First Amendment

expand all

The First Amendment to the U.S. Constitution protects several fundamental rights. It states: "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." 

The First Amendment protects certain forms of speech. Protected speech can include verbal, written, symbolic, and expressive conduct such as art, music and demonstrations, including: 

  • Freedom of Speech: The First Amendment protects the right of individuals to express themselves freely, including opinions, beliefs and ideas, without government interference or censorship. This protection extends to various forms of expression, including spoken, written, symbolic and expressive conduct. 

The term “hate speech” does not have a legal definition in the United States, but it often refers to speech that insults or demeans a person or group of people on the basis of attributes such as race, religion, ethnic origin, sexual orientation, disability or gender. While the university condemns speech of this kind, there is no “hate speech” exception to the First Amendment and it is only illegal if it falls into one of the categories described below. In fact, on many occasions, the Supreme Court has explicitly held that prohibitions or punishments for hateful speech violate the First Amendment. Just because there is a First Amendment right to say something, however, doesn’t mean that it should be said. The First Amendment protects a right to say hateful things, but as a campus we strive to be a community where no one will choose to express hate. 

Protecting free speech at the University of New Hampshire is essential for several reasons: 

  1. Fostering a Vibrant Campus Community: Free speech supports a dynamic and diverse academic environment where students and faculty can engage with a wide range of ideas and perspectives, enriching the overall learning experience. 

  1. Encouraging Intellectual Growth: By allowing open debate and discussion, UNH helps students and scholars explore complex issues, challenge assumptions and develop critical thinking skills that are vital for personal and professional growth. 

  1. Supporting Academic Freedom: Ensuring that faculty and students can freely express their ideas without fear of censorship is crucial for maintaining the integrity of academic research and teaching. 

  1. Preparing Students for the Future: A commitment to free speech at UNH helps prepare students for active participation in a democratic and global society, where they must navigate diverse viewpoints and advocate for their own ideas effectively. 

  1. Upholding University Values: As a public institution, UNH is dedicated to upholding the principles of democracy, including free expression and inclusion, reflecting its commitment to creating a respectful and open academic community. 
     

At the University of New Hampshire, as at other institutions, certain types of speech are not protected by the First Amendment or may be regulated. These include: 

  1. Threats and Intimidation: Speech that constitutes a true threat or is intended to intimidate others with the reasonable possibility of violence can be restricted. This includes threats directed at individuals or groups. 

  1. Harassment: Speech that creates a hostile environment based on race, gender, sexual orientation, or other protected characteristics may be restricted if severe and/or pervasive and it interferes with the ability of others to participate in UNH’s educational program or activities. 

  1. Disruption of University Operations: Speech that disrupts the normal functioning of the university or obstructs others from carrying out their activities can be regulated. This includes speech that causes material disruption to classes or university events. 

  1. Speech that Violates Other Laws: Any speech that violates criminal or civil rights laws, such as incitement to violence or illegal activities, is not protected. 

Civil disobedience is the refusal to comply with certain laws as a form of political protest. The First Amendment does not permit individuals to break the law or violate university policies or rules without consequence.