Freedom of Expression Operating Procedure

• 03-14 — Freedom of Expression Operating Procedure
  • Effective Date: July 24, 2019
  • Subject: Freedom of Expression Operating Procedure

  • 1. Purpose

    This Operating Procedure is adopted to comply with Act 184 of 2019 as well as the First Amendment of the United States Constitution.

  • 2. Definitions

    This Operating Procedure adopts and incorporates the terms and definitions set forth in Section 6-60-1003 of Act 184 of 2019.

  • 3. Freedom of Expression

    Expressive activities are allowed on all outdoor areas of campus subject to the reasonable time, place, and manner restrictions set forth in this Operating Procedure as well as all applicable state and federal laws. The campus shall not create free speech zones or other designated outdoor areas of campus outside of which expressive activities are prohibited. The campus maintains a position of neutrality as to the content of any protected speech.

  • 4. Outdoor Areas of Campus

    All outdoor areas of campus shall be deemed a public forum for members of the campus community. This does not include outdoor areas where access by a majority of members of the campus community is restricted.

  • 5. Expressive Activities

    Expressive Activities are those enumerated by Act 184 as well as all forms of expression protected by the First Amendment to the United States Constitution.

  • 6. Lawful Limitations on Expressive Activities

    Members of the campus community who want to engage in noncommercial expressive activities may do so freely in the outdoor areas of campus so long as that member's conduct is 1) not unlawful, 2) does not materially and substantially disrupt the functioning of a state supported institution and 3) does not materially and substantially disrupt another person's expressive activity.

  • 7. Freedom of Association

    The campus shall not deny a student organization any benefit or privilege that is available to another other student organization or otherwise discriminate against an organization based on the expression of that organization.

  • 8. Use of Campus Property for University Sponsored Activities and Events

    All outdoor areas, owned and operated by the campus, shall be made available for use by the University for University sponsored activities and events. Official university activities and events on campus have precedence over all other events and activities taking place on campus. Any expressive activity that occurs at a location reserved for a University sponsored activity or event shall be accommodated at another outdoor area of campus so long as the accommodation is consistent with this policy.

  • 9. Prohibited Activities

    The right to engage in Expressive Activities under this Operating Procedure does not include the right to engage in the following:

    • Obstructing vehicular or pedestrian traffic.
    • Engaging in unlawful activity.
    • Engaging in activities that create a clear and present threat to public safety.
    • Engaging in true threats and expression directed to provoke imminent lawless actions and likely to produce imminent lawless actions.
    • Engaging in unlawful harassment.
    • Utilizing sound amplification devices.
    • Posting materials on University property.

  • 10. Damage to Property owned by the Campus

    Any damage to campus property caused by individuals and/or groups engaging in Expressive Activity are the financial responsibility of the individuals and/or groups who caused the damage to the property.

  • 11. Commercial Speech

    This policy does not apply to commercial speech. Off-campus individuals and organizations are not allowed to conduct or solicit commercial sales or distribute commercial pamphlets, handbills, circulars, newspaper, magazine and other written material on campus. Parties having a contract with the campus authorizing commercial advertising shall be allowed to distribute or post commercial material in accordance with the terms of their contract.

    Act 184 of 2019:
    http://www.arkleg.state.ar.us/assembly/2019/2019R/Acts/Act184.pdf