Freedom of Expression and Guidelines on Peaceful Dissent

I. Policy Statement

As a public institution and a statewide community of scholars and learners, the University of New Hampshire strongly values free speech both in the statement of an idea and in the response to that idea and is committed to fostering vigorous debate based on facts and evidence. Generating and exploring innovative ideas and realities requires us to permit multiple perspectives and dynamic discourse. Therefore, protecting and promoting free expression is not only a fundamental constitutional right but also the very bedrock of learning and developing students to become global citizens.

Student activism dating back to the sit-ins that formed the basis of Dixon v. Alabama in February 1960 and the seminal decision on due process on public college campuses issued more than a year later by the Fifth Circuit Court of Appeals, are the same concepts, safeguards and requirements articulated in the Declaration of Student Rights and Responsibilities of this document and the framework which informs how our university-wide conduct system operates today.

Different ideas in the university community will often and quite naturally conflict. All community members have an opportunity to model productive disagreement and mutual respect. However, it is not the proper role or position of the University to shield an individual’s ideas and opinions they, or others, find unwelcome, disagreeable, or even deeply abhorrent, nor shall the University sanitize those differing perspectives to protect the intended audience. These freedoms include the right to speak and write as a member of the university community or as a private citizen without institutional discipline or restraint, on scholarly matters, or on matters of public concern.

II. Guiding Principles

“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” — First Amendment to the U.S. Constitution

While the First Amendment protects the right to express one’s views, it does not provide license to say and do anything one chooses, nor does it imply immunity from prosecution for illegal acts of wrongdoing. Voluntary compliance with laws or university regulations is the primary objective, and with the understanding that responsible dissent carries with it a sensitivity for the civil rights of others.

The First Amendment permits the University to place reasonable time, place, and manner restrictions on that expression within the bounds of the law. The University will not condone behavior that violates the freedom of speech, choice, assembly, or movement of other individuals or organizations.

The University has a duty and will take whatever steps it deems necessary to protect its property, the right of any individual or organization to demonstrate and publicly proclaim any view, however unpopular; and protect the freedom of speech, assembly, and movement of any individual or group that is the object of the demonstration. When possible, the University will provide individuals with a reasonable opportunity to correct or modify behavior as an attempt to resolve matters at the lowest level and without the use of more formalized measures. Accordingly, the University is prepared to respond to violation of laws or university regulations and may employ a range of measures up to and including arrest.

III. Scope and Applicability

This policy applies to currently enrolled students and student organizations who have obtained university-wide recognition at the University of New Hampshire.

Non-affiliated third parties, including, visitors, off-campus organizations, vendors or guests invited by a bona fide student or recognized student organization to participate in expressive activities on any UNH campus are obligated to the terms of this policy and will be held to the appropriate action under state and federal law for their failure to comply. Students and student organizations who invite non-affiliated participants to one of our campuses may be held accountable when participants behaviors and actions are incompatible with this policy.

Nothing within this policy shall be interpreted as preventing the University of New Hampshire from restricting expressive activities that the First Amendment of the U.S. Constitution does not protect or expression that falsely defames a specific individual, that unjustifiably invades substantial privacy or confidentiality interests, or that is otherwise directly incompatible with the normal functioning of the University. Further, nothing in this policy shall be interpreted as restricting or impairing the University’s obligations under federal law including, but not limited to Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, Title IV of the Higher Education Act of 1965, Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, as addressed through its university policies, non-discrimination policies established by the Civil Rights and Equity Office, and the Student Code of Conduct.

Any student with questions about the provisions and prohibitions outlined in this policy, may direct some or all inquiries to the Dean of Students Office or the Office of Community Standards. Students with questions about permitted activities may direct their inquiries to the UNH Police Department.

IV. Definitions

Academic Freedom – The general recognition that the University must be free to research, teach, and debate ideas without censorship or outside interference.

A-Frame Exhibit – A movable and self-supported signboard designed to stand on the ground in a temporary outdoor exhibit space. A-frame exhibits may not exceed five feet in height or width.

