foundation for Individual Rights in Education (FIRE). During the conference, it was reported that a memo was circulating among the faculty and administration of N.C. State warning […]» Read More
April 6, 2015
According to a report by Campus Reform’s Kaitlyn Schallhorn posted last week, a North Carolina State University administrator emailed students to encourage them to cover up offensive speech painted in the university’s Free Expression Tunnel. Students are (supposedly) welcomed by the university to use the Tunnel to express themselves openly on a range of topics, from current events to birthday messages and event details. In past years, students and administrators have disapproved of, and attempted to monitor or even censor, expression deemed to be “hate speech.” As FIRE has explained before, administrators at NC State, a public university bound by […]» Read More
January 3, 2014
As part of a blog series about some of the best “green light” university policies, we took a look last week at Mississippi State University’s policy on “Harassment” and examined why it is a useful model for other colleges and universities to follow in properly addressing harassment on campus. Today, we take a look at North Carolina State University’s “Civility Statement,” another exemplary green light policy. FIRE is no stranger to witnessing universities misapply the rationale of “civility” to censor and punish expression protected by the First Amendment. While civility and civil discourse are laudable objectives, schools veer into the territory of restricting First Amendment activity […]» Read More
October 2, 2012
It’s been a big television week for FIRE. Last Thursday, I appeared alongside Campus Freedom Network members David Deerson and Derek Spicer on an episode of the Fox Business Network show Stossel, filmed at the University of North Carolina at Chapel Hill (UNC). We had a great discussion of speech codes at UNC and civility codes at North Carolina State University. If you missed it on Thursday, you can watch the segment online now. And last night, the late—night Fox News show Red Eye w/ Greg Gutfeld featured a segment about FIRE’s latest video, featuring student Morgan Freeman of Sam […]» Read More
September 10, 2012
FIRE’s latest victory in the battle against “civility” speech codes on campus has hit the news. Both The Chronicle of Higher Education and Minding The Campus report on the welcome revision of North Carolina State University’s civility policy. Check them out!» Read More
November 5, 2010
Early yesterday morning, a group of students gathered at North Carolina State University’s free expression tunnel to protest against hate speech. The tunnel, which is free for students to paint with messages of their choice, had reportedly been painted with a caricature of President Obama and homophobic and racial slurs. In response, a group of students blocked all access and painted the tunnel black in protest. They’ve asked for penalties for anyone who writes “hate speech” in the tunnel, and greater surveillance of the tunnel in order to identify perpetrators. By the time FIRE got there, the protesters had left. […]» Read More
April 24, 2009
The First Amendment scored a victory this week at the University of North Carolina-Chapel Hill when UNC removed and arrested six hecklers who disrupted a campus speech by former Virginia congressman and illegal immigration opponent Virgil Goode. Goode was invited to speak on campus by a group called Youth for Western Civilization. Problems with disruptive hecklers had been expected in the wake of a speech last week by former Congressman Tom Tancredo, another outspoken opponent of illegal immigration, which abruptly ended when violence erupted. During Tancredo’s speech, a window was shattered and police used pepper spray to disperse unruly protestors […]» Read More
April 17, 2009
I blogged on Wednesday on the press generated by FIRE’s successful effort to get Virginia Tech President Charles Steger to shelve a requirement that would have more deeply ensconced a “diversity” requirement for tenure and promotion for the university’s arts and sciences faculty. FIRE’s efforts and success at Virginia Tech were reported by The Chronicle of Higher Education (subscription required) and the Richmond Times-Dispatch as well as several blogs. You also may have noticed that there was a bit of a ruckus kicked up by University of Pennsylvania professor John L. Jackson, Jr., in a post on Brainstorm, a blog […]» Read More
April 15, 2009
The Associated Press reports that the National Collegiate Athletic Association (NCAA) is putting pressure on member schools to crack down on student-operated Facebook groups which urge talented high school athletes to attend their college or university. The AP’s story, which has been picked up by over 200 news outlets in the past week, details what happened after Taylor Moseley, a freshman at North Carolina State University, created a Facebook group titled “John Wall PLEASE come to NC STATE!!!!”. (John Wall is a heavily recruited high school basketball player; the AP notes he is “the nation’s No. 1 basketball recruit.”) Moseley’s […]» Read More
February 13, 2009
The Technician, the student newspaper at North Carolina State University (NCSU), reports that the Campus Culture Task Force Committee for North Carolina State University is still soliciting input from concerned students and community members, and will continue to do so until Monday, February 16. The committee, formed after the discovery of racist comments painted on the school’s Free Expression Tunnel, is seeking public input prior to submitting a report to University Chancellor James Oblinger regarding the campus climate, the Free Expression Tunnel, and the student code of conduct. So far, feedback to the committee has been limited and mostly focused […]» Read More
