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Freedom of Speech

At Tidewater Community College, the free exchange of ideas, diversity of expression and freedom of inquiry are respected and sustained. TCC is committed to supporting the exercise of constitutionally protected expression in our facilities and on our property while maintaining the safe, effective and efficient operation of the college.

TCC has established policies governing the use of its facilities and property in order to focus on its mission, create a safe environment and maintain its campuses and centers. [See Policy 1106: Expressive Activity and Policy 3204: Use of College Facilities by External Entities]

The use of college facilities and property must

  • not interfere with the safe, effective and efficient conduct of the college’s academic and business functions;
  • not interfere with the rights of other individuals; and
  • be safe for participants and not generate security issues.

REPORT AN INCIDENT

You may report an incident of disruption of constitutionally protected speech (including, but not limited to distribution of literature or public speaking under the College’s Expressive Activity policy) in the following ways:

  • Make a report to a campus security officer.
  • Complete an Incident Report Form here. 
  • Report by phone to the college’s Director of Public Safety: 757-822-1783

For public safety incidents that require an emergency response, dial 911.

Reported incidents of disrupted protected speech will be linked from this page.

 POLICY ON EXPRESSIVE ACTIVITY 

Frequently Asked Questions for Students 

1. What is expressive activity?1 

Expressive activities are speech-related activities, including: 

  • meetings; 
  • other group events or activities by student organizations or their invited guests; 
  • speeches; 
  • performances; 
  • demonstrations; 
  • rallies; 
  • vigils; 
  • distributions of literature; and 
  • any other activity protected by the First Amendment. 

1 The words “speech” and “expressive activity” may be used interchangeably. 

2. What kind of speech is protected by the First Amendment? 

The U.S. Constitution protects most speech, with very limited exceptions. In outdoor spaces, the college may place reasonable limits only on the time, place, and, manner of your expressive activity, and those limits must not depend on the content or viewpoint of the expressive activity. In addition, for outdoor areas, students, student organizations, and their guests are not required to give notice before engaging in expressive activity. In other words, students, student organizations, employees, and guests may engage in spontaneous expressive activities as long as they do not engage in any of the conduct listed in Number 3 below. (There may be exceptions to this general rule; for example, your college may have an outdoor facility that requires a reservation to use.) 

Indoors, colleges may place restrictions on expressive activities, as long as any rules apply to everyone equally and are not based on the content or viewpoint of the speech. The college may determine that certain indoor facilities are not available for expressive activity. Common examples of such areas include: (1) administrative offices, (2) libraries, (3) hallways, and (4) classrooms during instructional hours. 

3. What kind of actions related to protected speech can be regulated? 

Most speech is protected by the Constitution, but sometimes, the actions that a speaker takes during an expressive activity are disruptive enough to allow a college to intervene, regardless of what is actually being expressed. For outdoor facilities and areas, students, student organizations, and their guests may freely engage in expressive activity as long as they do not also engage in any of the following: 

  • block access to campus buildings or otherwise interfere with the learning or work environment; 
  • obstruct traffic (vehicles or pedestrians); 
  • construct or occupy camping tents; 
  • disrupt or physically interfere with the speech by any speaker or the observation thereof;
  • create unsanitary conditions;
  • remain on campus after the college or campus is closed;
  • substantially disrupt college operations or violate or hinder the rights of others; 
  • break the law; or 
  • create a threat to public safety, according to the college’s police or security department. 

Additionally, the First Amendment does not protect speech that is designed to incite or produce imminent lawless action, and that is likely to incite or produce such action. Other types of unprotected speech include true threats and harassment in limited circumstances. A true threat is a serious expression of an intent to commit an act of unlawful violence against a particular individual or group of individuals. Unprotected harassment is behavior that is so severe, pervasive, and objectively offensive that it hinders the student’s access to an educational opportunity or benefit.

4. How can someone reserve campus facilities for speech activities? 

Request submission 

Contact Campus Dean to reserve campus facilities. Spaces are reserved on a first-come-first served basis. The college can state in advance that certain spaces cannot be reserved for speech activities. Common examples include libraries, offices, hallways, and classrooms during instructional hours. Any other restrictions on expressive activities that occur in indoor facilities must apply equally to everyone and not depend on the content or viewpoint of the expression, or the possible reaction to the expression. 