Amplification – Sound with volume that is increased by any electric, electronic, mechanical, or motor-powered means. Shouting, group chanting, and acoustic musical instruments are not amplified sound and are not subject to the special rules on amplified sound but are subject to general rules on disruption.

Commercial Speech – Primarily advertising or speech with the purpose of initiating or engaging in a business transaction of some kind. Commercial speech has a unique status in constitutional law. While not entirely unprotected, commercial speech enjoys less protection than other forms of speech.

Content Neutral – Regulations applied to expression or speech without regard to the subject matter, substance or message of the expression.

Dissent – Disagreement, a difference of opinion, or thinking differently from others.

Distribution – Individuals handing materials to other individuals who may accept them or refrain from receiving them.

Expressive Activities – Non-curriculum related, verbal or non-verbal behavior or activity that communicates a message, belief, thought or feeling, or otherwise communicates meaning. The term ‘free expression’ is generally used to convey that not all expressions of ideas or opinions are communicated through speech. Expressive Activities may take the form of a protest, parade, procession, vigil, hosting of a guest speaker, events, marches, display or distribution of published materials, non-commercial transactions and solicitation, handbills and circulars, amplified sound, digital display, and commercial filming and photography, and pure or symbolic speech (e.g., wearing armbands, silent protests, flag waving, etc.).

Forum – A term referred to as location. A forum in First Amendment law refers to the place in which a speaker engages in expressive activities (or speaks). The First Amendment protections regarding the right to speak and lawfully assemble will vary based on the speakers’ chosen forum.

Designated Public Forum – An area that has not been traditionally open to the public but has been specifically identified as such by the University, subject to reasonable time, place and manner restrictions that are content-neutral, and narrowly tailored to serve the University’s interest. For example, the Murkland Courtyard and certain green spaces such as the Thompson Hall Lawn and Great Lawn have been designated as public forums.

Limited Public Forum – An area where the University has imposed regulations on speech that are viewpoint-neutral and reasonable in light of the forum's purpose. For example, auditoriums, meeting rooms and athletic facilities are generally restricted to students, excluding the general public.

Non-Public Forum – An area that by tradition or design is not open to the general public or for expressive activities, receives very little protection and therefore subject to reasonable time, place, and manner regulations.

Traditional Public Forum – An area that is historically associated with, or has been dedicated to speech, public debate, and assembly, such as streets, parks, and sidewalks, including those that adjoin public roadways.

General Exhibit – An object or collection of related objects, designed to stand on the ground or on a raised surface, that is not a table, and that is designed for temporary display not permanently attached to the ground.

Heckler’s Veto – Circumstances when opponents to a message substantially block the delivery of that message by direct action or shouting down a speaker through protest. Heckler’s Veto may also occur when a representative of the public entity accepts limits or restrictions on speech that overrides another speaker, or when the public entity restricts or cancels a speech based on anticipated or actual reactions of the opponents of the speech.

Public Assembly – Any gatherings of persons, including discussions, rallies, and demonstrations.

Solicitation – The sale, lease, rental or offer for sale, lease, rental of any property, product, merchandise, publication, or service, whether for immediate or future delivery; an oral statement or the distribution or display of printed material, merchandise, or products that is designed to encourage the purchase, use, or rental of any property, product, merchandise, publication, or service; or the receipt of or request for any gift or contribution.

Structure – Any object (other than objects such as handbills, signs, notices and posters, arm bands or personal attire) used in the process of expressing views or opinions including, but not limited to, lawn signs, tables (and other structures used to display materials), booths, buildings, billboards, banners, and similar displays.

Third-Party – An entity promoted and executed by an unaffiliated external individual, organization or association that requests use of university facilities or other amenities for its program.

Viewpoint Neutral – Regulations applied to expression or speech not based on its specific motivating ideology or the speaker’s opinion or perspective.

V. General Provisions

A permit is required to hold a public event or assembly, except as allowed under the Expressive Activities Forum and Permit Requirements section.

The University reserves the right to require the invited individual or group to provide a certificate of insurance evidencing comprehensive liability coverage for bodily injury and property damage of one million dollars prior to the use of any University space. The sponsoring student or student organization shall be responsible for the conduct of the invited person or organization.

