University of North Carolina System: State of the First Amendment

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.”

Facilities Use Policy: Free Speech and Assembly Area

Speech Code Category: Protest and Demonstration Policies
Last updated: August 4, 2017

VI. Open Assembly and Expression Area

A. Subject to restrictions on the use of UNCSA facilities prescribed in this policy and procedure and elsewhere.  UNCSA permits assemblies and gatherings of University-sponsored, University-affiliated, and non-affiliated groups (Groups A, B, C) without prior approval, in the area located at the athletic field between the Film Village and the Fitness Center.  See Appendix 2 – Campus Map. UNCSA may permit assemblies and gatherings, with prior approval, at other exterior locations.

B. Although prior approval of gatherings in the Open Assembly and Expression Area is not required, notification of the intent to hold a gathering or assembly must be given to the UNCSA Dean of Students and the UNCSA Department of Police & Public Safety, at least 48 hours in advance.

C. Assemblies and gatherings in the Open Assembly and Expression Area, and other exterior locations, must be conducted without sound amplification equipment, unless approved by the UNCSA Dean of Students and the UNCSA Department of Police and Public Safety.

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College Handbook: Poster Policy for Hanes Student Commons

Speech Code Category: Posting and Distribution Policies
Last updated: August 4, 2017

All posters must clearly note the group, business, person, or organization responsible for the posting with full name and accurate contact information. The posting date must be designated on the poster. Posters that do not have the full information described above will be removed immediately.

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College Handbook: Student Code of Conduct

Speech Code Category: Harassment Policies
Last updated: August 31, 2016

Harassment, intimidation, threats, or coercion. No student shall threaten, coerce, harass or intimidate another person or group based upon the person’s or group’s race, color, national origin, religion, sex, age, sexual orientation, gender identity, gender expression, genetic information, disability, veteran status, or political affiliation. This includes hate crimes.

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College Handbook: Student Code of Conduct

Speech Code Category: Advertised Commitments to Free Expression
Last updated: August 31, 2016

UNCSA embraces and strives to uphold the freedoms of expression and speech guaranteed by the First Amendment of the U.S. Constitution and the North Carolina Constitution.

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Title IX Policy Including Prohibited Harassment, Sexual Misconduct and Discrimination Policy

Speech Code Category: Harassment Policies
Last updated: August 31, 2016

Note: This Policy is currently undergoing revision to comply with applicable law.

…

a. “Biased-Related Harassment” means all unlawful harassment plus harassment based on political affiliation or sexual orientation that create a hostile working or learning environment or circumstances involving quid pro quo.

b. “Hostile Environment Harassment” means unwelcome conduct that has the effect of either
i. unreasonably interfering with an individual’s work, academic, artistic, or administrative performance; OR
ii. creating an intimidating, hostile, or offensive working or learning environment for the harassed individuals and/or others.

c. “Quid Pro Quo Harassment” means unwelcome conduct such as unwelcome sexual advances, request for sexual favors, or other verbal or physical conduct when i. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, employment decisions, academic or artistic standing or receipt of a needed UNCSA service; OR ii. submission to, or rejection of, such conduct by an individual is used as the basis for decisions affecting such individual in matters of employment, academic or artistic standing, or receipt of a needed UNCSA service.

d. “Unlawful Harassment” means unwelcomed or unsolicited speech or conduct based upon race, color, gender, age, national origin, religion, creed, genetic information, disability as defined by N.C.G.S. § 168A-3, veteran’s status, sexual orientation, gender identity, or gender expression that creates a hostile work environment or circumstances involving quid pro quo.

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NCSA, UNC accused of restricting free speech

July 2, 2007

A report published recently by the Foundation for Individual Rights in Education (FIRE) criticized the UNC system, including the North Carolina School of the Arts, of violating the right to free speech guaranteed in the first amendment. In the report dated January 10, 2006, FIRE called the UNC system “…one of the most likely places to find rules and regulations that restrict expression or dictate matters of conscience….” The report, entitled The State of the First Amendment in the University of North Carolina System, identifies policies stated in the UNC Board of Governors handbook, as well as in 13 of […]

Are colleges trying to be too nice?

