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3.2 Free Speech on Campus

Responsible Position

Vice President of Academic and Student Affairs

POLICY STATEMENT

Purpose

Alexandria Technical and Community College (ATCC) is committed to fostering an environment where freedom of expression, inquiry, and assembly are respected and protected. This policy affirms the rights of students, employees, and visitors to engage in lawful, expressive activities. ATCC generally operates as a limited public forum, allowing the institution to enforce reasonable, contentneutral restrictions on expressive activity while protecting First Amendment rights.

Scope

This policy applies to all members of the ATCC community, including students, employees, and visitors, and governs expressive activities on campus grounds and digital platforms.

Definitions

Business Days
Days the college is in session/open.

Content-Neutral
Refers to laws or regulations that restrict speech without regard to its message, subject matter, or viewpoint, focusing instead on the time, place, and manner of the expression, like noise levels or sign size.

Defamation
The action of damaging the good reputation of someone; slander or libel.

Expressive Activity
Speech, protests, assemblies, literature distribution, petitioning, signs, symbolic expression, and other forms of nonverbal communication.

Free Speech

ATCC upholds the right to free speech and academic freedom as protected by the First Amendment of the U.S. Constitution, Minnesota State Board Policies, and ATCC Policies. Expressive activities may include, but are not limited to:

Oral and written communication
Peaceful protests and demonstrations
Distribution of literature
Artistic performances
Digital and social media expression

Digital and Online Expression

ATCC recognizes that expressive activity also occurs on digital platforms. This policy applies to online expression when it takes place on college managed systems, including official ATCC websites, social media accounts, learning management systems, and email services. These platforms operate as limited or nonpublic forums, and the college may apply content neutral rules necessary to maintain safety, accessibility, and institutional operations.

The college may moderate posts or remove digital content that violates law or policy, including true threats, discriminatory harassment as defined in ATCC Policy 1B.1, defamation, unlawful disclosure of confidential information, or commercial solicitation. Moderation decisions will not be based on viewpoint or disagreement with the expressed opinion.

Online expression by students or employees on personal accounts, using personal devices and networks, is generally protected under the First Amendment. However, such expression may be subject to other applicable policies when it involves unlawful conduct, discriminatory harassment, or claims to represent the college without authorization.

Process

ATCC has identified a free speech zone as indicated on the free speech zone map. Individuals and/or groups wishing to use the free speech zone are requested to notify the ATCC Campus Scheduler (facilityreservations@alextech.edu) at least three business days in advance of the desired date of use of the free speech zone. Notification is requested to help the college coordinate space usage, but lack of notification will not result in removal from campus unless the activity violates time, place, and manner guidelines or disrupts operations.

Spontaneous Events

Spontaneous expressive activities are permitted throughout outdoor campus spaces as long as they comply with applicable time, place, and manner guidelines. Lack of advance notice will not, by itself, result in the restriction or removal of expressive activity unless the activity disrupts college operations, creates a safety concern, or violates college policy.

Time, Place, and Manner Guidelines

To maintain campus safety and operations, ATCC may enforce reasonable restrictions on the time, place, and manner of expressive activities. For example, use of the free speech zone must include the presence of individuals representing the perspective shared as opposed to simply displaying unattended materials. The outdoor free speech zone will generally remain available for expressive activity outside business hours as long as such activities do not disrupt college operations or create safety concerns.

Additional restrictions imposed will be:

Content-neutral: applied similarly to everyone
Narrowly tailored to serve a significant institutional interest: such as restrictions to preserve safety, prevent disruption, or keep the campus accessible
Leave open alternative channels for communication: if one method of expression is limited, other ways to share the message will be offered.

Examples include:

Reserving indoor spaces for organized events
Limiting amplified sound during instructional hours (cannot be heard inside academic buildings during class hours)
Ensuring pedestrian and vehicular access is not obstructed
Offering an alternative space if the free speech zone is not a good option for a particular event

Unprotected Speech

The following types of speech are not protected under this policy:

True threats or incitement to imminent lawless action
Harassment or discriminatory conduct as defined by ATCC Policy 1B.1
Clothing containing discriminatory harassment as defined by ATCC Policy 1B.1
Defamation
Obscenity as defined by law

Academic Freedom

Faculty and students are entitled to academic freedom in teaching, learning, and research. This includes the right to explore controversial topics and express dissenting views within the bounds of professional standards and institutional policies.

Responsibilities of Speakers and Observers

Speakers may not block building access.
Observers may not materially disrupt a lawful expressive activity.

Enforcement

ATCC will enforce this policy in a manner that is contentneutral and consistent with the First Amendment and Minnesota State Board Policies. Expressive activities will not be restricted or stopped based on viewpoint.

College administrators or designated staff may intervene when expressive activity:

Substantially disrupts normal college operations or authorized activities
Interferes with access to buildings, walkways, or services
Creates a safety risk to participants or others
Violates college policies such as 1B.1 Equal Opportunity and Nondiscrimination, 1C.0.1 Employee Code of Conduct, or 3.6 Student Conduct
Includes unprotected speech, such as true threats, incitement, or harassment

When concerns arise, the college will first seek to restore compliance by providing clear instructions or offering an alternative location or method of expression. If an individual or group refuses to comply with reasonable directives, the college may take appropriate action under applicable student, employee, or visitor conduct procedures. Law enforcement may be contacted as needed.

Nothing in this policy shall be interpreted to limit lawful expression, peaceful demonstrations, or spontaneous events that do not interfere with college operations or safety.

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