January 21, 2009
Jon Sanders, a policy analyst and research editor at the Raleigh, North Carolina-based John Locke Foundation, has written an astute column on North Carolina State University’s venerable “Free Expression Tunnel,” which has been a flashpoint for controversy in the wake of the election of President Barack Obama. Torch readers will remember that shortly following Obama’s election, a series of racist messages seeming to threaten harm to the President-elect appeared in the tunnel. Local law enforcement and the United States Secret Service investigated the incident, but neither agency found the graffiti to be criminal, deciding that the statements did not constitute […]» Read More
January 12, 2009
The second season of FIRE’s podcasting series, FIREside Chats, kicks off with Samantha Harris’ December 26 interview on NewsTalk 680 WPTF in Raleigh, North Carolina. Samantha is FIRE’s Director of Speech Code Research. During the interview, Samantha discusses speech codes in the University of North Carolina System, FIRE’s Spotlight on Speech Codes Report, and the incident that recently occurred in the Free Expression Tunnel at North Carolina State, where racist remarks about President-elect Obama were spray painted. The interviewers, Rick and Donna Martinez, have also written a blog post today on their interview with Samantha, where they discuss the repercussions […]» Read More
December 2, 2008
Adam and Robert wrote last week about racist messages written in North Carolina State University’s “Free Expression Tunnel.” Now, two North Carolina newspapers have weighed in on the controversy. On Saturday, an editorial in the News-Record of Greensboro, N.C., comments on President Erskine Bowles’ instituting a commission to consider a system-wide policy to ban this sort of speech as a “hate crime.” The News-Record warns, however, When freedom of speech is curtailed for any reason, the danger exists of suppressing it too widely and for the wrong motives. Exactly how do authorities create a policy that clearly distinguishes between expression […]» Read More
December 2, 2008
Katherine Lewis Parker, Legal Director for the American Civil Liberties Union of North Carolina Legal Foundation (ACLU-NCLF), wrote to UNC system President Erskine Bowles last week regarding the much-publicized case of racist speech in the “Free Expression Tunnel” at North Carolina State University (NCSU). The North Carolina ACLU got engaged in this issue once Bowles directed the UNC schools to consider a ban on “hate speech” in response to the legal but derogatory graffiti painted in the tunnel. The ACLU-NCLF, according to Parker, “disagree(s) with the need for—or the constitutionality of—a proposed speech code in response to the incident [and] […]» Read More
November 25, 2008
“Anger and controversy,” Robert wrote yesterday, “have been swirling at North Carolina State University about messages painted in N.C. State’s ‘Free Expression Tunnel’ on November 5 in the wake of Barack Obama’s presidential election victory.” The messages were clearly racist and have disturbed people both on and off campus. Why has N.C. State censored these messages but in fact has celebrated the display of other violent messages against the leader of another country? Someone once painted a poem in the Tunnel which many people on campus probably would interpret as “hate speech” against Muslims. The poet called an Islamic nation’s […]» Read More
November 24, 2008
For the last two weeks, anger and controversy have been swirling at North Carolina State University about messages painted in N.C. State’s “Free Expression Tunnel” on November 5 in the wake of Barack Obama’s presidential election victory. One message reportedly read, “Hang Obama by a noose.” Here is a picture of another one, which read, “Let’s shoot that nigger in the head!” These messages have been widely and severely criticized across campus and beyond. I have been unable to determine if any other such messages were painted. Since the incident, four students (whose names have not been revealed) have admitted […]» Read More
October 8, 2007
North Carolina State University persuades students to enroll by advertising their “Free Expression Tunnel,” which “gives students a venue for expressing their thoughts and feelings about anything.” Well, not anything. According to a recent report, NC State officials regularly monitor the tunnel for things like “hate speech” and then paint over whatever they do not want others to see. Zachary Moser-Katz reports (see page image) that NC State official David Hatch sees such postings as “hate crime issues.” Jon Barnwell, captain of the campus police, told Moser-Katz: There is a blanket rule for facilities to remove any speech that is […]» Read More
April 19, 2005
Those of you who, like me, are concerned about issues of piracy in the modern age have good reason to worry, as pirates have evidently taken over the student government of North Carolina State University. Fox News is reporting that a gentleman named The Pirate Captain was just elected president of NCSU’s student body. He wears a beard, a Seinfeld-esque “puffy shirt,” an eyepatch, and sometimes a parrot. The Pirate Captain, who as a landlubber once carried the name of Will Piavis, seems, unlike most pirates, to be a fan of representative democracy, and he and his “scurvy crew” (his […]» Read More