Operating Policies and Procedures Manual

Effective Date:  12/18/98
Policy Number:  03-14
Section:  Administration
Subject:  Freedom of Expression

POLICY

No rights are more highly regarded at Arkansas State University than the First Amendment guarantees of freedom of speech, freedom of expression, and the right to assemble peaceably. Arkansas State University remains firmly committed to affording each member of the university community the opportunity to engage in peaceful and orderly protests and demonstrations. However, these activities must not disrupt the operation of the university. Additionally, such opportunities must be provided on an equal basis and adhere to the basic principle that the university will remain neutral as to the content of any public demonstration. In order to achieve this objective, while at the same time ensuring that the institution fulfills its educational mission, the university has the responsibility to regulate the time, place and manner of expression. Through such regulation, equal opportunity for all persons can be assured; order within the university community can be preserved; university property can be protected; and a secure environment for individuals to exercise freedom of expression can be provided.

The following provisions and regulations shall apply to faculty, staff, students, student organizations, and visitors:

1. SPEECHES AND DEMONSTRATIONS

The area designated as the Free Expression Area for speeches and demonstrations at Arkansas State University is on the lawn near the arch located south of Wilson Hall. This area will generally be available for this purpose between 8:00 a.m. and 9:00 p.m. Monday through Friday. Use of this area for speaking, demonstrating and other forms of expression will be scheduled through the Associate Dean/director of Student Union in order to accommodate all interested users. Should any individual or group desire the use of other areas of the campus and other times for speeches and demonstrations, a request must be made to the Vice Chancellor for Student Affairs (or designee) at least 72 hours in advance of the vent. Such plans will be considered in accordance with the principle of content neutrality. 

2. DISTRIBUTION OF WRITTEN MATERIAL

Non-commercial pamphlets, handbills, circulars, newspaper, magazines and other written materials may be distributed on a person-to-person basis in the following designated areas:

1. Between Chickasaw Building and Nursing Building - east of Caraway Road
    

2. Between the Post Office and Fine Arts Building - east of Caraway Road
    

3. Outside front entrance of Lab Science East - west of Caraway Road
    

4. Plaza between Dean B. Ellis Library and Education Building - across from track
    

5. Campus Mall between the Dean B. Ellis Library and Administration Building - near emergency phone
    

6. North of the Business Building
    

7. East of the Physical Education Building - west of Marshall Street
    

8. Freedom of Expression Area (if not occupied)
    

 No stand, table or booth shall be used in distribution areas except at the Free Expression Area and only with permission from the Associate Dean/Director of Student Union's office. The university maintains a position of neutrality as to the content of any written material distributed under this policy.

The distribution of commercial materials and publications is covered by the Campus Solicitation Policy and is prohibited. 

1. MARCHES

Marches may take place on streets and sidewalks of the campus. In order to ensure the safety of all individuals, the Vice Chancellor for Student Affairs (or designee) must approve plans for an event of this nature at least 72 hours in advance. 

2. PROVISIONS

In order that persons exercising their freedom of expression not interfere with the operation of the university or the rights of others, the following stipulations shall apply, without exception, to any form of expression and will be used to evaluate any plan requiring approval. Reasonable limitations may be placed on the time, place and manner of speeches, demonstrations, distribution of written material and marches in order to serve the interests of health and safety, prevent disruption of the process, and protect against invading the rights of others.

1. Events that may obstruct vehicular, pedestrian or other traffic on streets or sidewalks in the Free Expression Area must be approved at least 72 hours in advance by the Associate Dean/Director of the Student Union.
    

2. Use of sound amplification on campus is regulated and must be approved at least 72 hours in advance by the Associate Dean/Director of Student Union.
    

3. There must be no obstruction of entrances or exits to buildings.
    

4. There must be no interference with educational activities inside or outside of buildings.
    

5. There must be no impediment to normal pedestrian or vehicular traffic or other disruptions of university activities.
    

6. There must no interference with scheduled university ceremonies, events or activities. Damage or destruction of property owned or operated by the university, or damage to property belonging to students, faculty, staff or guests of the university is prohibited. Persons or organizations causing such damage may be held financially responsible.
    

7. Persons or organizations responsible for a demonstration or other freedom of expression event must remove all resulting structures, signs and litter from the area at the end of the event. If this is not accomplished, persons or organizations responsible for the event may be held financially responsible.
    

8. There must be compliance with all applicable state and federal laws and university policies, rules and regulations.

Approved by Board of Trustees December 18, 1998.