Any student or organization sponsoring an exhibit, as defined in this policy, assumes full responsibility for the exhibit, including all injuries or hazards that may arise from the exhibit. The University shall not be liable for any damage that may occur to the exhibit, and any person or organization sponsoring the exhibit shall indemnify the University for any claims arising from the exhibit's presence on campus.

VI. Reasonable Time, Place and Manner

It is the purpose of these guidelines to support the primary educational purpose of the University and place priority on preserving its limited space and resources to further the institution’s mission and related curricular and co-curricular activities.

Free expression does not guarantee unfettered access to property owned or controlled by UNH simply because it is a public entity. The safety and well-being of members of the campus community collectively and individually must be protected at all times.

The University maintains the right to define the time, place and manner in which expressive activities occur on campus and is interpreted and applied so as to respect all federal and state constitutional and statutory rights.

All expressive activities must follow these guidelines, which serve as a mechanism to ensure a successful and safe event: 

GUIDELINES AS TO TIME

Generally, daily from 8:00 a.m. to 6:00 p.m. unless noted otherwise. Expressive activities must be conducted in a manner that does not substantially disturb or interfere with academic programs, classroom instruction or normal business operations of the University.

Overnight events, camping in vehicles, tents, or other structures as well as sleeping in public space of any kind on-campus is prohibited. In order to maintain an events calendar that allows for maximum participation by the many groups and units within the University, specific one-time events will be limited to one day or one evening.

GUIDELINES AS TO PLACE

For the purposes of this policy, common outdoor space that is open to the general public (e.g., streets, sidewalks, parks) is also referred to as traditional public forum. So long as student marchers, protesters, picketers, and students distributing leaflets stay on sidewalks in a non-disruptive fashion and obey traffic and pedestrian signals, their activity is constitutionally protected even without a permit.

At each university campus, the limited public forum areas are all facilities, with the exception of the interior or immediate vicinity of university facilities used to support university research, academic instruction, or support services.

Non-public forums or areas on campus solely for university business or an event, an educational or research function on either a permanent or temporary basis, including classroom and laboratory buildings, libraries, dining areas, university housing facilities, administrative or student offices and buildings designated for authorized access only are prohibited from expressive activities.

Members of the general public and campus community are free to enter university facilities (other than restricted areas) during regular business hours as necessary to transact business, seek information about the University or deliver petitions or correspondence.

University facilities are typically referred to as limited public forums. Members of the general public and campus community are free to enter university facilities (other than restricted areas) during regular business hours as necessary to transact business, seek information about the University or deliver petitions or correspondence. The University may restrict activities or individuals whose message is disruptive or inconsistent with the nature of the office; therefore, indoor demonstrations such as sit-ins continue to be governed by the law of trespass and the Code of Conduct.

In recognition of the healing environment essential to its clinical purposes, dedicated staff actively caring for individuals in vulnerable positions and persons seeking access for urgent, potentially life-threatening conditions, the University asks organizers to help protect our centers by refraining from expressive activities inside and around Psychological and Counseling Services and Health & Wellness.

On the Durham campus, the Memorial Union Building, the Field House, the Whittemore Center, and Wildcat Stadium are subject to other rules and are not public areas for the purposes of this policy.

