University of South Alabama: Student Directed to Remove Pro-Trump Sign

April 17, 2017

A University of South Alabama administrator demanded that a student remove a Trump campaign sign from his dorm room window, citing the university’s 501(c)(3) tax status.

Student Handbook: Use of University Space, Facilities, and Grounds- Expressive Activity

Speech Code Category: Protest and Demonstration Policies
Last updated: May 16, 2017

For USA students or employees, all areas of the University campus are open for expressive activities, except for the following:

● Areas between the street side of University buildings and facilities on the periphery of campus from the portal of North Drive to the corner of campus at Old Shell Road and University Boulevard and to the portal of Stadium Drive and the public sidewalks. (For reference, the areas between the public sidewalks along Old Shell Road and University Boulevard and the red line depicted on the map available here www.southalabama.edu/ departments/studentaffairs/resources/USA%20Perimeter%20Map_1.pdf are restricted areas as described in this section.)

● Areas within 100 feet of academic buildings or residential housing buildings

● Mitchell Center and grounds

● Moulton Tower and Alumni Plaza

● USA Health System’s Hospitals, Clinics, and grounds, with the exception of public streets and sidewalks at those facilities

Any expressive activity beyond the Student Center will require that the University be able to identify the University individual or organization involved and that person or organization must abide by these regulations.

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Student Handbook: Code of Student Conduct- Conduct which is disorderly or indecent

Speech Code Category: Policies on Tolerance, Respect, and Civility
Last updated: May 16, 2017

“Disorderly conduct” occurs when an individual acts with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, when he/she: … In a public place, uses abusive or obscene language or makes an obscene gesture.

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Sexual Misconduct Policy & Complaint Resolution Procedures

Speech Code Category: Harassment Policies
Last updated: May 16, 2017

1. Definition of Sexual Harassment Sexual harassment is unwelcome conduct of a sexual nature. Sexual harassment rises to the level of sex discrimination, and is prohibited by this policy as sexual misconduct, when: … Such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating what a reasonable person would perceive as an intimidating, hostile, or offensive employment, education, or living environment (i.e., a “hostile environment”).
…
3. Examples of Sexual Harassment Sexual harassment can occur between individuals of the opposite sex and individuals of the same sex. Specific examples of conduct that may constitute sexual harassment if unwelcome include:
…
Sexual innuendos, jokes, humor, or gestures.
Displaying sexual graffiti, pictures, videos or posters.
Using sexually explicit profanity.
Asking, or telling, about sexual fantasies, sexual preferences, or sexual activities.
…
Calling a person derogatory epithets based on stereotypical notions of how a person of a given sex or sexual identity should look, speak, or act.
Sending sexually explicit emails, text messages, or social media posts.
Commenting on a person’s appearance or dress in a sexual manner.

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Student Handbook: Code of Student Conduct- Sexual Harassment

Speech Code Category: Harassment Policies
Last updated: May 16, 2017

The term “sexual harassment” includes, but is not limited to, verbal or non-verbal conduct that a reasonable person would find intimidating, demeaning, hostile, or offensive with an inappropriate focus on sex, sexual history, individual gender-based characteristics, or sexual orientation; unwelcome verbal or physical advances; attempts to subject a person to unwanted sexual attention or to coerce a person into sexual relations; and/or retaliation for a refusal to comply with sexual demands. Said conduct must be unwelcome and must be so severe and pervasive that it has the purpose or effect of interfering with an individual’s educational experience or creating an intimidating, hostile, or offensive learning environment.

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Student Handbook: Posting Policy

Speech Code Category: Posting and Distribution Policies
Last updated: May 16, 2017

Reservations for all flyers, posters, and banners (with the above exceptions) should be made at the Student Center Information Desk located on the first floor. Groups or departments that have their own bulletin board do not need to make reservations for postings on their own board. All reserved flyers, posters and banners must bear the stamped reservation date of the Student Center Office except those utilized in spaces designated for a specific organization or department. … Materials may not contain obscene language, drawings, or illustrations. Materials may not make any reference in print or graphics to alcohol.

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Student Handbook: Policies- Student Computer Policy

Speech Code Category: Internet Usage Policies
Last updated: May 16, 2017

Activity that violates state or federal law. This may include viewing, downloading, posting, printing or sending pornography, or other sexually explicit, profane, obscene, hostile, or blatantly offensive and intimidating material, including hate speech, threats, harassing communications (as defined by law), or information that violates any state or federal laws.

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Student Handbook: USA Spirit

Speech Code Category: Policies Restricting Freedom of Conscience
Last updated: May 16, 2017

Becoming a member of the University of South Alabama’s community necessitates that the spirit of a truly civilized community be fully embraced.
As a member of the University community: …

I will respect the spirit of equality which upholds the dignity of all persons. … a commitment to this ideal means I will not compromise or demean the dignity of individuals or groups, including hazing, intimidation, teasing, baiting, insulting, harassing, and discrimination. Instead, I will uphold the worth of all individuals.

I will uphold the spirit of diversity which celebrates differences and discourages bigotry. … a commitment to this ideal affirms support for equal rights regardless of  age, sex, race, religion, disability, ethnic heritage, socio-economic status, political, social or other affiliation.

I will practice the spirit of stewardship which seeks to conserve the earth’s resources and to properly use all resources at my disposal. … a commitment to this ideal means I will conserve the campus environment and will use the resources provided me wisely, not wasting where I can conserve, not expecting others to pick or clean up. …

When one embraces the Spirit of South Alabama by joining the community, it behooves that person to exemplify and encourage behavior which promotes integrity, equality, privacy, diversity, service, stewardship, and involvement.

