Policies Governing Use of Campus Facilities for Events, Programs and Expressive Activities
Consistent with the university’s mission to “cultivate creative thinkers, principled leaders, and compassionate global citizens equipped for lives of meaning and distinction,” a vibrant and engaged community is essential to fostering open discourse, argumentation, speaking, listening, learning and exploration of ideas.
This page pulls together relevant resources for individuals and for Recognized Student Organizations (RSOs) as a reference guide for using campus facilities to sponsor events and programs and engage in expressive activity.
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1) All events are subject to university uses and to reasonable time, place, and manner restrictions. 2) No activity may impede normal operations, obstruct pedestrian or vehicular traffic, or create unsafe or unsanitary conditions. 3) Public speaking and verbal protests/demonstrations may occur only in outdoor university facilities. 4) Camping on university property is prohibited. 5) No individual may disrupt an invited or permitted speaker or hinder the ability of other attendees to see or hear a speaker. 6) Direct advertising, sales, and commercial solicitation by affiliated and unaffiliated persons are not permitted on university property or in university facilities.
Reserving Space
Recognized Student Organizations (RSOs) should contact Student Unions & Engagement for assistance with planning and/or scheduling your event.
RSOs are not permitted to schedule activities after the last day of classes through the end of the final exam period.
Individual students are only able to reserve spaces that are designed for individual use, such as study or practice rooms.
1) Flyers must clearly display the name of the posting sponsor. 2) Flyers must clearly display the date the flyer is posted. 3) Flyers may be posted only in designated public posting areas. 4) Only one flyer per public posting area for a single posting date. 5) Flyers must be removed at the end of two weeks. 6) NO posting on trees, poles, walls, doors, windows or fences.
1) Chalking is only permitted outdoors on flat, horizontal surfaces (pedestrian sidewalks/walkways) and must be fully exposed so that rain can wash the water-soluble material away naturally. 2) Chalking is not permitted on historic campus or any vertical surfaces (excluding the outdoor classroom at the ISC). 3) Chalking must be at least 30 feet away from the entrance to any building. 4) Chalking must reference sponsoring organization, event, or initiative. 5) Only water-soluble chalk or other water-soluble material may be used.
Noise Restrictions
RSOs and individuals, including unaffiliated persons, wishing to speak publicly or to distribute literature must comply with the amplified sound policy. Here are some key points:
1) Amplification is subject to time, place, and manner restrictions. No activity or event shall be scheduled for an unsuitable location, taking into account considerations of size, accommodations, traffic, noise, time, relationship to nearby area and activities, and other relevant facts and circumstances. 2) Amplification of sound outdoors must end by dusk unless specific written permission has been granted in advance through the appropriate scheduling authority. 3) Amplified music/voices or other sounds originating from within facilities on campus are subject to the same scrutiny as those as outdoor events.
Disruptive Behavior
The Student Code of Conduct provides definitions and a range of consequences for disruptive behavior. Disruptive behavior includes acts that interfere with the living/learning environment in the classroom and residence halls spaces. Examples include, but are not limited to:
blocking entrances, corridors, or exits;
interfering with ongoing educational activities; cultural events; and/or recreational, extracurricular, or athletic programs;
obstructing, disrupting, or attempting by physical force to cancel or discontinue speech by any speaker, or the obstruction of speech by any person intending to see or hear a speaker;
unauthorized presence in a building after normal closing hours or after notice that the building is being closed;
interfering with vehicular or pedestrian traffic;
creating unsanitary conditions;
interfering with any other effort to protect the health and safety of members of the university community or larger public.
Free Speech
The First Amendment of the Constitution states that Congress shall make no law that abridges the freedom of speech. This has been interpreted to mean that all but the most egregious speech is protected by law. In addition, Virginia law (Va. Code Sec. 23.1-401.1) states that no public institution of higher education may abridge the constitutional freedom of any individual to speak on campus.
What is considered speech under the First Amendment?
Most written and verbal communication is “speech.” Verbal statements, written slogans on posters and shirts, online writing, and even lyrics in music are considered speech.
What speech is not protected under the First Amendment?
There are a few limited exceptions to our constitutional Free Speech protections:
Harassment: Speech that creates both a severe and pervasive hostile environment and is also objectively offensive to the average William & Mary student would be deemed illegal harassment and not protected. This is a very high legal threshold.
True Threats: Speech that would cause the listener to believe that an immediate act of violence is about to occur against identifiable persons. Words alone are not enough. The speaker must intend for the listener to believe violence will occur. This is also a very high threshold.
Fighting Words: In-person (not on social media) speech which would make the average William & Mary student feel propelled to violence simply by hearing it. It is not enough to find language disturbing. No court has ever found this exception to be applicable, mostly because we all have self-determination, a choice, and an opportunity to walk away and exercise self-control.
Defamation: Speech about a specific individual that is both untrue and causes injury to reputation.
What about hate speech?
Hateful speech, even speech that is focused on hurtful, pejorative, racialized themes, or which invokes stereotypes and tropes is still protected speech unless it meets the criteria outlined above. Without a doubt, hateful speech often pains and harms others. It can be scary and deeply upsetting. By definition, it is antithetical to our mission and values – and yet it is constitutionally protected speech.
When does protected speech cross the line into something actionable?
The university has established content-neutral restrictions on the time, place and manner where speech can occur. For example, speech that disrupts class schedules or the operation of campus events and activities is prohibited. In addition, speech outside of buildings is treated differently than such speech inside buildings.
Likewise, speech directed toward particular individuals, especially speech attempting to compel certain outcomes, can quickly escalate from an expressive activity into an interpersonal conflict. Speech that includes conduct which violates university policies will be addressed accordingly.
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