Controversial speakers and events

Freedom of speech is a fundamental right essential to the academic mission of our institution. We believe in the power of open discourse to challenge ideas, promote understanding, and foster intellectual growth. As such, WSU is dedicated to upholding the principles of free expression for all members of our community. Central to our commitment to free speech is the principle of viewpoint neutrality. As a state/government entity, WSU does not have the authority to banish, suppress, or punish any particular viewpoint or ideology. However, unprotected speech can be lawfully prohibited (see “What types of speech are not protected by the 1st Amendment?”)

University policy permits student groups to invite speakers to campus, and the university provides access to certain campus venues for that purpose. WSU cannot take away that right or withdraw those resources based on the views of the invited speaker. Only under extraordinary circumstances, can an event featuring an invited speaker be canceled. WSU is prohibited from canceling an event based on the viewpoint of the speaker.

Once a speaker has been invited to campus, WSU will act reasonably to ensure that the speaker is able to safely and effectively address their audience, free from violence or disruption. WSU’s actions are designed to protect speech rights and are not an endorsement of a particular speaker.

Although WSU generally 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 are referred to as “time, place, and manner restrictions.”

Consistent with the law, WSU may impose reasonable time, place, and manner restrictions on speech activities to ensure that speech rights are exercised in a manner that respects the rights of others, maintains the safety and order of our campus community, and keeps the university functioning. Time, place, and manner restrictions may include:

• Designated areas for expressive activities
• Limits on the volume of amplified speech
• Regulations regarding the distribution of literature
• Requirements for advance notice or reservation of space for large events
• Registration for events to allow WSU to prepare safety and logistical plans
• Enforcement of residence hall courtesy hours designed to ensure students’ rights to quiet enjoyment of their campus living spaces

For more information, see WAC 504-33 which outlines the requirements, procedures, and limitations for use of university facilities for first amendment/free speech activities.

Individuals who would like to request space for a free speech activity on campus should contact the responsible administrator to request the use of the space. Please review the regulation governing Use of University Property for more information and review the notification requirements in WAC 504-33.

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 WSU’s campus. A fee may be charged for the use of university space and any related security costs.

A list of spaces that can be reserved and relevant information can be found on the following scheduling websites:

• WSU Pullman: Pullman Space and Event Scheduling. Students may also contact the staff in WSU Student Involvement.
• WSU Spokane: Spokane Scheduling
• WSU Tri-Cities: Tri-Cities Scheduling
• WSU Vancouver: Vancouver Scheduling

Some speakers may be controversial and draw large crowds. Angry crowds can be disruptive and can turn violent. Although WSU cannot prevent speech on the grounds that it is likely to provoke a hostile response (which is a prohibited form of prior restraint), WSU can take steps to protect our community. The time, place, and manner restrictions provide for some protective measures to be instituted or considered prior to and during the speech activity. Further, WSU campuses can consider other proactive steps such as:

• Ensuring sufficient campus administrators or security are present
• Communicating alternatives to the event to the campus community
• Communicating safe and civil ways to protest the event
• Limiting duration of events
• Specifying reasonable fire, safety, or other impact-mitigating requirements for the use of a limited public forum
• Engaging in a security assessment

If you have safety concerns about a speech event, don’t hesitate to contact your campus security or police department.

The right to engage in peaceful, nonviolent protest is a part of your free speech rights. WSU expects all who engage in protest activity to do so peacefully and safely. Individuals interested in protesting or engaging in counter-speech may benefit from consulting with campus police or law enforcement, the Center for Community Standards, or Compliance and Civil Rights to ensure their actions do not implicate the university conduct or criminal code. Peaceful protesting and speech is conducted lawfully and may include:

• Marches and demonstrations: Organizing and participating in marches, rallies, and demonstrations to raise awareness about a particular issue or cause. This may include gathering in a public place, holding signs, chanting, and peacefully marching.
• Public assemblies: Holding public meetings, forums, or town halls to discuss a particular issue or cause.
• Boycotts and sit-ins: Organizing boycotts of business, products, or services to protest or advocate for change. Sit-ins can be peaceful and lawful if conducted nonviolently and without causing harm or disruption.
• Artistic and creative expression: Using music, theater, art, writing, and other forms of creative expression to raise awareness on a particular issue.
• Online activism: Utilizing social media or other online platforms to share information, advocate for change, and amplify voices.

Some forms of protesting or speech may not be lawful or may be in violation of the university’s conduct code. Some reminders on how to protest safely include:

• Refrain from violence, vandalism or other unlawful behavior that could endanger public safety or infringe upon the rights of others.
• 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.

Speakers may be subject to hecklers with opposing viewpoints. WSU recognizes the importance of ensuring that all speakers have the opportunity to be heard without disruption. The use of heckling to silence or intimidate speakers (often referred to as a “heckler’s veto”) is antithetical to our values of free expression and academic inquiry. We encourage constructive engagement and debate, rather than attempts to silence opposing voices. Shouting down, heckling, or otherwise disrupting speech to the point that the speaker cannot continue or the audience can no longer listen may result in disciplinary sanctions or even criminal charges.

Should heckling or other disruptive speech impact the ability of a speaker or event from proceeding, the university takes decisive action to protect the rights of all individuals involved while maintaining the safety and order of our campus community. WSU may utilize the below framework should such a situation arise:

• Assessment of the situation: When heckling or other disruption occurs, university officials and/or campus security personnel may assess the situation to determine the nature and severity of the disruption. This assessment includes evaluating the safety and well-being of all individuals involved and considers the impact on the speaker’s ability to proceed.
  • For example, an audience member raises a flag in protest against a speaker. This act is a form of expressive speech, but it does not impact the speaker’s ability to proceed. No action need be taken by the institution.
  • For example, multiple audience members chant loudly and repeatedly, overpowering the speaker’s voice in the auditorium. This form of speech impacts the speaker’s ability to proceed, and WSU will need to take action.
• Communication and de-escalation: University officials may communicate with both the speaker or event organizers and the individuals engaging in disruptive behavior to attempt to de-escalate the situation. This may involve reminding all parties of the university’s commitment to free speech and encouraging respectful dialogue and engagement.
• Protection of free speech rights: While our university respects the right to protest and engage in peaceful dissent, WSU does not tolerate attempts to silence or suppress speech through disruptive or violent means. Steps are taken to protect the free speech rights of speakers, including providing necessary security measures to ensure their safety and the continuation of the event.
• Enforcement of Policies: If attempts to resolve the situation peacefully are unsuccessful and the disruption persists, the university may take enforcement action in accordance with campus policies and regulations. This may include removing individuals engaging in disruptive behavior from the event or campus premises, issuing warnings or sanctions, and, if necessary, involving law enforcement authorities.
• Follow up and Reflection: After the incident, the university may review the event to assess the effectiveness of our response protocols and identify areas for improvement.