Know Your Rights: Students' Free Speech on Campus

The First Amendment limits what the government can do, and protects students’ right to speak out on a public university campus.

Through the First Amendment does not govern what a university can do on a private campus, as a matter of principle, all institutions of higher learning should support students’ free expression.

At both public and private universities, federal law prohibits schools that receive federal funds from discriminating against students on the basis of protected characteristics, such as race, national origin, and sex.

Some states have laws or court decisions governing how private universities, which are not subject to the First Amendment, can regulate student expression and/or the process for disciplining students

What Are My Free Speech Rights on My Campus if I Attend a Public University?

  • The First Amendment protects the rights of students in public colleges and universities to express their opinions, even if others disagree with the views expressed or the form of expression.
     
  • The First Amendment protects many forms of expression, including spoken and written words, symbolic clothing, passing out flyers, and picketing under certain circumstances.
     
  • Public areas of campus like streets, sidewalks, and parks should be treated like “traditional public forums,” meaning restrictions cannot discriminate based on the message being expressed by protesters and must be sufficiently tied to a significant government interest.
     
  • Public institutions do have the authority to reasonably regulate the time, place, and manner in which demonstrations can take place, as long as they leave ample other avenues for expression. For instance, school officials might adopt a rule that demonstrations can only take place outdoors between the hours of 8am—10pm, or that demonstrations cannot block entrances to buildings or obstruct traffic.
     
  • Universities have greater authority to penalize students who stage protests in areas where access is restricted to certain people or for certain purposes.
     
  • Students must comply with any applicable laws or university conduct codes—however, universities cannot apply those rules differently based on the message being expressed
     

  • Public institutions can restrict:

    • Incitement, or speech that intentionally calls for and is likely to cause immediate, lawless action

    • True threats of violence

    • Harassment of other students

    • Conduct that substantially disrupts the functioning of the campus

What Are My Free Speech Rights on My Campus if I Attend a Private University?

  • Because private colleges and universities are not subject to the First Amendment, they can generally discipline students for their speech if it violates the school’s established rules, guidelines, or code of conduct." and a red ACLU logo in the bottom right corner.
     
  • Depending on what state you’re in, state laws and court opinions may offer protection for student speech. Most private institutions also have policies or contracts with staff or students that guarantee some level of free speech.