Atmosphere of Expression

Some speech is not protected by the first amendment or other legal statutes. This includes: incitement, true threats, obscenity, defamation, fraud/perjury, and discrimination/harassment.

The specific legal definitions matter, so we strongly suggest doing your own research and checking with the appropriate University contact person (listed in the section for student expressive activities, or non-student expressive activities), if you think some of your expression could be viewed as belonging to one of those categories.  Here are some helpful links to get you started in finding more detailed information:

• ACLU Speech on Campus
• FIRE Unprotected Speech Synopsis
• FIRE Limits to Free Speech

• The following come from the University’s Time, Place, and Manner for Expressive Activities Policy.
• Expressive activity is only permitted in certain locations.
• Because the University’s primary purpose is teaching and learning, expressive activities also cannot disrupt classes, educational activities, or other programs/business of the University.   
  • This includes no amplified sound sufficient to interfere with classes or other operations, and activities cannot violate local noise ordinances.
• Students cannot shout down an invited speaker or other party legitimately exercising their right of free expression, even if they feel the message is offensive or hateful. Students may protest an invited speaker (within the limits set forth in the Time, Place, and Manner for Expressive Activities Policy), but may not prevent the speaker from speaking (via excessive or unceasing disruption).  As described by the AAUP, “the freedom to hear is an essential condition of a university community and an inseparable part of academic freedom.” 
• Expressive activities also cannot obstruct entrances or interfere with flow of vehicles/pedestrians.
• Expressive activities may be moved from space that has been reserved for a specific purpose. 
• Signs should not be made of rigid materials that could be potentially used as weapons.
• Signs cannot be staked into the ground of the academic quad.
• Expressive activities cannot take or damage university property. This includes staking signs into the ground or affixing things to existing structures, both of which are prohibited.
• The following are also prohibited: camping, constructing structures, and operating drones.
• Selling, soliciting, or other commercial activity is not free expression, and is regulated by the University’s Vendors & Solicitation Policy. 
• If you are planning expressive activity that might include some of the elements listed here, see the section below on Events and other forms of expression or reach out to one of the contacts listed below.

• Applicable policy: Time, Place, and Manner for Expressive Activities Policy.
• It is not required, but we encourage all parties wishing to undertake any kind of expressive activity to reach out in advance to reserve the desired space.  This will ensure that there are not prior-scheduled events in the same space, allow the university to make arrangements for the safety of all participants, and will provide the activity organizers with a point of contact to answer any questions. 
• Expressive activity by individuals or groups of less than 10 may take place without any notice or permission in designated public or university forums.  
• To reserve one of the designated public or university forums (encouraged, especially for groups larger than 10) for your expressive activity, contact the Vice President for University Affairs five days prior to your expressive activity.  Requests may be denied if the requested space has already been reserved, for prior scheduled maintenance or repair of the location, or as a result of violations of the Time, Place, and Manner for Expressive Activities Policy.
• Ensure your event does not include any of the elements described in the “What are the limits or free expression (in other words, what is not permitted)?”
• Activities are not expressly permitted in the Time, Place, and Manner for Expressive Activities Policy:
  • This includes using locations that are not designated public or university forums, constructing a display, staking signs into the ground, or any activity that requires set up or support from facilities, media services, or other departments. 
• For these or any other activities not expressly permitted under the  Time, Place, and Manner for Expressive Activities Policy, student organizations  may be able to plan an event that includes these elements.  See the University Event Planning Guide or contact involvement@wcupa.edu.  
• For all other questions regarding student expressive activity, contact the Associate Director of Student Conduct.

• Applicable policy: Time, Place, and Manner for Expressive Activities Policy.
• Expressive activity must comply with all aspects of the Time, Place, and Manner for Expressive Activities Policy.
• We encourage any individual or organization planning expressive activity on the West Chester University campus to contact the Vice President for University Affairs five days prior to your expressive activity.  Requests may be denied if the requested space has already been reserved, for prior scheduled maintenance or repair of the location, or as a result of violations of the Time, Place, and Manner for Expressive Activities Policy.
• Contact: Vice President for University Affairs