The University UNH is committed to educating and developing its students to be civically and democratically engaged citizens. This page provides a condensed and digestible resource for students to understand the privileges the First Amendment affords, applicable restrictions, as well as resources and answers to commonly asked questions about Free Speech and Lawful Assembly.
The information here is also explained fully in the University's published Freedom of Expression and Guidelines on Peaceful Dissent Policy.
![A photo of a bullhorn and a mouth to symbolize protests](/conduct/sites/default/files/media/2024-08/free-speech-issue-image.jpg)
Excerpt from Former President Obama's, 2016 Rutgers University Commencement Speech:
"If you disagree with somebody, bring them in and ask them tough questions. Hold their feet to the fire. Make them defend their positions. If somebody has got a bad or offensive idea, prove it wrong. Engage it. Debate it. Stand up for what you believe in. Don't be scared to take somebody on. Don't feel like you got to shut your ears off because you're too fragile and somebody might offend your sensibilities. Go at them if they're not making any sense. Use your logic and reason and words. And by doing so, you'll strengthen your own position, and you'll hone your arguments. And maybe you'll learn something and realize you don't know everything. And you may have a new understanding not only about what your opponents believe but maybe what you believe. Either way, you win."
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WHAT IS FREE SPEECH? |
As New Hampshire’s flagship university and public research institution, UNH is bound by the first amendment to the Constitution of the United States of America: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." Protected speech usually includes the oral or written exchange of ideas, particularly those that contain political, scientific, literary or artistic value. The commitment to free expression is at the core of UNH’s dedication to teaching, research, and public servicE.
read more on the constitution here: The first amendment
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WHEN DOES SPEECH LOSE FIRST AMENDMENT PROTECTIONS? |
Because the First Amendment is intended to allow for the expression of varied perspectives, the presentation of ideas and beliefs that conflict with your own is likely to occur. This can be, at times, uncomfortable as well as emotionally and intellectually challenging. It is, however, an equal right afforded to all persons and perspectives, which the University is legally bound to protect. This does not mean that there aren’t parameters for expressive activities. The following are forms of speech which are not protected:
other examples include ... demonstrations that interfere with vehicular or pedestrian traffic, block administrative building entrances and exits, violate fire codes or the law. Activities that are determined to pose a risk to personal safety, university property, or security will be denied or rescheduled until such time that adequate and appropriate security can be made available. discussion and reasoned discourse are necessary elements to the educational process so long as it is germane to the course session, but students have no rights to impinge on the freedom of instructors to teach or interfere with other students' right to learn. |
UNDERSTANDING "HATE SPEECH" |
Because the First Amendment affords rights to free expression, individuals may make statements about other identities' that may feel hurtful or aggressive. Typically, this raises the issue of "hate speech.”
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USING INDIVIDUAL RIGHTS EFFECTIVELY |
College campuses have a long history of respecting and valuing student activism. our campus has also been a vigorous protector of the First Amendment and students' rights to assemble peaceably and to express their beliefs, experiences, and opinions through speech and media. We take pride in our students' engagement with social and political issues, viewing it as a desirable, if not essential, component of the college experience.
However, simply because speech must be legally permitted does not mean that it is always consistent with the University's values. Therefore, in addition to the Guidelines on Peaceful Dissent, we suggest that students consider how their speech, event, or expressions may be received by their colleagues and peers at UNH, or potential employers in their field of study. We encourage individuals to also review and familiarize themselves with our Community Principles when deciding how and whether to engage in free expression on campus.
We must also consider the reputationaL impacts of our speech. Our words, especially those published online in any format, can have lasting impacts. Some speech that is permissible under campus policy and the law might also bear significant social and societal consequences that are beyond the University's control.
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SUGGESTIONS AND RESOURCES FOR COMMUNITY AND SELF-CARE |
At times, permitted controversial expressive events may pass all legal requirements and isolated incidents of racist, homophobic, or sexist speech may not violate our policies, even when they collide with our community values. How you respond to expression that you disagree with is a personal choice, not one to be made by peers, groups, or the University. The information on this website is provided to help you make an informed choice about how you exercise your right to free speech.
We offer the following suggestions for engagement, self-care, and care for your community:
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![A photo of a bullhorn](/conduct/sites/default/files/styles/max_width_480px/public/media/2024-08/bullhorn.jpg?itok=lBxE3o_C)
The university will permit legally protected outdoor ACTIVITIES. To ensure that your event does not inadvertently violate a university policy or THE law, THE RECOMMENDATIONS OUTLINED ON THIS PAGE AND IN OUR POLICY ARE INTENDED TO UNDERSCORE YOUR RIGHTS, NOT LIMIT THEM.
Inform non-affiliated participants and groups of our community policies and discuss strategies and plans for confrontation during the course of the event.
IF YOU ARE STILL UNSURE WHERE TO BEGIN, CONSIDER THE FOLLOWING SUGGESTIONS:
- IF YOU ARE WORKING TO PLAN AN outside EVENT CONTACT UNIVERSITY POLICE AND explore if your event requires a PERMIT in advance of its intended start date or direct space reservation requests to the cognizant responsible office. remember: permits that have been denied may be appealed to the dean of students. Review the appeal process in the policy!
- The Dean of Students Office is available as a resource to help you develop a plan and to understand your rights and responsibilities with regard to free expression. FOR MORE INFORMATION, VISIT THE DEAN OF STUDENTS WEBSITE ONLINE AT www.unh.edu/dean-of-students.
“To suppress expression is to reject the basic human desire for recognition and affront the individual’s worth and dignity.” — Justice Thurgood Marshall |