What is freedom of speech?

Does the university value free speech?

What types of speech are not protected by the First Amendment?

Certain categories of speech are not protected by the First Amendment. Some relevant categories of unprotected speech include:

• Incitement to lawless action: Speech directed to inciting or producing immediate and imminent illegal action and likely to incite or produce such action.
• Fighting words: Abusive words or phrases directed at a specific individual in a face-to-face confrontation that are inherently likely to provoke a violent reaction or incite an immediate breach of the peace.
• True threats: Speech that a reasonable person would perceive as a serious intent to commit an act of unlawful violence to a particular individual or group of individuals.
• Discriminatory harassment: Conduct that is:
  • (1) unwelcome and discriminatory
  • (2) based on an individual’s race, gender, religion, national origin or another protected status
  • (3) subjectively and objectively offensive,
  • and (4) so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the university’s education programs or activities.
• Illegal Conduct: Conduct that violates federal or state law, such as disorderly conduct, assault, criminal trespassing, defacement of property, stalking and unauthorized possession of weapons.

The university can and does regulate conduct consistent with the First Amendment. For example, the Student Code prohibits, among other conduct, physical violence and threats of physical violence (Student Code § 1-302(a)), discriminatory harassment (§ 1-302(i)), destruction of property (§ 1-302(k)), and violating the law when such conduct is detrimental to the university community’s interest (§ 1-302(s)).

What is hate speech? Is it protected by the First Amendment?

“Hate speech” is not a legal term with a single, consistent definition. It generally refers to offensive speech that demeans, vilifies or incites hatred against a person or group of people based on identity or attributes such as race, religion, national origin or gender. Hate speech must be distinguished from hate crimes. Hate speech, in and of itself, is generally protected by the First Amendment and is not a crime. Accordingly, the university’s ability to regulate hate speech on campus is restricted by the First Amendment.

In contrast, a hate crime refers to increased criminal penalties for hate-motivated crimes, such as when a person commits assault, stalking, or another criminal offense by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status or national origin of another individual or group of individuals.

Although the university recognizes that expression that is offensive, hurtful and contrary to the university’s values may nevertheless be protected by the First Amendment, we strive to create an environment that builds mutual respect among all members of our community. We remain committed to safeguarding the ability of all our students to participate in university programs and activities free from discrimination and harassment. This includes enforcing our Nondiscrimination Policy to the fullest extent and addressing harassment that creates a hostile environment for members of the university community.  

What is academic freedom and who has it?

Academic freedom is the freedom to teach, both in and outside the classroom, to conduct research and to publish the results of those investigations, and to address any matter of institutional policy or action whether or not as a member of an agency of institutional governance. Academic staff have the freedom to speak to any matter of social, political, economic or other interest to the larger community, subject to the applicable academic standards of conduct. What this means in practice is that academic staff have significant latitude to express their opinions, without such opinions affecting their employment status.

What is the difference between free speech/free expression and civil disobedience?

Free speech is the right of a person to express opinions and ideas without interference or retaliation from the government. Civil disobedience is the conscious decision to move from speech and expression to action that violates policies, rules or laws. While acts of civil disobedience fall along a spectrum of actions, those who choose to participate in civil disobedience should be prepared for the consequences of their actions.

What changes were made to the CAM regarding free expression over the summer?

This summer, we proposed changes to four Campus Administrative Manual policies related to use of university property, expressive activities, reservations and signage. While the existing CAM policies already addressed these topics, this recent update reflects extensive efforts to improve consistency and clarity in our policies. We sought feedback on the policies and posted them for two weeks to allow for public comments. In that time, we received more than 200 comments and emails from faculty, staff and students.

We carefully reviewed and considered all of the comments, questions and concerns presented during the public comment period. We looked for opportunities to further clarify the policies and ensure they reflect our missions and values. We made a number of modifications to the proposed policies in response to the comments. We also elected not to move forward with the draft Structures and Lawn Signs Policy at this time.

The following final policies are now posted on the CAM website: Expressive Activity on Campus Policy, Reservation of Property Policy and the General Use of and Access to University Property Policy.  The policies include clarifications to the following issues, among others:

• posting materials
• chalking
• leafletting
• camping on university property
• the time, place and manner for engaging in expressive activities on campus
• use and access parameters for university property
• security measures including a requirement to provide identification under certain circumstances and for a legitimate university purpose

We have also created a chart that includes more detail about the specific changes made to the updated policies.

What are “time, place, manner” restrictions?

Under First Amendment law, the university may regulate speech in ways that do not relate to its message but instead relate to the “time, place and manner” of speech. The right to speak on campus is not a right to say anything, at any time or in any place that a person wishes. When, where, and how speech occurs may be regulated by the university to ensure that speech does not disrupt operations and that public safety is protected. The university can regulate where, when and how speech occurs to ensure the functioning of the university, including protecting public safety.

In addition to rules regulating conduct and the use of university facilities and property (e.g., we are a smoke-free campus), the university’s Expressive Activity on Campus Policy establishes regulations designed to prevent substantial disruption of educational activities, protect lawful access to university programs and activities, avoid unsafe behavior and prevent the destruction of property. The rules do not vary according to the cause or content of a particular demonstration, speech or other form of expression, and are designed to allow extensive opportunity for expressive activity on campus.

What happens if a student violates a university policy or the Student Code?

