Speech and Advocacy

The University has a special obligation to protect free inquiry and free expression. On University grounds open to the public generally, all persons may exercise the constitutionally protected rights of free expression, speech, and assembly. Such activities must not, however, unreasonably interfere with the right of the University to conduct its affairs in an orderly manner and to maintain its property, nor may they interfere with the University's obligation to protect rights of all to teach, study, and fully exchange ideas. Physical force, the threat of force, or other coercive actions used to subject anyone to a speech of any kind is expressly forbidden.

These policies and campus regulations in no way constitute prohibitions on the right to express ideas and views expressed by individuals on University grounds.

The following speech, whether verbal or nonverbal (including symbols), is not protected and therefore prohibited:

• Obscenity: The speech must appeal to the prurient interest in sex, as judged by contemporary community standards; depict or describe sexual conduct in a patently offensive way; and lack serious literary, artistic, political, or scientific value.
• Fighting Words: Direct face-to-face speech that tends to incite an immediate and violent response from an average person. Speech is not restricted just because it is upsetting or arouses contempt. Speaking generally about a controversial or offensive topic typically will remain protected. The fighting words exception normally does not apply to speakers addressing a crowd on campus but may apply to speakers addressing specific individuals in the immediate area, no matter the size of the crowd.
• Defamation:  False statements of fact about a person. In cases concerning a public official or figure, the speaker must have acted with intent in making the false statement. In certain cases, the party alleging defamation must show actual damages. Statements of pure opinion are in general not defamation. 
• Child Sexual Abuse Material: Such speech is distinct from obscenity because of the criminal nature of the speech. Speech is considered child pornography when it visually depicts sexual conduct by children below a specific age. 
• Speech Integral to Criminal Conduct: Speech used as an integral part of conduct in violation of a valid criminal statute.
• Incitement of Imminent Lawless Behavior: Speech may advocate the use of force or lawbreaking, except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action. It also requires an audience that is prepared to do so.
• True Threats: Speech meant to communicate a serious expression of an intent to commit an act of unlawful violence to an individual or group of individuals with the intent of placing the victim in fear of bodily harm or death. The First Amendment requires an actual intent to threaten (not merely words that are objectively threatening).

Time, Place, and Manner Standards

A person's exercise of constitutional rights, including free speech and advocacy, may not unreasonably hinder orderly behavior, the normal conduct of University affairs, or safety. The University needs to be able to ensure safety, security and order, prevent unlawful conduct, preserve architectural aesthetics, and limit the volume of solicitations in public areas. The University may subject all speech and conduct in public areas to reasonable time, place, and manner regulations as long as the regulations are content neutral, narrowly tailored to serve a significant functional end and leave open ample alternative channels of communication. Time, place, and manner standards for exercising free speech and advocacy shall not be based on the content of the speech.

University Grounds

The University grounds are open to the public except those locations where such activity would significantly interfere with and/or disrupt University business (e.g. immediately adjacent to classrooms, where teaching and learning would be disrupted, or narrow walkways or corridors, where the free flow of foot-traffic would be impeded). For purpose of this policy, "grounds open to the public" are defined as the outdoor areas of the campus (lawns, patios, plazas) that are at least 30 feet from the entrances/exits of campus buildings and parking lots, and that do not restrict movement on campus walkways and are also a safe distance from the curbs of campus roads. All activity in these areas must be conducted in such a way that traffic is not impeded and the normal activity in classrooms and offices is not disrupted. If there are “counter protest or speech groups” wishing to be heard in the same area, the two groups shall remain a minimum of thirty feet away from each other. Protesting an event is permissible as long as any speaker’s right to free speech and the audience’s right to see and hear a speaker are not violated.

Except as set forth above, non-University persons or outside groups (i.e. vendors and external interest groups) may address meetings in all other areas only by invitation from a registered student organization, student government (CSUN and GPSA), University departments, University recognized academic and administrative units, and official University of Nevada, Las Vegas alumni organizations. 

Reservations for Certain Areas Available for Public Gatherings

Non-University persons are permitted to speak in areas of the campus open to the public without invitation. Certain specific areas and properties available for public meetings and gatherings may be reserved. Though not required, reservations are strongly encouraged in order to ensure that a location is available for outdoor assembly at a specific date and time. The University may change the locations available for reservations in accordance with reasonable time, place, and manner restrictions.

Amplification

Amplification may be used only at specified times, as part of ordinary time, place, and manner restrictions. For more information, see the Outdoor Noise Policy.