Free Speech Scenarios
A few scenarios that may raise free speech questions are described here.
*Please note that providing universal answers on issues of free speech and free expression is difficult. Often, the circumstances of each situation must be considered individually before any conclusions can be drawn.
Is this speaker's message protected by the First Amendment?
Yes.
A public college or university is a space where free speech can occur. Nearly all speech, including speech that is annoying, rude and offensive, is protected by the First Amendment. Academic freedom also plays in, protecting freedom of inquiry and research, freedom of teaching, and freedom of expression and publication.
Suggested actions
You can protest the speaker outside the building in a public area. You can use social media to protest and raise awareness about the speaker and your objections.
What can you not do?
You cannot disrupt the class or speaker. Students and faculty share the responsibility for maintaining professional relationships based on mutual trust and civility.
Is this speaker's message protected by the First Amendment?
Yes.
A public college or university is a space where free speech can occur. Nearly all speech, including speech that is annoying, rude, and offensive, is protected by the First Amendment. Academic freedom also plays in, protecting freedom of inquiry and research, freedom of teaching, and freedom of expression and publication.
Suggested actions
Ignore them. Rebut them. Report it if you witness acts of hate, bias, discrimination, or harassment.
What can you not do?
Do not touch any speaker, no matter how offensive they seem.
Suggested actions
- Circulate a petition or letter voicing your concerns.
- Request to meet with campus officials to discuss your concerns.
- Engage in peaceful protest in a public space.
What can you not do?
- You may not engage in an occupation/sit-in of an office or other non-public space in a campus building.
- You may not block traffic into or out of a room, floor, or building.
- You may not obstruct or disrupt campus or system staff or officials while they are fulfilling their duties.
- You may not tag or mark campus or university system facilities with graffiti.
Is this protected by the First Amendment?
The answer will depend on the context. Was the professor talking about a specific candidate or ballot issue or about politics in general? Are the comments connected to the class curriculum?
Under Montana law, public officers and public employees may not use public time, facilities, equipment, supplies, personnel, or funds to solicit support for or opposition to any political committee, the nomination or election of any person to public office, or the passage of a ballot issue.
The MUS is open to everyone regardless of politics, and its employees are expected to conduct themselves in ways that treat all political persuasions equally. Targeting or discriminating against a student for their political beliefs is strictly prohibited.
Suggested actions
Rebut the professor's points in a civil manner. Speak with the professor outside of class to voice your concerns, and report acts of hate, bias, discrimination, or harassment. You may also report your concerns to the Dean of Students.
What can you not do?
You cannot disrupt the class. Students and faculty share the responsibility for maintaining professional relationships based on mutual trust and civility.