Freedom of Speech and Support Resources

Freedom of speech is the right of a person to articulate opinions and ideas without interference, retaliation, or punishment from the government. In this context, the term “speech” is not limited to spoken words; it also includes symbolic speech, such as what a person wears, reads, performs, protests, and more. Freedom of speech is strongly protected by the First Amendment of the United States Constitution and many state and federal laws. The United States has some of the strongest free-speech protections in the world, and they help form the bedrock of our democracy. The First Amendment protects speech that many consider offensive or hateful.

Broadly speaking, the First Amendment protects all types of speech, but exceptions do exist. Types of speech that are not protected by the First Amendment include:

• Incitements of violence or lawless action: There is no right to incite people to break the law, including to commit acts of violence. For an action to constitute incitement, the U.S. Supreme Court has determined that there must be a substantial likelihood of imminent illegal activity, and the speech must be directed to causing imminent illegal activity. For example, a speaker on campus who urges the audience to engage in acts of vandalism and destruction of property is not protected by the First Amendment if there is a substantial likelihood of imminent illegal activity.
• Fighting words: Speech that is personally or individually abusive and is likely to incite imminent physical retaliation.
• True threats: Statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals. The speaker does not have to act on his or her words (e.g., commit a violent act) in order to communicate a true threat. For example, if a group of students yelled that they were going to physically assault a particular student, and that student reasonably feared for their safety, such speech would not be protected.
• Obscenity: Speech or materials may be deemed obscene (and therefore unprotected) if the speech meets the following (extremely high) threshold: It (1) appeals to the “prurient” interest in sex, (2) is patently offensive by community standards and (3) lacks literary, scientific or artistic value.
• Defamation: An intentional and false statement about an individual that is publicly communicated in written (called “libel”) or spoken (called “slander”) form, causing injury to the individual.
• Discriminatory harassment: Unwelcome, intentional conduct on the basis of membership in a protected class. Harassment must include something beyond the mere expression of views, words, symbols or thoughts that some person finds offensive. The conduct must also be considered sufficiently serious (severe or pervasive and objectively offensive) to deny or limit someone’s ability to participate in or benefit from WSU’s programs or activities. The conduct must be evaluated from the perspective of a reasonable person in the alleged victim’s position, considering all the circumstances.
• False advertising: A knowingly untruthful or misleading statement about a product or service.
• Certain symbolic actions: Only if the actions are otherwise illegal, such as tagging, graffiti, littering, or burning a cross on private property.
• Child pornography
• Interference with medical treatment: Speech that interferes with the treatment of patients.
• Invasion of privacy: An unjustifiable invasion of privacy or confidentiality not involving a matter of public concern.
• Material and substantial disruption: An action that materially and substantially disrupts the functioning of the university or that substantially interferes with the protected free expression rights of others.

Historically, the Supreme Court has defined these terms very narrowly, limiting the authority of the government and public officials to prohibit or prosecute speech, even if it appears to fall into one of these categories.

The term “hate speech” is often misunderstood. Hate speech is not a separate category of speech under the law. The term refers to speech that insults or demeans a person or group of people on the basis of attributes such as race, religion, ethnic origin, sexual orientation, disability, or gender. Justice William Brennan wrote in the Supreme Court’s decision in Texas v. Johnson (1989):

“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.”

More recently, Chief Justice John Roberts wrote in Snyder v. Phelps (2011):

“Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow and — as it did here — inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a Nation, we have chosen a different course — to protect even hurtful speech on public issues to ensure that we do not stifle public debate.”

While WSU condemns speech of this kind, hate speech is only unprotected if it falls into one of the categories described above (e.g., “fighting words” or “true threats”). Although this may be difficult to understand or accept, even speech that is hateful or offensive is still likely protected by the First Amendment. However, just because there is a First Amendment right to say something, that doesn’t mean it should be said. The First Amendment protects a right to say hateful things, often even when they stand in direct opposition to WSU’s values of diversity, inclusion, and mutual respect. However, as a campus, we must always strive to ensure an environment where all students, faculty, and staff are welcomed, respected, and supported and where members of this community are tolerant of the ideas and expressions of others.

In addition, the First Amendment does not protect actions just because they are motivated by an individual’s beliefs or opinions. Therefore, even though hate speech is protected by the First Amendment, “hate crimes” may be regulated by Washington and federal criminal laws.

