UW-Stevens Point is a public university and, as a matter of law and institutional values, is dedicated to the principles of free speech and free expression as protected by the First Amendment of the U.S. Constitution and Article I of the Wisconsin Constitution and considers that dedication to be an essential part of its educational mission. Fulfilling the university’s mission requires that UW-Stevens Point robustly protect the opportunity of our community to engage in expressive activity in a variety of ways and locations.
We also have the responsibility to ensure that teaching, research, scholarship, service, and university-sponsored events can occur in a safe and orderly manner without disruption and in a manner that is open and welcoming. It is entirely consistent with constitutional law for UW-Stevens Point to impose reasonable restrictions on the time, place, and manner of expressive activity (e.g., events, protest, demonstrations) on its campus.
These robust protections alongside reasonable restrictions work together to ensure our campus can fulfill our obligations under the First Amendment alongside our responsibilities to our educational mission, and to a safe and functional environment for teaching, research, and learning for all our students, faculty, and staff.
FREE SPEECH AND FIRST AMENDMENT
“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 to peaceably to assemble, and to petition the government for a redress of grievances.”
The University of Wisconsin-Stevens Point, as a public campus of the University of Wisconsin System, is committed to the principles captured in the First Amendment as part of the institution’s mission.
The first 10 Amendments to the U.S. Constitution are known as the Bill of Rights, which were created to ensure the protection of certain individual liberties. While the language of the First Amendment refers only to “Congress,” the First Amendment – as well as most of the other Amendments that make up the Bill of Rights – applies to government entities in general by way of the Fourteenth Amendment to the Constitution. This includes federal, state, and local government officials, and extends to public schools and institutions including UW-Stevens Point.
Free speech is any form of speech – including nonverbal and silent protest as well as symbolic speech – that is legally protected by the First Amendment. This often includes speech that some find to be offensive or morally questionable. Justice William Brennan wrote in the Supreme Court’s decision in Texas v. Johnson (1989), a case about the burning of an American flag: “If there is a bedrock principle underlying the First Amendment, it is that government may not prohibit the expression of an idea simply because it finds it offensive or disagreeable.”
For more questions and answers, visit our Frequently Asked Questions page.
EXPRESSIVE ACTIVITY GUIDELINES
University community members as well as visitors may use outdoor public university areas for expressive activity, subject to the restrictions listed in applicable university policies. The university shall not consider the content or viewpoint of any expressive activity permitted by university policy when applying time, place, and manner restrictions. Unless otherwise regulated university community members and visitors may engage in spontaneous expressive activity unless otherwise restricted by law, university policy, or prior space reservations.
- Camping, as defined in Chapter UWS 18, is expressly prohibited on all university property including outdoor public university areas.
- Camping per the policy includes the pitching of tents or the overnight use of sleeping bags, blankets, makeshift shelters, motor homes, campers or camp trailers.
- No person may place or erect any facility or structure upon university lands unless authorized by the chancellor or designee Chapter UWS 18.
- Chalking is permitted on university sidewalks and university streets subject to the following restrictions:
- Chalking may only be done with water soluble materials. No paint, oil-based chalk, indelible marks, or spray chalk may be used.
- Chalking is prohibited on university buildings, courtyard areas, vertical surfaces, planters, doors, trash receptacles, fountains, benches, tables, signs, poles, columns, bus stops, light posts, trees, underneath overhangs or any covering, or any location where precipitation cannot wash away the chalk.
- Students, faculty, staff, and members of the public must not remove or tamper with chalking done by another person or organization.
- The university may remove chalking and other markings on university property, including outdoor public university areas, that violate university policy, including but not limited to this policy, or state or federal law.
- All conduct on university property, including expressive activity, must comply with applicable state and federal laws and university policies, including but not limited to facility use policies, Chapter UWS 17, Chapter UWS 18, Regent Policy 4-21, non-discrimination policies including but not limited to provisions prohibiting harassment, and lawful directives and orders from federal and state governments.
- Expressive activity may not materially and substantially disrupt university activities, events, or operations. This includes, but is not limited to:
- Disrupting the teaching of classes, study, research, or administration of the university.
- Impairing passage on university lands and through building corridors, stairways, doorways, building entrances, fire exits, and reception areas leading to offices.
- Interfering with university authorized or reserved use of university property, including, but not limited to, disrupting student organizations and university-invited speakers and other authorized talks or events.
- Interfering with or infringing on the rights and privileges of others on university property including in outdoor university public areas.
- Impeding or disrupting emergency services, including but not limited to, fire protection, law enforcement, or emergency or medical services.
Expressive activity on university property, including in outdoor public university areas, must not physically injure any other person, damage or destroy property, physically interfere with another person’s bodily autonomy, or engage in constitutionally unprotected true threats against others.
- Exemptions to these guidelines are determined by the Senior Students Affairs Officer / Vice Chancellor for Student Affairs or their designee.
- When considering exemptions, the university shall not consider the content or viewpoint of any expressive activity permitted by university policy.
- UW-Stevens Point will enforce codes of conduct and other policies regarding activities on university owned or controlled property, to include expressive activities.
- University community members and visitors may hold signs and distribute written or printed non-commercial materials, such as flyers, leaflets, and publications on a person-to-person basis, unless otherwise regulated by university policy, including but not limited to, individual building use policies.
- Per Chapter UWS 18, signs must be handheld, not supported by standards or sticks, and may not be left unattended.
- Unless otherwise authorized by university policy no signs, posters, or banners may be erected or supported by piercing the surface of university property with stakes, posts, poles, anchors, or other materials.
- Signs or materials for distribution that violate university policy, including this policy, or state or federal law, are prohibited.
- Distribution of written materials in residence halls is governed by applicable Housing and Residence Life residence hall policies.
Conduct, including expressive activity, must not create, or assist in creating, a noise disturbance. Please note that conduct, including expressive activity may not disrupt university operations, activities, and events in violation of items in the Conduct on University Owned or Controlled Property section of this document, even if it does not amount to a noise disturbance
- UW-Stevens Point has no outdoor posting locations. Materials may not be affixed to telephone poles, light poles, garbage cans, sidewalks, stairs/steps, benches, fences, trees, or buildings.
- In campus buildings, the posting of fliers and posters is only allowed on bulletin boards.
- See individual building bulletin boards for specific posting requirements or limitations.
- Except where otherwise indicated, postings must not exceed 11 inches by 17 inches and only one copy of a posting may be posted in the same designated space at any one time.
- Posting in residence halls is governed by applicable Housing and Residence Life residence hall policies.
- Conduct on university property including outdoor public university areas may not include the use sound amplification equipment unless expressly applied for and authorized by Conference and Event Services or University Police and Security Services. This prohibition extends to expressive activity.
- Under state law, authorization may be granted between the hours of 12PM-1:30PM and 5PM-7PM, every day. Applicants must show there is a need for the use of sound amplification equipment to communicate with the identified audience and that its use will not interfere with or disrupt university operations.
- Requests to use sound amplification equipment are included as part of the reservation process through University Police and Security Services.