Free Expression for Students

We know it can sometimes be hard to take a stand on the issues that matter to you. We also know it can be challenging to confront ideas you find offensive, and defending your own beliefs when questioned. This website serves as a resource to help you understand more about student expression at Rutgers, how you can engage in healthy dialogue and how you can provide your thoughts and opinions as part of our community. 

Free speech is a necessary and powerful tool of our society that provides an opportunity for every individual to have a voice. Consistently it has led to positive change when groups of people exercise their rights to speak when others tried to silence them. But free speech can also be extremely hurtful, distressing and even offensive.

Student expression is central to the Rutgers academic mission and aligns with our values of beloved community and critical thinking. President Holloway outlines the university's commitment to freedom of expression and academic freedom, while highlighting community responsibilities when it comes to speech.  Learn more about free speech and on campus, how you engage with different viewpoints and find support.
 

Free Speech is one of the rights covered under the First Amendment of the US Constitution:
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 of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Public colleges and universities are agents of the government. Because of that reason, students, faculty, staff, and community members maintain their right to free speech while on campus. 

All members of the Rutgers University community—our faculty members, students, alumni, and staff—are free to express their viewpoints in public forums. This includes viewpoints that may differ from most people in the University community.
Rutgers University does not restrict the activities of recognized university organizations, including the speakers they invite to campus, provided organizations obey the law and follow University policy and guidelines regarding these events.

Free speech includes various forms of expression, such as:

• Written words
• Verbal speech
• Online posts
• Signs
• Flyers and handouts
• Music and dance
• Art
• Clothing
• Expressive activities

Speech that does not fall under the protection of the First Amendment includes:

• Fighting words
• Harassment
• Obscenity
• Incitement to imminent lawless action
• True threats

The courts have created case law to create guidelines regarding whether speech falls into one of these exceptions. The courts have high thresholds for limiting speech, leaning towards finding most forms of expression to be protected, no matter how hateful or offensive it may be. 
Please review this YouTube video for specifics on free expression exceptions.
 

What is Not Considered Free Expression?

Individuals and groups may be found in violation of University policy if they engage in the following actions or behaviors:

• Unreasonably infringing on others’ rights to free expression at demonstrations, events or programs
• Threaten individuals or cause an injury to someone
• Harass, threaten violence, or intimidate individuals
• Violate the law or University policy
• Enter a restricted area without authorization

There is no exception for hate speech under the First Amendment, technically meaning that even hate speech is constitutionally protected. There is also no legal definition for hate speech, although it is understood to mean hurtful or offensive speech targeted towards a certain person or group. 

Some universities have tried over the years to establish hate speech codes in the past, but courts have consistently blocked them for violating the First Amendment. It is challenging to establish a definition for hate speech that is not too broad or vague. 

There will be times when students encounter hateful comments or speakers on campus. However, the First Amendment protects a speaker’s viewpoints, regardless of whether they align with our campus values of inclusion and respect. While campus administration generally will not sponsor events that are not in alignment with campus values, it is often the case that student organizations do. If campus authorities were to block a controversial speaker from coming, they may be found to violate the free speech rights of the sponsoring group. Universities have tried to limit controversial speakers from coming to their campuses due to the concerns that their messages would create unsafe conditions on campus. The courts have said it is the responsibility of the campuses to provide security necessary to not “chill” speech.

What to do when you disagree with or are impacted by hateful speech

There will be times where we disagree with an idea or hear speech that is offensive. The best response to speech that we find offensive, hateful or wrong is to have more speech and not less.

Silencing, canceling or shouting over others with whom we disagree is rarely effective. Here are some things you can do when you disagree or encounter offensive speech:

Engage in civil conversation: Allow the other person to share their point of view without interrupting. Ask questions, be respectful and try to understand another person’s perspective on an issue. You might learn something new or at least be better able to understand where someone is coming from, even if you still don’t agree.

• Decide when to walk away: Sometimes people will say or do things just to get a reaction. If civil or factual conversation is not going to happen, know when to walk away and do not respond physically.
• Share your own point of view: Start a blog, write a guest editorial for your local or campus newspaper or consider scheduling your own event to have your voice heard.  
• Engage in peaceful, non-disruptive protest: Just as the First Amendment protects a speaker’s right to express their views, it also protects the right to peaceably assemble in protest or counter protest. 
• If hateful speech is targeted at an individual, the speech may not be protected. Rutgers University has specific policies regarding discrimination and harassment. If the speech is targeted at someone and is severe, pervasive, and impacts the person’s ability to participate in the educational program, it should be reported to the Office of Student Conduct (if perpetrator is a student) or Office for Employment Equity (if the perpetrator is a faculty or staff member).