The courts have held that burning the American flag is protected speech (Texas v. Johnson (1989)) and so is wearing armbands to protest a war (Tinker v. Des Moines Independent Community School District (1969)). The First Amendment does not protect the use of nonverbal symbols to directly threaten an individual or intrude upon or destroy private property. Examples might include hanging a noose above a residence hall door or spray-painting swastikas on a library wall.

Everyone responds to these events differently and at their own pace. Please be kind to yourself and others, particularly as new information becomes available and as time passes.

Counseling and Psychological Services (CAPS)

CAPS offers mental health services such as individualized counseling.

• For a same-day appointment, call 509-335-4511
• For after-hours crisis counseling, call 509-335-2159

Office of the Dean of Students

If you’re not sure where to go, you can start with the Office of the Dean of Students (ODoS). The ODoS helps with things like:

• general support
• crisis and emergency situations
• housing and food insecurity
• access to support systems
• campus and community involvement
• navigating academic policies
• conduct and behavioral issues

Contact the ODoS at 509-335-5757 or email deanofstudents@wsu.edu.

Mobile Mental Health Services

Online mental health and well-being services are available to students 24/7, including:

• Welltrack Boost: Online self-directed therapy experience for managing depression and anxiety. The companion app, MoodCheck, allows you to monitor your mood throughout the day and connect to what influences your mood.
• Togetherall: Anonymous and safe space to chat with others about mental health and mental illness. It is accessible and clinically managed by trained professionals, providing self-assessments & recommended resources and a wide range of self-guided courses to do at your own pace.
• Welltrack Connect: Helps you find a mental health professional in your community.
• 988 Suicide and Crisis Lifeline: Anyone in suicidal crisis or emotional distress should dial the hotline at 9-8-8.

Civil Rights and Compliance

The Office of Civil Rights and Compliance (CCR) reviews and investigates complaints of discrimination, harassment, and sexual misconduct. CCR is an excellent resource for learning about your options, even if you do not wish to formally report anything or move forward with an investigation process.

ASWSU Pullman Legal Services

ASWSU Pullman Student Legal Services (SLS) provides services for the legal needs of current students with the SLS attorney at no cost during the academic year.

Multicultural Student Services

The Office of Multicultural Student Services (MSS) seeks to facilitate the best undergraduate experience for multicultural, first-generation, and other underrepresented students through the provision of culturally relevant services to enhance their learning and development and foster their successful transition, adjustment, persistence, achievement, and graduation.

• African American Student Services
• AAPI Student Center
• Chicanx Latinx Student Center
• Native American Student Center
• Undocumented Initiatives

Employee Assistance Program (EAP)

Faculty and staff are encouraged to utilize the Washington State Employee Assistance Program (EAP) for confidential counseling and referral services.

The EAP offers 24/7 in-the-moment crisis counseling by phone for individuals in crisis. Please call 877-313-4455 and select option 2 to speak with the on-call counseling service.

Another resource separate from EAP is the 988 Suicide and Crisis Lifeline. Anyone in suicidal crisis or emotional distress can dial the hotline at 9-8-8.

Human Resource Services

Human Resource Services provides resources for faculty and staff on workplace interactions and concerns. Please call 509-335-4521 or email hrs@wsu.edu.

Mental health services through benefit plan

Individuals eligible for employee benefits offered through the university have counseling services available as part of their benefits package. Certificates of Coverage for each of the plans, which provide details on behavioral health/mental health services coverage, are available at hrs.wsu.edu/medical-insurance. Questions about services and coverage may also be directed to the plans:

• Uniform Medical: 888-849-3681
• Kaiser Permanente WA: 866-648-1928
• Kaiser Permanente NW: 800-813-2000

All the benefit plans also provide access to myStrength, a digital program with tools and support for stress, depression, sleep, and more.  This resource can be accessed as a mobile app.  To sign up for this tool, click on your medical plan provider:

• Uniform Medical
• Kaiser Permanente WA
• Kaiser Permanente NW

If you have questions about your benefit options, please email HRS Benefits at hrs.benefits@wsu.edu.

Civil Rights and Compliance

The Office of Civil Rights and Compliance (CCR) reviews and investigates complaints of discrimination, harassment, and sexual misconduct. CCR is an excellent resource for learning about your options, even if you do not wish to formally report anything or move forward with an investigation process.

