Why does the University host controversial speakers, protests and/or people I don’t agree with?
UNC-Chapel Hill is a public university, and because of this, it is required to uphold the First Amendment of the Constitution as well as the North Carolina Restore and Preserve Free Speech Act and the UNC System Board of Governors’ policy on free speech and free expression.
This means speakers can be invited to the campus for events by a school, department or student organization, and groups – both affiliated and not affiliated with the University – can demonstrate on our campus. All speakers and groups must follow the Facilities Use Policy and other time, place and manner restrictions, but the University cannot cancel or deny a request or event based on point of view, even if it does not endorse or agree with it.
What are “time, place and manner” restrictions?
The right to speak on campus is not a right to speak at any time, at any place and in any manner that a person wishes. The University can regulate where, when and how speech occurs to maintain optimal campus operations and to protect public safety, as long as such rules are content or viewpoint-neutral.
Due to these types of restrictions, we ask that anyone planning a free speech event on campus familiarize themselves with our Facilities Use Policy and work through Reserve Carolina (or the appropriate facilities administrator for their unit) to reserve space.
What does it mean to be content neutral?
Under the First Amendment, the University cannot prohibit a person from speaking on campus because some in our community may not agree with what that person has to say or even because the speech is considered offensive to most people. However, just because we uphold the law does not mean the University endorses or approves such speech in any way.
Which types of speech are not protected by the First Amendment?
Some categories of speech are not protected by the First Amendment. Some examples of speech not protected by the First Amendment include threats, fighting words, child pornography, obscenity and defamation. Source: Constitutional Law Reporter.
What is “hate speech”? Is it protected under the First Amendment?
Although there is no single agreed-upon definition of “hate speech,” language most commonly defined to be “hate speech” is protected under the First Amendment and can’t be censored by public colleges and universities. Source: The Foundation for Individual Rights in Education.
How does Carolina support the safety of the campus community during free speech events on campus?
There’s nothing more important to our University than the safety and well-being of every member of our campus community. The University plans for increased monitoring and security when it is aware of events on campus that may cause safety issues. UNC Police may at times need to maintain a heightened presence near free speech events on campus to promote the safety of our campus community and to facilitate peaceful protests.
How does free expression relate to harassment or threats of violence?
The University’s commitment to protecting free speech does not extend to conduct that goes beyond the expression of offensive or hateful speech and becomes protected-status harassment or threats of violence, which are prohibited according to our Policy on Prohibited Discrimination, Harassment and Related Misconduct or Workplace Violence Policy.
Can people who oppose a speaker’s message use their own freedom of speech to shout down that speaker’s message?
Freedom of speech does not allow a person to silence the speech of others by disrupting a speech to the point that the speaker cannot continue or that the audience can no longer listen. The University requires all who engage in protest activity to do so peacefully and safely and to not block or prevent others from participating in events on campus.
The North Carolina Restore and Preserve Free Speech Act passed by the North Carolina General Assembly in July 2017 requires the University to protect the rights of the audience to see and hear the event and to protect the right of the speakers to be heard and seen, regardless of their viewpoints. Any person who disrupts the event or interferes with the rights of those in attendance to hear or see the speakers will be asked to leave. Anyone who does not leave when asked or does not put down signs which obstruct the audience’s view, will be removed and may be subject to arrest.
How does institutional neutrality impact free speech?
Based on North Carolina State law (Senate Bill 195) and the adoption by the University of the Kalven Report, Carolina follows a policy of institutional neutrality. Institutional neutrality means that UNC-Chapel Hill “shall remain neutral, as an institution, on the political controversies of the day.”
In practice, this means that University leaders (i.e., any person in an administrative position leading a department, school, program, or the University, regardless of whether or not they are faculty) are not to speak out or take a position on the political issues of the day in their official capacity. University leaders can speak on academic matters, internal policies and university governance, financial and administrative matters, campus welfare and safety, and legal obligations and compliance. They should avoid speaking on partisan politics, social and cultural debates, non-academic external conflicts, and personal beliefs on behalf of the whole community.
Resources
Find more information and policies on the free speech resources page.