January 24, 2006

RALEIGH – Can niceness be codified? Can you actually make a policy requiring politeness and only politeness? Apparently a number of colleges and universities across the nation, including some in North Carolina, think you can. The Foundation for Individual Rights in Education, an organization monitoring First Amendment practices on college campuses throughout the nation, believes that a number of the state’s public universities go overboard in trying to mandate niceness. In fact, a report that FIRE recently issued says that policies at many schools in the University of North Carolina system are overbroad and likely unconstitutional. “Disproportionately, we are finding […]

Republicans and Libertarians, unite!

January 24, 2006

Dear George: First of all, I want to thank you and the Pope Center for Higher Education Policy for sponsoring my recent speech at Wake Forest University. I also want to apologize for wasting the students’ time by giving them some advice they really didn’t need. Please allow me to explain. One of the points I emphasized in my speech was the need for College Republican groups to form coalitions with other political groups – groups that do not necessarily share their political views – to combat First Amendment abuses at colleges and universities in North Carolina. I didn’t know […]

First Amendment covers campuses, too

January 22, 2006

News & Record (Greensboro, N.C.) The First Amendment creates a free speech and assembly zone from one end of the United States to the other. Except at UNCG. University rules permit outdoor assemblies without prior approval only in two areas on campus. Even then, administrators must be given 48 hours’ notice. Fortunately, that policy is under review — just in time to prevent a legal challenge. Two students, members of College Libertarians, led a peaceful protest in front of Jackson Library in November and were charged with code-of-conduct violations. The proposed disciplinary actions against seniors Allison Jaynes and Robert Sinnott […]

A right not to be nice

January 19, 2006

by Barry Smith Times-News (Burlington, N.C.)   Attached Files A right not to be nice, PDF, 109.5 KB , Times-News (Burlington, N.C.)

UNC-G loses ground in free speech battle

January 19, 2006

Two UNC-Greensboro students recently charged with violating the university’s free speech policy are no longer in jeopardy of facing legal action. Administrators reprimanded Allison Jaynes and Robert Sinnott on Nov. 16 during their protest of the university’s free speech zones. Officials asked the students to move their demonstration to one of the two free speech zones on campus. The students refused, citing the First Amendment. UNC-G’s free speech zones were challenged again in December with the release of a report by the Foundation for Individual Rights in Education. Robert Shibley, FIRE’s program manager, said the group has successfully challenged restrictions […]

Colleges to avoid, Part III

January 17, 2006

By Mike Adams at Townhall.com It probably comes as no surprise that the third university in my “colleges to avoid” series is located in North Carolina. Recently, the Foundation for Individual Rights in Education (FIRE) and the Pope Center for Higher Education Policy published a report criticizing the UNC system for its blatant in intolerance of free expression. Of the sixteen campuses in the system, only one university – Elizabeth City State University (ECSU) – was not criticized in the report. While students in North Carolina may want to consider attending ECSU, they would do well to avoid The University […]

UNC System Suppressing Free Speech on Campuses, Says FIRE

January 17, 2006

By Jody Brown at Agape Press A new report finds that 13 out of 16 institutions in the University of North Carolina system have at least one policy that “clearly and substantially” restricts free speech. The report — released by the Foundation for Individual Rights in Education (FIRE) and the Pope Center for Higher Education — accuses UNC of being especially hostile to Christian students and their religious liberty. The report is entitled “Report on the State of the First Amendment in the University of North Carolina System” — and FIRE’s Greg Lukianoff says what is revealed in the report […]

That’s unconstitutional!

January 15, 2006

The News & Observer (Raleigh, N.C.) Two groups that often criticize the University of North Carolina system said in a report last week that most UNC campuses have policies that restrict free speech and violate the Constitution. Here are excerpts from what the Pope Center for Higher Education Policy and the Foundation for Individual Rights in Education said about Triangle campuses. N.C. CENTRAL UNIVERSITY NCCU’s Guide to On-Campus Living provides that “[s]tatements of intolerance and/or harassment due to race, ethnicity, sex, religion, disability, or sexual preference may be subject to disciplinary action.” This policy is unconstitutionally overbroad because it prohibits […]

Speech limits hurt purpose of college

January 14, 2006

By Ray Watters at Myrtle Beach Online GREENVILLE, N.C.—One of my funnier stories about college was how I got yelled at by three women the first week of my freshman year. It works better when you see me acting it out, so I’ll just cut to the punch line. My great offense was holding a door open for each of them. In the South. Horrors. It was a textbook example of what everyone had warned me about going to the University of North Carolina-Chapel Hill. Of course, all their warnings weren’t true. The seven people sharing my first dormitory suite […]

