Free Expression
3D.07 USE OF UNIVERSITY PROPERTY FOR FREE EXPRESSION ACTIVITIES (revised by Facilities Council; approved by President 5/24/06; updated 2/09; updated 6/10; revised by Facilities Council; approved by President 3/19/2012; approved by President 9/30/2014; approved by President 8/6/2018)
As a state educational institution of Kansas, the buildings, facilities and grounds of the University are dedicated to education and the fulfillment of the University's approved mission to provide high quality instruction and make original contributions to the knowledge and human understanding of its students. Emporia State University recognizes and supports the rights of individuals and groups to engage in free expression. These time, place, and manner regulations are intended to balance the University’s responsibility to fulfill its mission as a state educational institution of Kansas with the interests of constitutionally protected speech, assembly, and expression.
The United States and Kansas Constitutions guarantee all individuals the right to the freedom of expression, including but not limited to: informational picketing, petition circulation, distribution of information leaflets or pamphlets, speech-making, demonstrations, rallies, appearances of speakers in outdoor areas, mass protests, meetings to display group feelings or sentiments and/or other types of constitutionally protected assemblies to share information, perspective or viewpoints.
3D.0701 FREE EXPRESSION ACTIVITIES POLICY
1. As used in this policy the following terms shall be defined as:
a. Individuals – groups of 10 or fewer
b. Groups – groups of 11 or more
2. Use of Campus.
Individuals and groups may use the campus for activities guaranteed by the First Amendment of the U.S. Constitution subject to the regulations and requirements of the current University Policy Manual.
3. Scheduling.
In order to ensure that a free expression zone is available at a time when individuals or groups desire, Emporia State University affiliated or not, the scheduling procedures identified in this policy shall be followed.
a. Individuals
• The scheduled use of a free expression zone supersedes any unscheduled use of that location. • Subject to reasonable time, place, and manner restrictions, individuals may make use of a free expression zone, or other public area, when otherwise not in use or scheduled. b. Groups
• Each group’s event will be scheduled on a first-come, first served basis, with priority, in the case of a scheduling conflict, being given to University sponsored events. • In order to make sure a particular time and/or location is not monopolized, all events, whether or not sponsored by a University group, must be scheduled one at a time.
4. Location
a. No free expression activities may occur inside any University building, arena, or stadium.
b. The event shall not obstruct access in or out of University facilities and will remain a minimum of 30 feet from all University building or stadium entrances, except in the Free Expression Zone identified as Union Square.
c. Individuals may spontaneously gather to engage in non-disruptive expression on all traditionally public areas such as lawns, quads, and green spaces.
d. Groups must provide a Notification of Intent Form to the University’s Conference & Scheduling Office (Memorial Union) no later than 72 hours prior to the event. The Notification of Intent form must include all of the following information:
• Name, address, and telephone number of primary contact, group, entity, or organization; • Date and time of event; • Indicate Free Expression Zone location (map available upon request): < Union Square < Phipps Sunken Garden < Open quad between Beach Music Hall, King Hall, Memorial Union, and Roosevelt Hall • Nature and purpose of the event; • Type of sound amplification devices to be used (if any); • Estimated number of people expected.
e. The use of amplification devices is limited to Free Expression Zones. In all cases, the volume of any amplification device may not be so loud that it disrupts or disturbs the normal use of University facilities or events (i.e., classroom, laboratories, assembly areas, stadiums, offices, etc.).
5. Restrictions and Obligations
a. Signs no larger than 3' x 5' are permitted.
b. One sign per person
c. The event shall not last longer than 4 hours and shall be scheduled between the hours of 8:00 a.m. and 9:00 p..m.
d. Written and/or oral views may be expressed as long as they are not obscene, libelous, or advocating unlawful conduct.
e. Leaflets shall not be placed on vehicles or left unattended due to the creation of excessive trash.
f. The University campus and grounds shall be cleaned up and left in its original condition and may be subject to inspection by a University Facility manager. Reasonable charges may be assessed against the sponsoring party and/or responsible contact for the costs of extraordinary clean-up or for repair of damaged property.
g. All life safety and sanitation regulations applicable o the event must be addressed and in compliance.
h. All temporary utilities, sanitation, and accessibility requirements are the responsibility of the sponsoring party. The University will not provide these items.
i. The event shall not obstruct vehicular, pedestrian, or other traffic.
j. The event shall not obstruct access in or out of University facilities and will remain a minimum of 30 feet from all University building and stadium entrances, except in the Free Expression Zone identified as Union Square.
k. The event shall not create safety hazards to participants, students, employees, or guests of the University.
l. The event shall not infringe on the rights and privileges of students, employee, and guests of the University.
m. The event must be in compliance and in accordance with applicable University policies and regulations, Kansas Board of Regents policies and regulations, local laws and regulations, and/or state or federal statutes and laws.
n. Any person and/or organization found to be non-compliant with this policy, by either the Director of the Memorial Union and/or the Director of University Facilities, is subject to an order from the University Policy & Safety Department to leave the campus. Person(s) failing to comply with this order are subject to arrest for criminal trespass.
6. Presidential Authorization
a. The Emporia State University President (or designee) may authorize free expression activities which are reasonably determined not to cause disruption of the University mission or activities despite a literal violation of this policy. Such determination will be made without consideration of the content or message of the free expression activities.
b. The Emporia State University President (or designee) may prohibit, cancel or terminate an event if, after a proper inquiry, it is determined the event constitutes a clear or potential danger to the University’s normal and orderly operations.