GUIDELINES AS TO MANNER

• Demonstrations should take place within “sight and sound” of its intended audience.
• Public assemblies and events shall not be permitted if they constitute a clear and present danger to the safety or welfare of persons or property.
• Persons may not block or otherwise interfere with the free movement of persons on any part of the university campus, including the free entry to or exit from university facilities.
• Persons shall not obstruct, disrupt, interrupt, or attempt to force the cancellation of any university-sponsored event or activity or by any users authorized to use university facilities.
• Persons shall not engage in harassing, physically abusive, threatening, or intimidating conduct toward any person. This includes but is not limited to messaging on signs or any forms of stakes.
• Persons shall comply with the directions of a university official acting in the performance of their duties.
• Persons on university premises may be required to provide identification and evidence of qualification to a university official upon request. Evidence of qualification means evidence that the person is a bona fide, student or employee at the institution.
• No persons shall wear masks, facial coverings, or disguises that conceals the identity of the wearer that is calculated to obstruct the enforcement of these rules or the law, or to intimidate, hinder or interrupt a UNH employee or law enforcement officer in the lawful performance of their duty.
• The possession, use, or display of firearms, facsimile firearms, ammunition, explosives, or other items that could be used as weapons and shields are strictly prohibited.
• Laser pointers, body-armor, helmets, sporting protective gear, that alone or in combination could be reasonably construed as worn for participation in potentially violent activities is strictly prohibited.

VII. Civil Disobedience

Legal protest and dissent are different from civil disobedience. Civil disobedience is public, non-violent, and conscientious violation of law undertaken for the purpose of bringing about a change in law, government policies, or society. In the history of the United States, civil disobedience has helped bring about many highly important, desirable changes in law and society. Although deliberate acts that violate the laws, rules, and policies applicable to free expression may constitute civil disobedience, those who commit such civil disobedience should be willing to and must expect to suffer the disciplinary and remedial consequences of their actions as provided by law, rule, or policy.

VIII. Alternative Forms of Expressive Activities

UNH supports the rights of its members to participate in acts of peaceful dissent or not. Although demonstrations serve as a well-known technique to express opinions or concerns, we encourage community members to consider alternative approaches that may prove to be just as effective:

• Write letters to the speaker, sponsoring student organization or department, public representatives, or UNH administrators.
• Write, meet, or speak with representatives of the student governing bodies.
• Author an op-ed and submit it to The New Hampshire student newspaper to consider for publication.
• Display posters or other passive programming as permitted by a building’s posting policy or at your off-campus residence.
• Offer support to friends, classmates, and others who might feel hurt, marginalized, or affected by a speaker’s position, proposition or topic of discussion.
• Use platforms like Zoom, Microsoft Teams, or social media applications to host campaigns, involve supporters, or host educational meetings.
• Use an online petition platform such as change.org
• Donate or fundraise for a specific organization or cause. Fundraising activities by student organizations on campus owned, operated, or controlled property for the benefit of the student organization or for non-university affiliated charitable organizations is explained further in the Student Group Fundraising Activities Policy.

IX. Expressive Forms and Permit Requirements

The process for holding a public assembly or event will vary depending on the nature of the assembly.

Students and recognized student organizations may hold a small event or assembly in a designated area of campus without advanced notice and without being required to obtain a permit, provided the event or assembly does not exceed 25 persons, is not promoted to the public or the general student body by flyers, posters, mailers, broadcast or print advertising, or social media, the area has not been previously reserved or scheduled for a particular function, and the event does not have general exhibits or tables, amplified or disruptive music, fireworks, food vendors, or BBQ/fires.

Although it is not necessary for organizers planning a small event or assembly to obtain prior permission from the University, they are encouraged to contact the UNH Police Department to identify an appropriate area for the small event or assembly for scheduling purposes to minimize possible conflicts and to request additional information as needed. If the event is smaller than 25 persons, but requires the use of amplified sound, general exhibits or tables, food vendors, BBQ/fires, or marketing to the public, it would require approval through the permit process as prescribed in this policy.

X. Advertising, Promotion and Literature Distribution

POSTING AND ADVERTISING

Members of the university community and student organizations may post signs, notices and posters on designated bulletin boards and kiosks maintained by the academic and administrative departments of the University subject to the approval and reasonable limitations of the appropriate departments. Colleges and departments may adopt reasonable time regulations limiting the time for display of signs, notices and posters on bulletin boards maintained by colleges and departments to maximize everyone's opportunity to use designated areas for signs, notices and posters and may prohibit attaching signs, notices or posters to walls and other surfaces in order to prevent damage to walls and other surfaces.

Posting of any kind must follow the general requirements and remain in compliance with the expectations set forth in the building where such postings occur. Generally, any signage must be free-standing, not affixed to any structure or inserted into the ground.

