The First Amendment

Generally, the First Amendment to the U.S. Constitution protects all speech, although the following narrowly drawn categories of speech are unprotected:

• Inciting illegal activity
• Defamation (libel and slander)
• Fighting words
• True threats
• Obscenity
• Conduct that is so severe, pervasive, and objectively offensive that it bars access to an educational opportunity or benefit

Protests and civil disobedience have played an historic role on university campuses in bringing important and beneficial changes to society and in the development of our democracy. However, civil disobedience is not protected speech under the Constitution. The Constitution does not guarantee any right to engage in civil disobedience—without incurring consequences. Civil disobedience may have a negative effect on the protected interests of others and may interfere with University business or threaten public safety or University assets, in ways that require the University to act to protect those other interests.

Hate speech includes offensive and hateful words and expressions. Hate speech is legal and protected by the First Amendment. However, the First Amendment does not protect conduct just because it is motivated by an individual’s beliefs or opinions. Thus, hate crimes may be regulated by law and are not subject to protection by the First Amendment.

What can you do to respond to hate speech?
Legal scholars have supported the idea that the best way to respond to hateful or offensive speech is not to attempt to limit it but instead to encourage more speech. For example, as Justice Louis Brandeis famously wrote, "[i]f there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence." Whitney v. California, 274 U.S. 357, 377 (1927).

Likewise, the American Civil Liberties Union believes that:  “Where racist, misogynist, homophobic, and transphobic speech is concerned, . . .  more speech - not less - is the answer most consistent with our constitutional values.”

Salisbury University offers tools and mechanisms to address words or actions that impact campus climate or violate the SU Promise and other expectations of community interaction. Students who encounter hurtful or offensive speech are  encouraged to reach out for support.

Academic Freedom includes the following specific freedoms:

• freedom of research and publication
• freedom to determine standards
• freedom of teaching
• freedom of internal criticism
• freedom of participation in public debate

Please refer to SU's Academic Freedom Resolution

Please see Salisbury University’s Policy Prohibiting non-sex based discrimination. A review of the University’s Code of Community Standards for the policy on Intimidation, bullying and/or Threatening Behavior is also recommended: Code of Community Standards.

Faculty, staff, and students are permitted to chalk on campus provided they follow the Campus Chalking policy.

If someone is conducting a protest in a public place, there are no policies that prevent people from photographing or video recording them.