Free Speech & Expression

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
 
 
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."

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
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:

  • Defamation: Intentionally making false statements about a specific person that has the effect of damaging their reputation with material repercussions.

  • Incitement of Violence: Statements that are intended, or likely to provoke, a physically violent response and are directed toward a specific individual.

  • Harassment: Speech that targets a specific individual based upon their membership in a protected identity category such as gender, race, or religion, and interferes with their access to educational opportunities.

  • Time, Place, and Manner: The government permits public entities like UNH to impose restrictions of expressive activities to appropriate times, locations, and methods of delivery, provided these restrictions are uniformly applied.

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.”


Generally speaking, First Amendment protections include pejorative and even discriminatory language that may be perceived as “hateful," unless it violates one of the aforementioned restrictions. Thus, without minimizing the potential negative impacts of "hate speech," the University recognizes that hate speech is generally protected by the First Amendment.

 
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.
 

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:

  • Plan an alternative event: One of the most effective responses to such events is to develop alternative programming that highlights our community’s commitment to inclusion. This can include educational forums, arts, lectures, dance, or other social events that celebrate identity. Potential collaborators for events are student organizations, student governance bodies, or local organizations. 
  • Engagement: If you feel it is safe and healthy to do so, attend the event, ask questions, and express your perspective. Leave the event at any time you feel it is no longer productive or in your best interest to attend. 
  • Intentional Avoidance: Choosing not to engage with an event is your right and a personal choice. There are many indirect and proactive forms of engagement, including non-attendance.
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  • inter-group collaborations: If an event runs counter to the values or identities of multiple organizations, work together to develop a response that supports group members and the community.
  • Know your options for lawful protest: All forms of protest must meet Time, Place, and Manner requirements in order to be legally permitted. For more information Review the Guidelines of Peaceful Dissent section of the Freedom of Expression Policy. If you have questions about how to protest within university guidelines and need support, email community.standards@unh.edu.
  • INVEST IN YOUR mental health and emotional wellbeing: Participate in the events as you're able. Psychological and Counseling Services provides timely, culturally appropriate, and effective mental health services. Contact them if you need assistance, and make this resource known to others in your community.
  • SUBMIT A BIAS REPORT: If you believe an event or incident violates a university policy, you may report it to the Civil Rights and Equity Office or community standards.

A photo of a bullhorn

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