Freedom of Speech (Expressive Activities) Policy and Procedure

POLICY

GENERAL EXPRESSIVE ACTIVITY INFORMATION¹

Northeastern State University (NSU) is committed to providing an educational and work environment that is conducive to the personal and professional development of each individual. NSU values civil discourse; the freedoms of expression, petition, and peaceful assembly; and the free exchange of ideas as set forth in the first amendment of the U.S. Constitution. At times individuals may deeply disagree or even find certain ideas offensive, but all members of the NSU community are expected to maintain a climate of mutual respect and civility. Those who choose to observe, listen, or otherwise participate in expressive activities, bear the responsibility of recognizing and honoring the rights of others.

Ideas or expressions put forth in expressive activities on campus may not necessarily reflect the views of Northeastern State University, its officers, administrators, or leaders, and NSU maintains its right to regulate reasonable time, place, and manner restrictions in regards to campus expressive activities.

NSU supports the freedom to debate and discuss competing ideas, however conduct that is illegal, disruptive to the normal operations of the university, or that deprive, or attempt to deprive, another of their rights is not permitted. Individuals engaging in disruptive or illegal activity may be subject to disciplinary or legal action.

As a public institution of higher learning, Northeastern State University provides the following forums for the expression of ideas and opinions:

1. Traditional public forums include the University’s public streets, sidewalks, parks, and similar common areas. These areas are generally available for expressive activity, planned or spontaneous, for the individual or small groups (generally where a crowd of 25 or less will be present, and/or where an event is not promoted in advance, and/or when an event is not sponsored by a student organization) at any time without the need for reservation, or prior approval.
2. Designated public forums include other parts of campus that may become temporarily available for expressive activity as designated by the university. These temporary locations, while in existence, will be treated similar to public streets, sidewalks, and parks in terms of access and availability for expressive activity.
3. Limited public forums may also be made available, and NSU may adopt reasonable limitations regarding their use. NSU will not permit individuals to engage in conduct that intentionally, materially, and substantially, disrupts another person’s expressive activity, if that activity is occurring in a limited public forum reserved for that activity.
4. Non public forums are areas that are not traditional public forums, limited public forums, or
   designated public forums. These include areas that are not by tradition or designation forums for public communication. These forums will be restricted to use for their intended purpose and are not available for public expressive activity. Examples include, but are not limited to, classrooms, residence hall rooms, faculty and staff offices, academic buildings, administration buildings, medical treatment facilities, libraries, and research and computer laboratories.

Additionally, there are areas such as residences, utility buildings, research labs, etc. that have distance requirements, crowd placement restrictions, and security concerns that may vary depending on security needs, terror alerts, and other factors. These security needs, terror alerts, local and national events may affect the availability of spaces.

Overnight camping and/or sleeping in public spaces is generally prohibited by city ordinances and university policy.

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1 NSU Policies on Expressive Activities does not supersede or replace Faculty Handbook policies on Academic Freedom and freedom of expression in classrooms and other teaching venues.

Reservable Areas

Reservable areas include, but are not limited to, the Gazebo, Second Century Square, Centennial Plaza, Beta Field, Broken Arrow Courtyard, Broken Arrow Entryway Fountain, Broken Arrow Gazebo, and the Muskogee Administration Building Front Lawn are reservable at the request of students and non-students for expressive activity. The act of confirming a reservation will ensure the availability of
space, however, a reservation is not required. Each area available for reservation is described below.

Gazebo – space between Seminary Hall and the Library. No sound equipment is permitted in this area.

Second Century Square – space between the University Center and Business & Technology Building. Sound equipment is allowed and is available for use in this area. The volume of any sound equipment must be kept at a level that would not interfere with any academic or other program taking place in nearby buildings.

Centennial Plaza – space south of Seminary Hall around Sequoyah statue. No sound equipment is permitted in this area.

Beta Field – space south west of Seminary Hall. Sound equipment is allowed and is available for use in this area. The volume of any sound equipment must be kept at a level that would not interfere with any academic or other program taking place in nearby buildings.

Broken Arrow Courtyard – space in the center of academic buildings, Library, and Administration building. No sound equipment is permitted in this area.

Broken Arrow Entryway Fountain – space between the entry circle drive and Administration building. Sound equipment is allowed and is available for use in this area. The volume of any sound equipment must be kept at a level that would not interfere with any academic or other program taking place in nearby buildings.

Broken Arrow Gazebo – space and structure northwest of the academic buildings. The volume of any sound equipment must be kept at a level that would not interfere with any academic or other program taking place in nearby buildings.

Muskogee Administration Building Front Lawn – open lawn space in front of the Muskogee Administration building. The volume of any sound equipment must be kept at a level that would not interfere with any academic or other program taking place in nearby buildings.

Advance Reservations

Advance reservations are recommended for events or activities that are promoted in advance and/or expected to draw a crowd of more than 25 people. Student organizations should follow the event guidelines published in the student organization handbook.

Reservation Procedures

To reserve space, please visit the NSU Homepage and click “Book event” (located on the footer at the bottom of the page).

Usually, use of the space will be assigned to the person or organization that requests the area first. The person or organization requesting space must be legally able to execute an agreement. University sponsored events have first priority on the use of campus facilities. University Police may determine level of security needed to ensure the safety and well-being of participants. Costs associated with required security may be at the expense of the event coordinator/requestor. The university reserves the right to relocate any assembly so as to ensure that the activity does not interfere with the normal operation of the university or interfere with the rights of others. NSU may maintain and enforce reasonable time, place, and manner restrictions narrowly tailored in service of a significant institutional interest.