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Student Handbook: Code of Student Conduct- Harassment

Speech Code Category: Harassment Policies
Last updated: May 16, 2017

The term “harassment” means conduct that, in the aggregate, is sufficiently pervasive, persistent, or severe that a reasonable person with the same characteristics of the victim of the harassing conduct would be adversely affected to a degree that interferes with his or her ability to participate in or to realize the intended benefits of an institutional activity, employment or resource. It is also defined as using abusive language, including electronic communication, tending to incite an immediate breach of the peace to any person, persistent following or stalking of a person, or engaging in a course of conduct or repeatedly committing acts that cause mental or physical harm to another person.

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Student Handbook: Code of Student Conduct- Discriminatory Harassment

Speech Code Category: Harassment Policies
Last updated: May 16, 2017

The term “discriminatory harassment” refers to intentional behavior, including but not limited to written, electronic, verbal, or physical acts that denigrate or show hostility toward an individual on the basis of race, color, religion, sex, sexual orientation, national origin, gender identity, age, protected veteran status, genetic information, or disability.
Such behavior must be unwelcome and sufficiently pervasive, persistent or severe that a reasonable person with the same characteristics of the victim of the harassing conduct, in the aggregate, would be adversely affected to a degree that interferes with his or her ability to realize the intended benefits of an institutional activity, employment or resource.

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Student Handbook: Code of Student Conduct- Student Rights and Responsibilities

Speech Code Category: Advertised Commitments to Free Expression
Last updated: May 16, 2017

The University of South Alabama is a community of scholars in which the ideals of freedom of inquiry, freedom of thought, freedom of expression, and freedom of the individual are sustained. The University is committed to supporting the exercise of any right guaranteed to individuals by the Constitution and the Code of Alabama and to educating students relative to their responsibilities.

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Alabama’s Colleges, Universities Must Defend Free Speech

November 18, 2015

By J. Pepper Bryars at Alabama Media Group The uneducated comments coming from higher education these days are startling. Over at the University of Missouri, a student body representative recently said she’s “tired of hearing that First Amendment rights protect students” who engage in speech she deems hostile. Up at Amherst College in Massachusetts, students are demanding the school issue a statement saying it does “not tolerate the actions of students who posted … the ‘Free Speech’ posters.” And here in the South, students at Vanderbilt University are protesting a professor who once wrote that Islam was “dangerous” and that […]

Students Sue University Over Policy Banning Pro-Life ‘Cemetery of Innocents’ Display

September 5, 2014

By Michael Gryboski at The Christian Post A pro-life student organization with chapters across the country has filed a complaint against the University of South Alabama over its “solicitation policy.” Students for Life USA filed a complaint arguing that South Alabama‘s policy restricted their right to hold an event known as the “cemetery of innocents.” The student organization is being legally represented by Alliance Defending Freedom, which sent an amended complaint to South Alabama last month. David Hacker, senior legal counsel with ADF, told The Christian Post that a response from the university was expected within the next couple of weeks. Hacker also […]

Troy art student sues after nude photos banned

November 1, 2005

An art student sued Troy University on Monday, saying the school violated his free speech rights by censoring his artwork and implementing a campus speech code that unconstitutionally restricts speech. The lawsuit, filed in U.S. District Court in Montgomery, contends Troy officials removed portions of Blake Dews’ artwork because it featured female nudity. The university issued a statement defending its decision on Dews’ art. ”The photographs in question displayed male full frontal nudity and the university did not consider the photographs to be consistent with our community ‘s standards,” the statement said. ”This is a matter now under litigation and […]

University of South Alabama backs down after ordering student to remove pro-Trump sign

April 13, 2017

Nearly 100 days into the Trump presidency, some college administrators are still fearful that their college’s tax-exempt status may be in jeopardy because of students’ political signs. That was the case at the University of South Alabama last week when student David Meredith put a “Trump/Pence 2016” sign in his dormitory window, months after Trump took office. As FIRE detailed in our letter to the university, administrators ultimately charged Meredith for violating orders to remove the sign, notwithstanding his objection that the First Amendment protected its display. The university has, wisely, since dropped the charges. The day after Meredith posted […]

Federal Judge Issues Mixed Ruling in U. of South Alabama Free Speech and Due Process Case

February 17, 2015

Last August, I reported on a University of South Alabama (USA) student group’s federal lawsuit alleging that the university violated the group’s members’ First Amendment right to free expression by confining them to a tiny “speech zone” on campus, and that its overbroad and vague policies violate students’ due process and equal protection rights. Earlier this month, Chief District Judge William H. Steele ruled on USA’s motion to dismiss the case, dismissing some claims and allowing other claims to survive. The case arose after USA administrators repeatedly denied Students for Life USA’s requests to set up a “Cemetery of the […]

U. of South Alabama Pro-Life Group Alleges First, Fourteenth Amendment Violations

August 29, 2014

The University of South Alabama (USA) student group Students for Life USA filed suit against the university in federal court in April, alleging that by restricting the group’s speech to a tiny “speech zone” on campus, the university violated members’ First Amendment right to freedom of expression, as well as their Fourteenth Amendment rights to due process and equal protection. Earlier this month, USA revised a solicitation policy at issue in the lawsuit, but according to Students for Life USA and the group’s counsel, Alliance Defending Freedom (ADF), the second policy identified in the suit still infringes on student rights. ADF filed an amended complaint (PDF) this week, which includes requests to enjoin enforcement of both policies and to provide nominal damages and attorneys’ fees.