The University of Utah reaffirmed its commitment to protecting free speech and academic freedom on campus, noting that the institution is dedicated to affording all community members protections for expression, assembly, and religion under the U.S. and Utah constitutions. This commitment remains central to the university's mission, even when the ideas being discussed are considered controversial or unpopular.
Limits on Protected Speech
Under current university regulations, the institution maintains that it is not the role of the university to attempt to shield individuals from ideas or opinions they may find unwelcome, disagreeable, or deeply offensive. While the university values civility and mutual respect, it has stated that concerns regarding civility are not a sufficient justification for closing discussions of ideas, regardless of how offensive those ideas may be.
However, the university's protection of speech is not absolute. According to the Office of the Dean of Students, the First Amendment does not protect speech that constitutes a direct physical threat, is obscene, incites to violence, or falsely defames a specific individual. Additionally, conduct that involves substantial disorder, invades the rights of others, or materially disrupts classwork is subject to disciplinary action.
In classroom settings, the university recognizes the discussion of all views relevant to a subject matter as necessary to the educational process. While students have no right to impinge on the freedom of instructors to teach or the right of other students to learn, instructors may dismiss a student from class if the student persists in behaving disruptively after being informed of the unacceptability of their conduct. In such cases, the instructor must notify the Dean of Students so the student can be informed of their right to appeal the dismissal.
Student Organization Classifications
The University of Utah distinguishes between different types of student organizations to clarify the level of university involvement and support. There are three distinct categories of recognized student groups: registered, affiliated, and sponsored.
Registered student groups can be formed by any group of three current students. While they are encouraged to have an advisor, they are not a part of the university and are prohibited from using university trademarks. Affiliated student groups, which include sports clubs, fraternities, and sororities, also are not part of the university but may use university marks with specific permission following an assessment by risk managers and the Office of General Counsel.
Sponsored student groups are considered university entities. These groups are sponsored by a specific college, department, or unit of the university, may use university marks, and are required to have an advisor. Their financial accounts are managed through the university, and they may contract on behalf of the institution through established university procedures.
Hate Speech and Criminal Acts
University policy also addresses the concept of hate speech, noting that the term is not defined by law and does not exist as a specific exception to the First Amendment. Consequently, speech that is deemed hateful or offensive remains protected by the First Amendment unless it falls into prohibited categories such as criminal threats, direct incitement to violence, obscenity, or defamation.
In contrast to protected speech, federal law identifies certain acts motivated by hate as hate crimes. This includes criminal acts such as assault, murder, arson, vandalism, or threats to commit such crimes when motivated by race, color, religion, national origin, sexual orientation, gender, gender identity, or disability.
Legal scholars cited by the university suggest that the most effective response to offensive speech is not to limit it, but to encourage more speech. This principle, often associated with Justice Louis Brandeis and the American Civil Liberties Union, emphasizes that exposing falsehoods through discussion and education is the preferred remedy over enforced silence.
Regulations and Campus Safety
To ensure campus operations are not disrupted, the university may reasonably regulate the time, place, and manner of expression on campus property and through communication systems. These regulations apply to all members of the university community, including students, faculty, staff, administrators, volunteers, and non-affiliated members of the public.
The University of Utah's policies are intended to protect the free exchange of ideas and ensure that the academic community is protected from interference with a speaker's presentation through acts of disruption. The university emphasizes that by regulating the exercise of free speech, it does not necessarily sponsor or sanction the specific messages being stated or the methods of speech being used.
Safety and Public Order
The Department of Public Safety has noted that police presence at demonstrations is intended for the purpose of protecting public safety. The department advises that if individuals are approached by police and informed they are under arrest, they should not resist, as resisting arrest is a separate criminal charge that can lead to the use of reasonable force and increased risk of injury.
Individuals observing an arrest are within their rights to record the event, provided they do not interfere with the arresting officers. To help minimize the need for force and avoid arrests, the university suggests that student group leadership designate mediators to establish open lines of communication with the police.
