Freedom Of Expression
The University reaffirms its commitment to the principle that the widest possible scope for freedom of expression is the foundation of an institution dedicated to vigorous inquiry, robust debate, and the continuous search for a proper balance between freedom and order. The University seeks to foster an environment in which persons who are on its campus legitimately may express their views as widely and as passionately as possible; at the same time, the University pledges to provide the greatest protection available for controversial, unpopular, dissident, or minority opinions. The University believes that censorship is always suspect, that intimidation is always repugnant, and that attempts to discourage constitutionally protected expression may be antithetical to the University's essential missions: to discover new knowledge and to educate.
All persons on University-controlled premises are bound by the Rules and Regulations for Maintenance of Public Order, which deal in part with freedom of expression (adopted by the Board of Trustees of the State University of New York June 18, 1969; amended 1969, 1980). Members of the University community should familiarize themselves with those rules and regulations. In addition, University faculty are protected by and bound by Article XI, Title I, Section 1 of The Policies of the Board of Trustees (adopted January 1987), entitled "Academic Freedom." It reads as follows:
"It is the policy of the university to maintain and encourage full freedom, within the law, of inquiry, teaching, and research. In the exercise of this freedom the faculty member may, without limitation, discuss his own subject in the classroom; he may not, however, claim as his right the privilege of discussing in his classroom controversial matter which has no relation to his subject. The principle of academic freedom shall be accompanied by a corresponding principle of responsibility. In his role as a citizen, an employee has the same freedom as other citizens. However, in his extramural utterances an employee has an obligation to indicate that he is not an institutional spokesman."
University officials or other members of the University community in a position to review publications, speakers, performances, or any other form of expression may establish legitimate time, place, and manner regulations for the maintenance of an orderly educational environment; however, they may not prohibit expression for any reason related to the content of the expression, except as permitted in those narrow areas of expression devoid of federal or state constitutional protection.Initial regulation of posters intended to be displayed on Podium bulletin boards will be administered by the Office of Campus Life. In addition to matters covered below, the Office of Campus Life may, to maintain an orderly educational environment, establish time, place, and manner regulations for posters.
The Office of Campus Life will have available information and materials concerning any restrictions that apply to posters and will present it readily to anyone needing assistance in designing or mounting posters.
If the Office of Campus Life determines that a poster submitted for approval appears to contain expression that is devoid of Constitutional protection or appears to contain material likely to give major offense to groups defined by race, sex, age, religion, ethnicity, physical condition, or sexual preference, the person requesting approval for such poster will be urged by University officials to adopt some alternate design for the poster which will avoid the inappropriate attributes.
If the efforts described above fail to dissuade those wishing to display a poster considered to be devoid of Constitutional protection, the proposed poster will be referred to CAFE for review. CAFE will have two University business days to conduct its review.When notified that an objectionable poster has been referred to CAFE, the Chair of CAFE shall so notify all Council members and assemble as many of them as possible within two University business days to review the proposed poster.After reviewing the poster, CAFE will rule as to whether the poster contains material devoid of Constitutional protection. The Council will report its finding and make a written recommendation about display to the President (or designee) to take final action on the matter.Within one University business day, the President (or designee) shall notify the Chair of CAFE in writing of his/her findings, and shall notify the Office of Campus Life whether to register the poster for display.Speakers invited to campus by University groups or individuals, and other speakers who may be legitimately present on campus, will be given the utmost protection to communicate their messages without disruptive harassment or interference. Opponents to those speakers enjoy the same protections for expressing their dissent.All members of the University community share the duty to support, protect, and extend the commitment to the principle of freedom of expression, and to discuss this commitment with groups or individuals who seek to take part in University life. While all persons may seek to peacefully discourage speech that may be unnecessarily offensive to particular individuals or groups, speech that may be antithetical to the University's value, those persons must support the legal right of free speech.
Under Section 1.5 of its charge, the Council on Academic Freedom and Ethics will serve as a hearing body available to those members of the University community who feel their freedom of expression has been unfairly suppressed. The Council will report its findings to the President for further review and action. (University Senate Bill No. 8687-10; amended as University Senate Bill No. 8889-04)