University Ombuds

The Office of the University Ombuds works to protect the interests, rights, and privileges of students, staff, and faculty at all levels of university operations and programs. The Ombuds office is designated by the university to function as an impartial and neutral resource to assist all members of the university community. The Ombuds office provides information relating to university policies and procedures and facilitates the resolution of problems and grievances through informal investigation and mediation. The office does not replace or supersede other university grievances, complaints, or appeal procedures.

Everyone responds to these events differently and at their own pace. During a crisis situation, you may find that students need additional support. If so, please consider directing them to one or more of the following resources:

Counseling and Psychological Services (CAPS)

CAPS offers mental health services such as individualized counseling.

• For a same-day appointment, call 509-335-4511
• For after-hours crisis counseling, call 509-335-2159

Office of the Dean of Students

If you’re not sure where to go, you can start with the Dean of Students (ODoS). The ODoS helps with things like:

• general support
• crisis and emergency situations
• housing and food insecurity
• access to support systems
• campus and community involvement
• navigating academic policies
• conduct and behavioral issues

Contact the ODoS at 509-335-5757 or email deanofstudents@wsu.edu.

Student Care Network

The Student Care Network can help when you have a concern about a student’s well-being, behavior, academic performance, or access to financial, food, or housing assistance. Students can also use this form as a way to reach out for themselves or others. We will contact whoever submitted the form to gather additional information, talk about the situation, and identify the next steps. Reports may also be submitted anonymously. Remember: If someone poses an immediate threat to themselves or to others, call 9-1-1.

Mobile Mental Health Services

Online mental health and well-being services are available to students 24/7, including:

• Welltrack Boost: Online self-directed therapy experience for managing depression and anxiety. The companion app, MoodCheck, allows you to monitor your mood throughout the day and connect to what influences your mood.
• Togetherall: Anonymous and safe space to chat with others about mental health and mental illness. It is accessible and clinically managed by trained professionals, providing self-assessments & recommended resources and a wide range of self-guided courses to do at your own pace.
• Welltrack Connect: Helps you find a mental health professional in your community.
• 988 Suicide and Crisis Lifeline: Anyone in suicidal crisis or emotional distress should dial the hotline at 9-8-8.

Civil Rights and Compliance

The Office of Civil Rights and Compliance (CCR) reviews and investigates complaints of discrimination, harassment, and sexual misconduct. CCR is an excellent resource for learning about your options, even if you do not wish to formally report anything or move forward with an investigation process.

ASWSU Pullman Legal Services

ASWSU Pullman Student Legal Services (SLS) provides services for the legal needs of current students with the SLS attorney at no cost during the academic year.

If individuals are being disruptive and demonstrating repetitive, egregious, and reckless behavior, they can be asked to leave the classroom. If the individual is a student, please refer them to the Center for Community Standards and include as much detail as possible in the Community Standards report.

If the situation elevates and the individual is demonstrating egregious and reckless behavior, and will not leave the classroom, the instructor is encouraged to stop the class, ask all individuals to leave, and call WSU Pullman Police’s non-emergency dispatch at 509-335-8548.

In all situations, students involved or witnessing such incidents may need additional support or access to resources. You can reach out to the Office of the Dean of Students through the Student Care Network or email deanofstudents@wsu.edu.

If you would like to have these resources available to your students during class, the following slides have been prepared for your use.

Student Support Resource Slides

As a public institution of higher education, Washington State University is committed to fostering free speech and the open debate of ideas. Washington State University is prohibited from banning or punishing an invited speaker based on the content or viewpoint of their speech. University policy permits student groups to invite speakers to campus, and the university provides access to certain campus venues for that purpose. Washington State University cannot take away that right or withdraw those resources based on the views of the invited speaker. Only under extraordinary circumstances, as described on this page, can an event featuring an invited speaker be canceled.

Once a speaker has been invited to campus, Washington State University will act reasonably to ensure that the speaker is able to safely and effectively address his or her audience, free from violence or disruption.

Although Washington State University cannot restrict or cancel the speech based on the content or viewpoint of the speech, the university is allowed to place certain content- and viewpoint-neutral limits on how the speech can take place. These limits can be based on the “time, place and manner” of the speech.

