Freedom of Expression
Freedom of expression is vital to protect everyone's voice on campus. It is not just about the law; it's about civic education. In order to promote inclusivity and intellectual thought, we must empower freedom of expression. However, this does not protect behavior that crosses into hate speech or bigotry of any kind.
The United States Constitution states, “Congress shall make no law…abridging freedom of speech.” This provides us the freedom of religion and the press as well. Free speech gives everyone the right to profess their beliefs either by words or actions without restriction or retaliation by the government. The Universities of Wisconsin are committed to upholding that Freedom of Expression and has confirmed that commitment in Board of Regents Policy RPD 4-21.
Demonstrations
The University as a public place is required to allow for open expression. Therefore, anyone can use the public space to hold a demonstration. The University will have demonstrations throughout the year and sometimes there will be counter demonstrations. While the demonstrations are permitted on public spaces, the demonstrations may only take place so long as they do not interfere with anyone’s ability to conduct their daily business, such as learn in class or enter/exit buildings freely. If you are planning a demonstration, we recommend consulting with the Dean of Students Office and the University Police to prevent any unnecessary conflicts and so they are able to support your right to free speech.
Offensive Speech
While difficult to hear, read or feel, speech which may be offensive towards different groups based on their race, gender, sexual orientation, religion, etc., can also be considered free speech. The Constitutional Freedom of Expression does not make general exceptions for such speech, making it allowable on campus. However, when such speech incites lawlessness, threatens bodily harm or creates an immediate breach of the peace, this speech is not protected. If you believe that you have been targeted by speech which incites specific action or breached the peace, please contact the Dean of Students to report the incident.
Express Opposition to Campus Events or Speakers
There are many ways to express your concerns or feeling regarding campus events. This can include organizing a counter demonstration adjacent of the event; attending the event with a sign (protected speech so long as you do not disrupt the event intentionally); engaging with the speaker, but only when invited to do so; sending a letter or email to the organization hosting the speaker. What you cannot do is prevent the speaker from speaking as scheduled, or you will face misconduct charges.
‘Time, Place & 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. Courts have long recognized that public educational institutions have the right to impose certain restrictions on the use of their campuses for free-speech purposes. Simply put, this means that the “when, where and how” of free-speech activity may be reasonably regulated if such regulation applies to all speech and allows for the speech to occur without unreasonable encumbrances.
How to Avoid Speech that Makes You Uncomfortable
While the University is a public place which allows for freedom of expression, you do not have to engage with any speech which you believe is offensive or makes you uncomfortable. If the speech is occurring in a public place, you have the right to leave or not engage in the speech. If you are required to be present during an event, demonstration or presentation, because of an academic or work obligation, you should communicate with your instructor or supervisor as early as possible to discuss your reasons for not wanting to be present and determine if options exist.
How to Report Violations of Freedom of Expression
If at any time you feel your freedom of expression is being limited as allowed by the first amendment or Board of Regents policy, contact the Dean of Students Office to discuss what is happening and your options.
Civility & Inclusivity
As campus members, we are responsible for our behaviors and are fully accountable for our actions. We must each take responsibility for our awareness of discrimination and its many forms (i.e. racism, sexism, ageism, xenophobia, transphobia, homophobia, etc.). Bigotry will be subject to the University’s disciplinary processes. In this context, alcohol or substance abuse will not be accepted as a defense for such abuse, harassment, intimidation, or violence. Absence of malice, intent or “it is just a joke” is also not a defense for such behaviors.
If you have experienced or witnessed an event or behavior that violates this statement, you can report in a number of ways:
- Complete a Bias Incident Report
- Read our Civility & Inclusion Statement.
- File a complaint or grievance by contacting the Dean of Students Office.
- Report in person to one of the following: Vice Chancellor for Student Affairs and Campus Climate, Director of Inclusive Excellence and Pride Center, Title IX Coordinator, Director of Human Resources, Affirmative Action Officer or University Police.
UW Freedom of Expression Video
Check out this video on Freedom of Expression from the UW’s Wisconsin Institute for Citizenship and Civic Dialogue.
In this 4-minute video, UW System President Jay Rothman and students share the importance of free speech and civil discourse on campus. Learn how the Universities of Wisconsin foster an environment where diverse viewpoints are respected, ideas are freely exchanged, and students are encouraged to engage in thoughtful, respectful debate. The video explores the essentials of the First Amendment, the university's commitment to freedom of expression, and the value of civil dialogue in shaping your academic journey. Watch to understand your rights and responsibilities as part of the UW community.
We're Here to help
Meet Kristi Pearson, Assistant Dean of Students. Throughout her career, she's advocated for and supported college students. Contact her or any of the rest of our team to learn more about resources as a student-parent.