Timing 

Colleges usually cannot require more than 24-hour advance notice unless the event requires additional planning to ensure safety and sufficient logistical support. You are encouraged to request the facility as soon as possible. 

Denials 

When assessing a request to reserve a facility, the college must not consider the content (unless the facility is used only for certain purposes, for example, only for the college’s administration use) or viewpoint of the expressive activity, or the possible reaction to the expressive activity. If a facility or space is generally available to be reserved, the college can refuse a reservation by a student, student organization, or employee only for the following reasons: 

  • The venue is an indoor facility that has been designated as unavailable for reservation. 
  • The venue is an indoor facility and the request is in conflict with any restrictions the college has placed on the facility. For example, a restriction could be that the indoor facility is unavailable on the weekends. 
  • The venue has been reserved already at the time requested. 
  • The size of the anticipated crowd is too large for the space. 
  • The activity would substantially disrupt another event occurring in close proximity. 
  • The activity would substantially disrupt college operations. 
  • The activity is a clear and present threat to campus safety, according to police or security. 
  • The activity occurs during college exam periods. 
  • The activity is against the law. 

Responsibility for the space 

Anyone who reserves a facility or space is responsible for maintaining the space and will be responsible for any damages, cleaning costs, or other costs. 

5. Is the college required to have indoor areas available for spontaneous expressive activities? 

No. The college is not required to have an indoor area designated for spontaneous speech activities. However, if it chooses to create one or more, college officials must post that the area is available for students, student organizations, employees and their guests to engage in expressive activities. The area must be available for all students, student organizations, employees, and guests equally, and not depend on the content or viewpoint of the expression or the possible reaction to it. 

6. What do I do if someone or a group tries to disrupt my, my organization’s or invited guest’s speech? 

To report a disruption of protected speech, you can make a report to a campus security officer or report the incident by phone to the college’s Director of Public Safety at 757-822-1783. In cases of emergency, please call 911. 

7. I have additional questions. 

Please contact the Dean of Student Life and Conduct/Chesapeake Campus Dean at 757-822-5200 for more information. 

Frequently Asked Questions for Administrators 

1. What is included in the definitions of speech and other expressive activity?1

The term “expressive activity” includes:

  • Meetings and other group activities of students and student organizations;
  • Speeches, performances, demonstrations, rallies, vigils, and other events;
  • Distributions of literature, such as leafleting and pamphleting; and
  • Any other expression protected by the First Amendment to the U.S. Constitution. 

2. What kind of speech is protected by the First Amendment?

The U.S. Constitution protects most speech, with very limited exceptions. Protected speech can be profane, vulgar, offensive, inappropriate, or uncivil. Therefore, a public college cannot ban speech just because it is against the college’s ideals or preferences. 

Outdoor spaces are venues for free expression by students and student organizations. In outdoor spaces, students, student organizations, and their guests are not required to give notice before engaging in expressive activity. Colleges may, however, place reasonable time, place, and manner restrictions on such speech, but the restrictions must be content-neutral, narrowly tailored to serve a significant governmental interest, and allow ample alternative channels for communication.

Similar protections apply to certain indoor venues, such as auditoriums, when those areas are used by students, student organizations, or employees in the manner in which they have been established. In these places, colleges may restrict speech if such restrictions apply equally to everyone and are content and viewpoint neutral. College administrators may not restrict speech just because the speech or speaker is unpopular or unpleasant. Restrictions should not be based on the possible reaction to such speech. Certain indoor places, such as administrative offices, hallways, libraries, and classrooms may be designated as areas that are not available for expressive activity.

3. When may a college interrupt outdoor spontaneous expressive activity?

The best practice is to assume that speech is protected and may not be limited or stopped as long as the speaker does not engage in any of the following conduct:

  • block access to campus buildings or otherwise interfere with the learning or work
  • environment;
  • obstruct traffic (vehicles or pedestrians);
  • construct or occupy camping tents;
  • substantially disrupt previously scheduled campus events;
  • disrupt or physically interfere with the speech by any speaker or the observation thereof;
  • create unsanitary conditions;
  • remain on campus after the college or campus is closed;
  • substantially disrupt college operations or violate or hinder the rights of others;
  • break the law; or
  • create a threat to public safety, according to the college’s police or security department.

