Freedom of Speech

Our SUNY Plattsburgh community values:

• Diverse people, experiences, and ideas
• Critical inquiry
• Community and civic engagement
• Integrity, civility, and collegiality
• Freedom to speak, think, and write

Is controversial speech legal?
Yes. The constitutional rights of free speech and free expression, as set forth in the First Amendment to the United States Constitution, affirms, with few exceptions, the lawfulness of individuals’ and groups’ right to communicate virtually any idea regardless of how widely shared or accepted by others it may be.

Can the college restrict speech on campus?
Yes. However, any restriction must be content-neutral and narrowly tailored to serve a significant government interest. In general, this means that the college can determine the time, place and manner of speech so as to ensure minimal interference with the operation of the college, its provision of services, and people’s access to it.

Can the college restrict speech because it is controversial?
No. College policy may not supersede the Constitution. Moreover, restricting any individual’s or group’s speech solely on the basis of it being upsetting, or even demonstrably wrong, jeopardizes everyone’s rights. The laws that ensure free speech for neo-Nazis also protect the rights of anti-war protesters, civil rights workers, LGBTQ+ activists, and others fighting for peace, justice, fairness and equality.

What is the college’s official position on controversial speech?
The college has a legal, and indeed a moral, obligation to ensure that it protects the free exchange of ideas. The principles of academic freedom demand that all ideas are given a fair opportunity to rise or fall on their own merit; only then can we have any confidence in our own opinions and beliefs. For this reason, the college will remain a neutral venue and provide the same level of safety and respect to all speakers.

What is the college’s response to bigoted or offensive speech?
SUNY Plattsburgh strives to ensure a safe environment for all constitutionally-protected speech, regardless of its content, and encourages college community members to fully understand their right to free speech under the First Amendment. The college also supports forums and symposia on controversial topics where they can be discussed and debated in an intellectually-stimulating and productive manner.

How should I respond to controversial speech?
Academic freedom and freedom of speech are hard to take sometimes; it is difficult to see and hear things that challenge your personal beliefs and offend the things that you cherish. But if academic freedom and freedom of speech are to mean anything, they mean that critics cannot silence that with which they disagree — however strongly they may disagree. You, alone or as part of a group, have the right to respond to a controversial speaker with protected speech of your own. This includes — but is not limited to — organizing alternative events, circulating literature, displaying signs, and singing. However, you may not threaten a speaker or commit any violent act against a speaker. Nor may you participate in the creation of a situation in which the speaker cannot be heard. You also have the right to ignore a controversial speaker — which is sometimes the best way to show your disagreement with their message and deny them the attention they are often seeking.

• SUNY Board of Trustees Rules for Maintenance of Order on Campus Policy
• Faculty Rules for Maintenance of Order on Campus Policy
• Regulations and Procedures Governing Disruptive Activities of Students on Campus and Maintenance of Order Policy
• SUNY Plattsburgh’s Use of Facilities by Third Parties for Free Speech Policy
• Use of Campus Facilities by Third Party Policy
• SUNY Policy on the Use of Facilities by Non-Commercial Organizations
• The Student Conduct Manual
• Diversity Incident (Bias and Hate crime) Policy
• Sexual Harassment & Sexual Violence Policy
• Interpersonal Violence Policy (Intimate Partner Violence and Stalking Policy/Domestic Violence, Dating Violence)
• Discrimination or Harassment Policy

The Center for Diversity, Equity and Inclusion offers a range of in-person and virtual series centered on creating supportive spaces, activities, workshops and dialogues focused on social justice and anti-oppression work, wellness and the arts to engage and support one another.

Visit the Center for Diversity, Equity & Inclusion to learn more