The objective of a system of student discipline at Illinois is to promote responsible citizenship in a complex organizational or social setting. The Office for Student Conflict Resolution receives reports of violations of the Student Code and follows disciplinary procedures that provides due process to determine whether a violation occurred and, if so, what sanctions to impose, ranging from censure and conduct probation to dismissal:

• University censure: A University Censure is an official communication that a student’s behavior is inappropriate for a member of the university community. A University Censure is a reportable entry in a student’s disciplinary record until the student graduates and would serve as a basis for further sanctioning should subsequent violations occur.
• Conduct probation: Conduct probation is a strong communication that a student is no longer in good disciplinary standing with the academic community, and that, if the student fails to comply with any assigned sanctions or otherwise violates the Student Code while on probation, they should expect to be dismissed from the university. Cases resulting in Conduct Probation are reported to the dean of the student’s college and remain a reportable entry in the student’s disciplinary record for seven years. Conduct Probation will not appear on the academic transcript and shall be terminated automatically upon graduation.
• Dismissal: Dismissal means a student is separated from the university for a defined period of time, usually for at least two semesters. Dismissed students are prohibited from attending or receiving a degree from the university until they successfully petition the Academic Senate Subcommittee on Student Discipline to pursue readmission.

Why doesn’t the university share information about any actions it takes when students, faculty or staff members violate university policies?

The university is bound by the Family Educational Rights and Privacy Act, which protects information about student discipline. Ongoing human resources processes are confidential. If an employee is determined to have violated university policy, that information then becomes public.

Does the university remove offensive language written in chalk on the sidewalk?

No, the university would not remove chalking permitted by our Chalking Policy in the Campus Administrative Manual based on the message being offensive. Offensive speech is generally protected under the First Amendment unless it falls into one of the unprotected categories. Please review our Chalking Policy in the Campus Administrative Manual for more information about permissible chalking on university property.

What is the University of Illinois Foundation’s investment philosophy?

When we talk about endowed funds, we mean long-term investments that typically are restricted to the educational purpose for which they were donated to support. The University of Illinois Foundation holds investments in a broad array of sectors, companies and financial products. Foundation investment strategies include a mindful approach to support the missions of the U. of I. System universities while maintaining its fiduciary duty to manage risks and maximize risk-adjusted returns. The Foundation deploys capital to legally available investments with a belief in the prudence of a diversified portfolio without bias or influence from geo-political issues.

Why aren’t more universities divesting as a way to positively impact issues?

Universities play a crucial role in society by educating the next generation, conducting groundbreaking research to solve global challenges and preparing students to lead in business, philanthropy, government, international affairs and other key areas. To fulfill these significant responsibilities while managing costs for students and families, universities must optimize the financial resources available to them.

There is little evidence or research indicating that divestment or other exclusionary strategies meaningfully achieve the goals of such campaigns. By divesting, the investor seeking change loses any influence over the company’s direction, making it less likely that behavior will shift as intended. The lasting contributions of a university, its students and alumni are often more significant through other forms of engagement.

At the University of Illinois Urbana-Champaign, we are focused on investing in services and programs to support our students as well as preparing our students to lead the global society they will enter when they leave the university. The university and the Foundation invest in funds that address critical issues such as renewable energy, essential services—including housing, healthcare and education—micro-finance and sustainable agriculture.

What should I do if I want to hold an event on campus?

Many campus facilities and classroom spaces are available to registered student organizations and university units for events. RSOs must first complete the “Event Registration Form” at the OneIllinois website. The Student Org Development & Administration office assists RSOs with event planning resources and how to secure event-specific approvals. University units may work directly with the facility’s reservation office to complete event request processes. The Reservation of University Property policy and individual facility reservation policies will provide more details.

Can the university cancel or prohibit an event if the campus community disagrees with the speaker’s views?

No. Decisions regarding the opportunity to host an event on campus must be made in a content-neutral manner. Use of university property does not imply or signify the university’s endorsement, sponsorship, approval or disapproval of the views expressed in any expressive activity.

What is the I-Team?

The University of Illinois I-Team is a group of diverse, full-time exempt staff members who help educate university community members and visitors about expression of their First Amendment rights at events on campus within the parameters of the Expressive Activity on Campus Policy. They are trained in de-escalation techniques and utilize their professional backgrounds and experiences in their engagement with students and others in the campus community. A rotating subset of I-Team members attend events on campus that have the potential to be interrupted, disruptive or lead to adverse contact due to conflict, particularly protests and demonstrations. 

I-Team members are easily identifiable through branded apparel such as a jacket or shirt and a lanyard badge. They attend events and are ready to intervene before a situation escalates to the point of police intervention. I-Team members are NOT responsible for negotiation with individuals should behavior in violation of any university policy persist; instead, I-Team members will defer to protocols outlined in the university’s Demonstration Response Plan.

Individuals planning an expressive event can reach out to staff in the Vice Chancellor for Student Affairs for assistance in clarifying their rights and responsibilities within university policies and relevant laws. For more information, contact studentaffairs@illinois.edu. Event organizers may also work with the facility designated official for events involving a space reservation. For more information, contact ovcao@illinois.edu.

What is the role of the University of Illinois Police Department?

The UI Police Department is fully accredited like any other police department, and its officers provide patrol services, emergency response and investigative resources. The sworn officers operate under the same authority as the local city and county departments. That includes the authority to serve search warrants, issues notices to appear and make arrests.