Guidelines for Expression

1. Scope of Authority – This policy applies to both physical and virtual spaces owned, controlled, or operated by Northeastern State University.
2. Unprotected Speech – Speech that is not protected by the First Amendment includes: Fighting words, threats, incitement to lawless action/calls to violence.
3. Disruptive Activity – Obstruction, disruption or interference with classes, research, administrative functions or other university activities is not permitted. Likewise, infringement on the rights of others is prohibited. (RUSO Policy Manual 4.4. 3.f) Obstructing or impeding normal business and/or the flow of vehicular or pedestrian traffic is prohibited.
4. Reasonable Access – It is important to provide reasonable access to, and exit from, any office, classroom, laboratory or building. Likewise, vehicular and pedestrian traffic should not be obstructed.
5. Picketing – Picketing in an orderly manner outside of university buildings may be permitted. Such activities should not become disruptive nor should they impede access. Picketing is not permitted inside campus buildings.
6. Literature – Flyers, brochures, and other printed literature may be distributed in traditional and designated public forums. (Distribution of commercial literature requires separate approval through Student Affairs.) Such activities should not become disruptive nor should these items impede access or normal business operations.
7. Symbolic Protest – Displaying a sign, gesturing, wearing symbolic clothing or otherwise protesting silently is permissible unless it is a disruptive activity, prohibited by law, or impedes access/normal university business. In addition, such acts should not block the audience’s view or prevent the audience from being able to participate.
8. Noise – Making sustained or repeated noise in a manner that substantially interferes with a speaker’s ability to communicate his/her message is not permitted. Noise levels should not interfere with classes, meetings or activities in progress or the privacy of residence hall students.
9. Force or Violence – Any attempt to prevent a university activity or other lawful assembly by the threat or use of force or violence is not permissible.
10. Identification – Students must present their student ID or valid government issued ID if requested by a university official or law enforcement officer.
11. Damage to Property – Any damage to university or personal property in the course of, or as a result of, an expressive activity is prohibited. Care should be taken to ensure that university and personal property is not damaged or destroyed. This includes the campus lawns, shrubs and trees. (RUSO Policy Manual 4.3.3 f). Any damages found will be reported immediately to University Risk Management office or University Police Department. Costs arising from the repair of damages will be reported to the user and/or their insurance carrier for collection purposes.
12. Other University Rules – All applicable University policies should be followed whenever engaging in activities on campus. Consult the University Student Conduct Code for further information.

All individuals participating in expressive activity are expected to comply with state and federal law, municipal ordinances, Northeastern State University student rules and the above guidelines. Failure to do so may result in immediate removal from the campus and any other appropriate action by university officials and/or University Police.

Student Newspaper Policy

1. The Northeastern is the university-sponsored student newspaper designated as a forum for student expression and should publish news of interest and importance to the Northeastern State University campus and community. (RUSO Policy Manual 4.2 a)
2. Student writers should determine the content of The Northeastern. Therefore, editorial authority for the student newspapers and a process of review of challenges to editorial decisions shall be defined by the Manual of Policies and Procedures of The Northeastern. The Manual of Policies and Procedures of The Northeastern shall define the eligibility, methods of selection as well as
   dismissal, duties, responsibilities and authority of all persons who exercise editorial authority. The standards for advertising shall also be defined and in alignment with University Advertising Policy. (RUSO Policy Manual 4.2 b)
3. The Northeastern newspaper shall not include any material that is legally libelous, obscene or that will cause a material and substantial disruption of university activities. (RUSO Policy Manual 4.2 c)
4. The Northeastern newspaper shall display in a prominent position on its editorial page a disclaimer statement that the opinions and comments therein do not necessarily reflect the policies, views or beliefs of Northeastern State University, its officers, administrators, leaders, the Regional University System of Oklahoma, unless otherwise noted. (RUSO Policy Manual 4.2 d)
5. The Northeastern newspaper is not an official medium or expression of the State of Oklahoma, RUSO Board or Northeastern State University. (RUSO Policy Manual 4.2 d)
6. This policy does not apply to official RUSO Board or university publications or other mediums of expression. (RUSO Policy Manual 4.2 e)

Political Campaigning

Political campaigning for local, state, and federal government should follow all previous sections of the NSU Expressive Activities policy.

Display of political campaign signs and posters on campus will be limited to the University Center (Tahlequah), Administration Buildings (Broken Arrow and Muskogee), and residence halls.

1. Display of political campaign signs must follow University Posting Policy procedures overseen by Student Affairs.
2. Display of student body election campaign signs and posters on campus are defined by Northeastern Student Government Association Election Guidelines and University Posting Policy.

An employee of Northeastern State University who participates in political activities must do so in a manner that adheres to NSU, RUSO, and OSRHE policies.

1. does not imply, directly or indirectly, that this Board or any of its universities endorse such activities;
2. in no way interferes with the rights and privileges of other employees of this Board or university;
3. in no way interferes with the rights and privileges of students attending the university;
4. in no way interrupts the normal routine operation of the university;
5. in no way interferes with the assigned duties of the employee.
6. does not utilize university equipment, supplies, paid staff time, or their university resources to influence elections. (See Ethics Rule 257:10-1-3)