The First Amendment right to free speech is not absolute. To keep the university safe and functioning, the U.S. Supreme Court allows WSU and other public institutions to apply reasonable time, space, and manner restrictions, reasonably limiting when, where, and how people engage in protected speech and expression on university property. For example, WSU can require organizers to register events in sufficient time to allow the university to prepare any necessary safety and logistical plans; require people to demonstrate on sidewalks, rather than impede traffic on roadways; or enforce residence hall courtesy hours designed to ensure students’ rights to quiet enjoyment of their campus living spaces. Time, place, and manner limits do not allow WSU to suppress or deny a platform to speech protected by the First Amendment before it occurs, which is called “prior restraint,” nor can WSU restrict the content of protected speech with which WSU disagrees or that may be deemed controversial. For more information, see WAC 504-33, Facility Use Rules for First Amendment/Free Speech Activities.

You should contact the responsible administrator to request the use of the space. Please review the regulation governing Use of University Property for more information.

Note: Groups and individuals not affiliated with the university must be sponsored by a university group, student group or student in order to use space on Washington State University’s campus. A fee may be charged for the use of university space and any related security costs.

• WSU Pullman: A list of spaces that can be reserved can be found on the WSU Scheduling Office website or by contacting the staff in WSU Student Involvement. Requests to reserve space must be submitted electronically to the responsible administrator. 

No, WSU is prohibited from canceling an event based on the viewpoint of the speaker.

In general, Washington State University cannot prevent speech on the grounds that it is likely to provoke a hostile response. Stopping speech before it occurs due to the potential reaction to the speech is often referred to by courts as the “heckler’s veto” and is a form of “prior restraint.” Prior restraints of speech are almost never allowed.

The university is required to do what it can to protect speakers and prevent disruption or violence. Although the university is committed to fulfilling these obligations, if despite all efforts by the university there is a serious threat to public safety and no other alternative, an event can be canceled. Washington State University’s primary concern is to protect the safety of its students, faculty, and staff. Local law enforcement agencies, and for WSU Pullman the Washington State University’s Pullman Police Department, make security assessments with input from federal, state, and local law enforcement agencies.

WSU is dedicated to fostering free speech in an environment where members of our community can learn from one another and where all are treated with dignity and respect. The university vigorously opposes and denounces all forms of hateful speech. The university encourages faculty, staff, and students to use their free-speech rights, consistent with federal and state laws, to condemn hateful speech and to help create opportunities for the campus community to understand and learn from these actions. Students who encounter hurtful or offensive speech are encouraged to make a report to the university’s Office of Compliance and Civil Rights. Students may also contact Student Affairs. 

WSU balances its commitment to free speech with a commitment to safety. Individuals who threaten or commit acts of violence or other violations of law may be subject to arrest and prosecution by law enforcement, as well as disciplinary sanctions imposed by the university.

Yes. A part of free speech and expression is the right to engage in peaceful, nonviolent protest. The university expects all who engage in protest activity to do so peacefully and safely. Below are some reminders for how to protest safely:

• Avoid activity that infringes on the rights of others, such as blocking or preventing the movement or access of others.
• Follow the instructions of a police officer or university officials, such as staying behind barricades, dispersing from an area declared an unlawful assembly and not resisting arrest. It is against the law to disobey a lawful order by a police officer, and it is a violation of university policy to disobey a direction from a university official.
• Leave the area where others are engaging in illegal activities and acts of violence. Your presence may be interpreted as participating in a riot or illegal group action. Staying overnight in a campus building after hours is prohibited.
• Refrain from inciting others to commit acts of violence such as pushing, kicking, or spitting on others, destruction of property, or other unlawful actions.
• Make informed decisions. If you choose to engage in civil disobedience and get arrested, know the potential consequences.

Related Codes and Policies:

• Facility use rules for free speech activities 
• Standards for Conduct for Students
• Postings in University Spaces
• Renting University Facilities, Equipment or Services
• Solicitation
• Temporary Signage
• Use of University Property
• Exterior Signage

Campus Resources:

• Center for Community Standards
• Office of the Dean of Students 
• Student Affairs
• WSU Events Calendar
• WSU Ombuds
• Discrimination statement and policy from the Office of Civil Rights Compliance and Investigation
• Provost’s blog post regarding political speech guidelines and policies
• WSU Faculty Manual Policy on Freedom of Expression and Accompanying Responsibilities