The University of New Hampshire is the owner of all the rights, title, and interest of its trademarks, service marks, trade names, logos, designs, seals, and symbols, including college, school, programs, innovations, and unit registered trademarks. Trademarks and copyrights are not protected by the First Amendment. There are separate federal and state laws protecting intellectual property; therefore, the University may take action if a public advertisement or social media post violates a university trademark or copyright. The University also may respond with a banner, comment, or post of its own that clarifies when offending posts contain erroneous information or do not reflect the opinions of the University.

TABLING

Tabling for the purpose of distributing non-commercial information is permitted in various campus locations with an approved space reservation or permit. In buildings where tabling is permitted, requests to table should be directed to the department responsible for managing that space. Common indoor locations for tabling include the Memorial Union Building, overseen by the MUB & Student Activities, and residential buildings, overseen by Residential Life and Housing. In outdoor spaces where tabling is permitted, requests to table should be directed to the University Police Department through securing a permit. Recognized student organizations may also receive approval to table through the event approval process.

LEAFLETTING

Students may distribute, without registration or advance approval, non-commercial announcements, statements or materials in any public area of the campus, the use of which is not otherwise restricted or scheduled. Students distributing such materials are expected to refrain from littering and may be held responsible for cleanup costs. Leaving materials unattended on a surface to be picked up is considered littering, not distribution. For purposes of this provision, announcement, statements or materials pertaining to the sale of goods or services authorized by the University are considered non-commercial.

Non-affiliated third parties and agencies who wish to distribute literature or solicit contributions, including requesting a small fee or voluntary contribution for the literature to defray expenses, and engage in sequential, incidental, brief, and transitory verbal interactions with passersby on the sidewalks and in the parking lots on university property must first obtain a permit from the UNH Police Department.

No person may solicit door-to-door in university housing facilities, classroom buildings, laboratories, or administrative buildings under any circumstances. As a general rule, representatives of non-commercial off-campus organizations, such as political, religious, and charitable groups, will not be permitted to solicit on campus.

EMAIL AND TECHNOLOGY RESOURCES

Students and recognized student organizations may maintain email distribution lists for the purpose of promoting events. If university issued email accounts are used for distribution lists, they must include a mechanism for individuals to opt out or unsubscribe from receiving emails. All university issued accounts must adhere to regulations set forth in the University’s Acceptable Use Policy.

XI. Meeting Room and Event Space Reservation

For the purpose of this regulation, ‘university-related’ use shall be interpreted liberally to include extracurricular activities normally associated with university activities or reasonably related to a member of the university community.

The University is comprised of spaces that may be reserved for holding events of varying sizes. Students and student organizations on the Durham and Manchester campuses, can submit room reservation requests in the Memorial Union Building through the Online Room Scheduling Portal. Academic classroom reservations are handled by the Registrar’s Office Scheduling Department.

To inquire about other available spaces for an event on the Durham campus, contact Events and Conference Services. Information and instructions for meeting room and event space reservations on the Manchester and Concord campuses are also found online.

Non-affiliated third parties must be the guest of a sponsor to properly reserve space on any campus that is not traditionally open to the general public.

XII. Unscheduled Demonstrations

Applying for a permit or reserving a specific campus area in advance is recommended if you are planning an expressive activity, because official approval accords benefits such as coordination with university departments, including arrangements for crowd control, parking, sanitation and restroom facilities, and provisions for protection of the health, safety, and security of persons and property.

To that end, UNH understands that events within our community and around the world demand immediate public outcry. It is not the intent of this policy to limit students from exercising their rights to protest such events. Responsible dissent calls for every Wildcat to be stewards of integrity in their pursuit to be agents of change. It is inappropriate for events that have been planned to circumvent the policies by claiming to be spontaneous.

XIII. Permit Process for Expressive Activities

All applications for permits shall be assessed on a viewpoint-neutral basis.

There is a presumption in favor of issuing a permit for assemblies and events provided that the registrant demonstrates that compensation will be made to all servicing departments for all expenses resulting from the public assembly or event, including security, custodial service, traffic control, grounds maintenance, food service, and conference or facility arrangements.