NC university system under fire

January 12, 2006

[To view the television broadcast of this story, please visit WWAYtv3.com.] WILMINGTON — North Carolina’s University system is coming under fire tonight for violating the constitution. A new study says the state system has serious first amendment violations at each state school. The report’s called [sic] Foundation for Individual Rights in Education, or FIRE, and that’s just what the author is looking to create. The report was done by conservative group, the Pope Center for Higher Education. The group comes down hardest on the larger state schools but found plenty of fault right here in Wilmington. They say UNCW’s biggest […]

Report blasts UNC’s ‘speech codes’

January 11, 2006

by Jane Stancill in The News & Observer (Raleigh, N.C.) Most University of North Carolina campuses have policies that restrict free speech and violate the Constitution, according to a report Tuesday by the Pope Center for Higher Education Policy and the Foundation for Individual Rights in Education.The analysis was commissioned by the Pope Center, a Raleigh organization that often champions conservative causes, and was conducted by FIRE, a national group that takes on free speech issues on both ends of the political spectrum.The report suggested UNC campuses are vulnerable to lawsuits unless they change their so-called “speech codes.””Hopefully they can bring themselves […]

Report outlines limits on free speech

January 11, 2006

By Erin France at The Daily Tarheel Some UNC-system school policies of free speech and nondiscrimination violate the U.S. Constitution, according to a report released Tuesday. The report, created by the Pope Center for Higher Education Policy and the Foundation for Individual Rights in Education, detailed First Amendment violations, including violations in UNC-Chapel Hill’s network acceptable use policy, and cites two examples of religious discrimination against student organizations. In 2002, the University asked the InterVarsity Christian Fellowship to remove from its charter a provision requiring members to be Christians. And in 2003, the UNC-CH refused to recognize Christian fraternity Alpha […]

City & State Briefs

January 11, 2006

A report released Tuesday says some campuses in the University of North Carolina system impose unconstitutional limits on freedom of speech. The report cited examples such as Fayetteville State University’s ban on vulgar language and UNC Greensboro’s prohibition on “disrespect for persons.” The report suggested the UNC system pay more attention to First Amendment freedoms. It was issued by the Pope Center for Higher Education Policy and the Foundation for Individual Rights in Education.

Report: School limits on free speech illegal

January 11, 2006

News & Record (Greensboro, N.C.) RALEIGH – Some public universities in North Carolina impose unconstitutional limits on freedom of speech, a report issued Tuesday said. The Pope Center for Higher Education Policy and the Foundation for Individual Rights in Education released the report. “It’s a public school system,” Greg Lukianoff, interim president of the foundation, said at a news conference in the Legislative Building. “It’s bound by the First Amendment.” One example cited in the report was a prohibition by Fayetteville State University on vulgar language. Another example was the prohibition on “disrespect for persons” at UNCG. Later this month, […]

Report says state universities illegally limit free speech

January 10, 2006

Associated Press RALEIGH, N.C. — Some public universities in North Carolina system impose unconstitutional limits on freedom of speech, according to a report issued Tuesday. The report was issued by the Pope Center for Higher Education Policy and the Foundation for Individual Rights in Education. “It’s a public school system,” Greg Lukianoff, interim president of the foundation, said at a news conference in the Legislative Building. “It’s bound by the First Amendment.” One example cited in the report was a prohibition by Fayetteville State University on vulgar language. Another example was the prohibition on “disrespect for persons” at the University […]

Report Exposes Extensive Constitutional Violations in University of North Carolina System

January 10, 2006

RALEIGH, N.C., January 10, 2006—Today, the Foundation for Individual Rights in Education (FIRE) and the John William Pope Center for Higher Education Policy released their Report on the State of the First Amendment in the University of North Carolina System. The Report explains precisely what the First Amendment obligations of the UNC System schools are—and shows that most of them are emphatically not meeting those obligations. “The revelations in our Report ought to outrage everyone in North Carolina,” said FIRE Interim President Greg Lukianoff. “The UNC System is disregarding the First Amendment at public expense, each and every day.” FIRE […]

The State of the First Amendment in the University of North Carolina System

January 10, 2006

A Joint Report of the Pope Center for Higher Education Policy and the Foundation for Individual Rights in Education Executive Summary If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us. —West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624 (1943) U.S. Supreme Court Justice Robert Jackson’s […]