Additionally, the First Amendment does not protect speech that is designed to incite or produce imminent lawless action or that is likely to incite or produce such action. Other types of unprotected speech include true threats and harassment in limited circumstances. A true threat is a serious expression of an intent to commit an act of unlawful violence against a particular individual or group of individuals. Unprotected harassment is behavior that is so severe, pervasive, and objectively offensive that it hinders the student’s access to an educational opportunity or benefit.

4. What is the procedure for allowing students or employees to reserve campus facilities for expressive activity?

a. Request submission

The college can state, in advance, that certain spaces cannot be reserved for speech activities. Common examples include libraries, offices, and classrooms during instructional hours. Any other restrictions on expressive activities that occur in indoor facilities must apply equally to everyone and not depend on the content or viewpoint of the expression, or the possible reaction to the expression. The college should list which spaces it has designated as unavailable for expressive activity. For facilities that can be reserved, students, student organizations, and employees should submit requests to reserve the space to the Campus Dean. Spaces are reserved on a first-come-first served basis.

b. Timing

Colleges usually cannot require more than 24-hour advance notice unless the event requires advanced planning to ensure campus safety or sufficient logistical support. Colleges may encourage members of the campus community to submit requests as soon as possible. Spaces should be reserved on a first-come-first served basis.

c. Denials

When assessing a request for a facility that is available to reserve for expressive activity, administrators must not consider the content, viewpoint, or possible reaction to the content or viewpoint of the speaker. Any reasons for denial must be content neutral. Students and student organizations cannot be denied access because ideas may be considered offensive, even to a large portion of a college’s students and faculty.

The college can deny an expressive activity request for the following reasons:

The venue is an indoor facility that has been designated as unavailable for expressive

activity.

  • The venue is an indoor facility, and the request is in conflict with any restrictions the
  • college has placed on the facility. For example, a restriction could be that the indoor facility
  • is unavailable on the weekends, or the college has limited the facility for certain uses.
  • The venue has been reserved already at the time requested.
  • The size of the anticipated crowd is too large for the space.
  • The activity would substantially disrupt another event occurring in close proximity.
  • The activity would substantially disrupt college operations.
  • The activity is a clear and present threat to campus safety.
  • The activity occurs during college exam periods.
  • The activity is against the law. 

d. Responsibility for the space

Colleges should inform students, student organizations, and employees that they are responsible for maintaining the facility and will be responsible for clean-up and any damage to the facility.

e. Fees

If the college imposes an associated fee for use, clean-up, equipment, security, etc., the rules must apply equally and not be based on content or viewpoint. Policies concerning security fees must be content and viewpoint neutral and cannot be based on an anticipated reaction to the expressive activity. Whatever the college decides, any security (or other) fee provision should have objective standards for calculation.

5. What if a person or organization wants to reserve campus space and is not a student or employee?

The college can set some limits by requiring outside speakers to be sponsored by the college itself or by a student or recognized student organization. The college also may restrict the areas on campus where outside speakers may speak and require pre-registration for speech activities on a first-come, first serve basis. However, these limits must apply equally to all outside speakers. Please contact the Office of System Counsel if you have additional questions. 

If the college rents facilities to the general public, the individuals or groups who rent the facility need not be sponsored by the college or student organization. The expressive activity policy does not apply in such cases.

6. Is the college required to have indoor areas available for spontaneous expressive activities?

No. The college is not required to have any indoor areas designated for spontaneous speech activities. However, if the college chooses to create one (or more) indoor areas for expressive activity, college officials must post that the area is available for students, student organizations, and guests of student organizations for such use. Such an area must be available for all students and student organizations, regardless of the expression content or viewpoint or the possible reaction to that expression.

7. What action(s) should the college take if it receives a report of a disruption of protected speech?

Certainly, if there are safety concerns, call security or law enforcement. Whenever possible, the

college should take steps to safely stop the disruption and allow the expressive activity to continue. Otherwise, please contact the Office of System Counsel for guidance at (804) 819-4432.

Expressive Activity Report