If at any point the community’s safety is in question, the Chief of Police or their designee, may exercise their discretion in accordance with N.H. Rev. Stat. § 105:9, and detail one or more police officers to attend and remain present for an event, at which time services and any reasonable costs accrued shall be paid for by the responsible party.

The unit or organization requesting a permit shall identify at least one full-time faculty, staff, or student officer to be always present at the assembly or event and to be responsible for the conduct of the event. Non-affiliated third parties applying for a permit must do so though the UNH Police Department.

Failure to obtain and display a permit or violation of the conditions of a permit may result in cancellation of a permit, requirement to leave and not return, or denial of permits in the future.

The following information shall be required, as applicable, from all applicants for each public assembly or event:

1. Proposed date, start and end time, and location of the assembly or event.
2. Expressive activity description, purpose, and anticipated attendance of the assembly or event.
3. Name and address of sponsoring unit or organization.
4. Name and address of person filing application, positive form of I.D., and signature.
5. Name and address of the person in charge of the assembly or event.
6. Type of equipment or structures, if any, to be used during the assembly or event, including posts, anchors, holes, or trenches to be placed in the ground.

If the event or assembly includes general exhibits or tables, music, fireworks, food vendors, or a BBQ/fire, name of all vendors, and descriptions of all sources of flame such as BBQ-type grills (non-commercial, gas or charcoal), open pit, please refer to the Commercial Activity Policy for more information.

Applicants, shall consult the following individuals or their designees, as appropriate, about plans for the event or assembly and obtain their signature or other satisfactory evidence of the consultation:

Chief of Police, UNH Police Department (603) 862-1427
Captain on staff, Durham Fire Department (603) 862-1426

When open sources of flame will be present:
Director, Plant Maintenance, Leavitt Center (603) 862-3936
Manager, Grounds and Roads (603) 862-3518
Office of the President (603) 862-2450

For events or assemblies on Thompson Hall Lawn or Great Lawn:
Manager, Grounds and Roads, (603) 862-3518

For events or assemblies on the Manchester Campus:
Coordinator of Public Safety Security Services
Email: unhm.security@unh.edu

XIV. Permit Appeal Process

A student or student organization that is denied permission for an activity requiring advance permission under this policy may appeal the denial of permission to the Dean of Students to determine the propriety of the order limiting the speech, expression, or assembly. Appeals must be in writing and submitted via email to dean.students@unh.edu within three business days of the denial for review.

The question on appeal shall be whether, under the circumstances as they reasonably appeared at the time of the order, the appellant's speech, expression, or assembly should have been permitted to continue. Such an appeal may be useful to clarify the meaning of a rule, or to resolve a factual dispute that may recur if the appellant desires to resume the speech, expression, or assembly that was limited by the order.

The Dean of Students has discretion to designate another university official to review the contents of the appeal and make the appropriate decision as soon as administratively and expeditiously as possible. Decisions may be communicated in writing, over the phone or by virtual or in-person meeting. All decisions made are final and non-reviewable. Whether the Dean of Students or their designee responds to the appeal is the prerogative of the appointed reviewing officer.

XV. Political Events and Guest Speakers

The University has a long history of hosting candidates, campaigns, political parties and other political organizations in one of its facilities for events that engage the campus community, the state and the nation in the political process. Accordingly, the institution has established Guidelines for Hosting Political Events. All inquiries should be directed to the Marketing Office who is responsible for the coordination and management of such events.

Members of the University community and their organizations have the right to invite speakers to address audiences on campus (at the expense of the organization and members), subject only to reasonable and nondiscriminatory regulations governing the use of university facilities. The rights of speakers to freedom of expression under the Constitution of the United States and this policy will be protected. The rights of speakers to speak and audiences to hear free from undue disruption and interference shall also be protected.

Members of the University community and their organizations who invite speakers to address audiences on or off the campus, may not use the name of the University to imply official university sponsorship of the speaker in advertising or publicizing the event, except to identify the location of the event.