Free Speech, Expression and Assembly

IT’S IMPORTANT TO UNDERSTAND THAT THE RIGHT TO FREE SPEECH AND ASSEMBLY DOES NOT ALLOW YOU TO: 

• Interfere or disrupt class instruction, university operations or other scheduled events
• Disrupt university staff or officials while they are fulfilling their university responsibilities 
• Block attendees from entering or exiting the event
• Obstruct pedestrian or vehicular traffic, or otherwise endanger persons or property
• Permit you to touch or spit on a speaker
• Employ sound amplification or create noise that disrupts University activities or interferes with the exercise of free speech by others (Policy on Amplified Sound) 
• Harass, intimidate, or impede the movement of persons
• Allow you to occupy an office or other non-public space
• Create or cause unsafe congestion around stairs and entrances/exits to buildings

Dissent becomes unprotected civil disobedience when taking over a campus building, materially disrupting classes or events, trespassing, vandalizing, disturbing the peace, or other types of conduct subject to time, place, manner restrictions. Civil disobedience could potentially result in criminal or conduct charges.

Harassment - Threats, insults, ridicule and personal attacks directed at a person’s sex, race, color, national origin, religion or other personal characteristics; or unwelcome speech of a sexual nature. This must be serious (i.e., persistent, pervasive and severe) to the point of limiting or prohibiting a student’s ability to participate in or benefit from the educational program. The institution cannot censor or punish speech merely because a person or group considers it offensive, obnoxious, or hateful.

True Threats and Fighting Words – Words of intimidation, epithets, ridicule or personal attacks with the intent to produce fear of bodily harm or death in the victim. Fighting words are insults which, “by their very utterance, inflict injury or tend to incite an immediate breach of the peace.” The institution must intervene to protect from fear of physical harm, but not emotional injury.

Defamation (Libel/Slander) – Causing harm or damage the reputation of another person by false statements that hold the victim up to hatred, ridicule or contempt. If the alleged victim is a public figure there are additional levels of malicious intent that must be proved in a case of defamation.

Obscenity – Expression that depicts or describes sexual conduct, as outlined in state law, in a patently offensive way. Rather than offended any individual, it must violate community standards, appeal to prurient interests, and lack literary, artistic, political or scientific value.

Incitement of Imminent Lawless Action – When the speaker intends to provoke illegal action, openly urges or encourages it, and his or her words are likely to result in subsequent commission of a crime. For example, incitement and aiding in the destruction of property (even for the purpose of making a point) or disruption of classes or campus activities is prohibited and may be punished.

Commercial speech or solicitation – Advertising or promoting any product or service for sale (including the use of for-profit logos and trademarks.

The First Amendment protects the right to dissent, but not to disobey the law. Civil disobedience refers to the refusal to obey laws by violating them. A founding premise for society based on the rule of law and order is to adhere to the laws that are voted into existence. In the United States, we have guaranteed the right to dissent, to protest, to assemble peaceably, to petition against a law, and to pose legal challenges to laws we believe violate constitutional rights. When dissent crosses over into the area called "time, place, manner" restrictions, dissent moves to civil disobedience. Students may dissent against a range of policies and against political ideas in a number of ways. Such dissent becomes unprotected civil disobedience when taking over a campus building, materially disrupting classes or events, trespassing, vandalizing, disturbing the peace, or other types of conduct subject to time, place, manner restrictions. Participation in civil disobedience could potentially result in serious criminal and/or conduct charges.

Possible violations that may be cited for students engaging in civil disobedience depending on the circumstances could be:

• The violation of any rule or regulation of the University of Texas at Arlington or The University of Texas System
• Failure to comply with any order or instruction of an official of the university acting in the course of his/her duties
• Any student who damages, defaces, mutilates, destroys, or takes possession of any property, equipment, supplies, buildings, or facilities owned or controlled by the University, the UT System, or any other third party without authorization
• Any student who engages in the unauthorized use (including unauthorized entry) of property, equipment, supplies, buildings, or facilities owned or controlled by the UT System or institution
• Any conduct that constitutes a violation of a federal, state, or local law or regulation regardless of whether the conduct results in the imposition of the penalty prescribed by the federal, state, or local law
• Possession or use of any type of explosive, firearm, imitation firearm, ammunition, hazardous chemical, or weapon as defined by state or federal law, in or on a University building or facility owned or controlled by the UT System or the University of Texas at Arlington except as may be authorized by federal, state, or local law
• Advocacy, either oral or written, that is directed to inciting or producing imminent lawless action and is likely to incite or produce such action
• Physical abuse or threat of physical abuse of any person whether on or off campus
• Any student who engages in conduct that endangers the health or safety or welfare of any person