Alfred State College respects and fulfills the constitutional guarantee of free speech under the First Amendment and promotes the free exchange of ideas. We support peaceful assembly and civil discourse on all manner of issues. It is virtually guaranteed that members of our campus community have many different perspectives and ideas, which may conflict with one another. As a public institution, Alfred State’s role is not to censor those differing ideas or shield people from those ideas and opinions with which they may strenuously object or potentially find offensive.
Protected Rights
The college's commitment to free speech is also a legal obligation. The First Amendment to the United States Constitution affirms, with rare exceptions, the rights of individuals and groups to communicate virtually any idea. The Constitution, however, does not protect speech with threats of violence, incitement to violence, fighting words, obscenity, defamation, or fraud. These types of speech, which are generally referred to broadly as “unprotected speech” (or as “exceptions” to the general principle of free speech) are not protected at Alfred State College and may in some cases subject the speaker to some form of appropriate disciplinary action. However, speech that does not fall into these narrow exceptions will be considered “protected speech.”
Content-Neutral Approach
College policy cannot supersede federal or state constitutions. Restricting any individual’s or group’s protected speech solely based on it being controversial, upsetting, or even subjectively abhorrent, is antithetical to the First Amendment. However, the Constitution does permit organizations like Alfred State College to impose content-neutral “time, place, and manner” restrictions on the making or delivery of protected speech. This means the college can determine the time, place, and manner of speech to reduce or prevent interference with the operations of the college, its services, and people’s rightful access to its services.
The same legal obligations to provide a safe environment for constitutionally protected speech also protect the rights of protestors. Community members have the right to peacefully respond to a controversial speaker through actions such as circulating literature, counterprogramming, displaying signs, talking to express their viewpoint, or even ignoring the speaker to deny the attention the speaker may seek. The law does not, however, give individuals the right to threaten a speaker, commit any violent act against a speaker, or create a situation in which the speaker cannot be heard (heckler’s veto).
Related Policies
Alfred State strives to ensure a safe environment for learning and the free exchange of ideas. For this reason, our public college will remain a content-neutral venue and provide the same level of safety and respect to all speakers. Individuals wishing to exercise their free speech and expression rights at Alfred State College must abide by the following policies:
Related Resources
