Committee Charge

Freedom of speech and other First Amendment rights (for example, assembly and association) are foundational to the pursuit of knowledge and expression of ideas that define universities and colleges. The importance of these rights is reflected in the university's Statement of Rights and Responsibilities, which declares: "The members of the College community, as individuals, shall enjoy all rights, privileges, and immunities guaranteed every citizen of the United States and the commonwealth of Virginia ... Among the basic rights are freedom of expression and belief, freedom of association and peaceful assembly, and freedom from personal force and violence, threats of violence and personal abuse." This core principle is echoed in the Student Handbook.

The importance of free speech and other First Amendment rights is further reflected in the Faculty Handbook (Section III.A):

The College of William and Mary subscribes to the Statement of Principles on Academic Freedom and Tenure, adopted jointly in 1940 and interpreted in 1970 by the Association of American Colleges and by the American Association of University Professors. According to these principles, the purpose of academic freedom is to ensure the "common good" by encouraging the "advancement of truth" via the cultivation of academic inquiry in both research and teaching. To that end, faculty members must be free to conduct research and to publish the results of the research, subject to the adequate performance of their other academic duties and compliance with College policies. Because controversy is often at the heart of academic inquiry, they must also be free to foster open discussion, but with the understanding that they should be careful not to introduce into their teaching controversial matters that have no relation to course content.

These rights are also essential for a healthy democracy. In that regard, it is imperative that universities and colleges help future leaders to understand the values and traditions of the First Amendment.

But freedom of speech and other First Amendment rights are neither absolute nor unproblematic. Our country's history has seen an evolution in how we interpret, value and regulate rights to speak, assemble, publish information, and petition government. Not all communications are protected by the free speech guarantee. Moreover, the Supreme Court has held that First Amendment freedoms can be limited in terms of the time, place and manner of their exercise. Protests, demonstrations, and other forms of collective expression implicate significant safety and other concerns. Finally, in the university context, there are distinctive issues relating to the protection of academic freedom rights.

On campuses across the country, including our own, freedom of expression has given rise to controversies and has clashed with other values. As an academic community, dedicated to free inquiry and expression, we have reached a moment when we should take stock of what freedom of expression means on our campus, why and how we value it, what limits are acceptable, how we conduct our classes, and how we engage with each other as members of this community.

Intimately and importantly interwoven in this discussion are issues of inclusion. Just as we seek to uphold the rights of speakers and assemblies, we must also acknowledge the potential hurt and harm that can come from certain communications, including those that threaten others, constitute harassment, and insult individuals based on their race, ethnicity, sexual orientation, religion, and other characteristics. How do we balance First Amendment rights with the imperative for an inclusive campus? What, if any, changes do we need to make to our current policies? What, if any, changes do we want in terms of practices or norms?

We ask you to think broadly about these issues, canvass the campus community (through forums and/or surveys) and make recommendations for consideration through our established avenues.

More particularly, we ask you to consider the broad categories of (1) Policy & Education - how we are positioned as an institution and a community to promote and support the First Amendment on campus, and (2) Planning & Response - how we address relevant issues before, during, and after a free speech/expressive activity, whether scheduled or spontaneous. The following are suggested areas of inquiry/recommendation for the committee:

Policy & Education

Review the Use of Facilities Policy and scheduling of spaces on campus
Assess the value of developing an explicit "protest" policy
Examine our posting policy as it relates to free speech rights
Consider dual-party consent for recording
Consider an institution-wide approach to Education about First Amendment/Free Speech at W&M - what sustained educational outreach efforts are needed/effective for amplifying both guiding principles and policy?
Research best practices related to the use of "explosive" language in the classroom

Planning & Response

Consider approaches for quickly analyzing the nature of campus activities and acting so as to ensure events occur safely and without disruption (safety/security issues, determining a Point of Contact, funding needs, review of plans, disruption protocols, etc.)
Consider institutional approach to security costs and free speech-related expenses
Discuss a sustainable team/model that can quickly mobilize as free speech events hit our radar

Thank you for taking on this responsibility of participating in this important work, and especially to Dean Thomas and Professor Zick for serving as co-chairs. We would ask that you submit your report, findings and recommendations to us no later than the conclusion of this academic year. Please let us know if you have any questions.

Michael R. Halleran, Provost
Virginia M. Ambler, Vice President for Student Affairs
November 9, 2018