Freedom of Speech and Expressive Activities

At the University, our mission is to educate students to be thoughtful, engaged citizens of the world. SUNY and University policies provide strong protection for peaceful expressions like picketing and demonstrations in public areas on campus.

If you choose to exercise your First Amendment rights, we're here to support you in a way that:

• Ensures the safety of everyone on campus, including those participating in demonstrations.
• Protects everyone’s right to free speech.
• Minimizes disruptions to university activities and prevents damage to property.

In order to support you, we encourage all students and employees to use the UAlbany Community Led Expressive Activity form to notify us of any planned expressive activities.

The University’s FAST consists of individuals from Student Activities, Dean of Students, the Office of Diversity and Inclusion, Enterprise Risk Management, General Counsel, Communications and University Police. The team’s goal is to ensure that all our students are supported in their ability to express their views and opinions.

The Expressive Activities Plan provides further information on UAlbany's commitment to upholding free speech while maintaining a safe and inclusive environment. As a public university, UAlbany must provide a platform for free expression, even for controversial views. It is also important to ensuring that such expression does not disrupt the university's academic mission, threaten safety or infringe on the rights of others. In the plan you will find detailed information regarding the procedures employed by the University to support student expressive activities as well as a description of the roles and responsibilities of the student organizers and participants of expressive activities, the First Amendment Support Team (FAST), University Police and other stakeholders. It highlights the importance of clear communication, transparent decision-making and the need for demonstrators to adhere to university policies.

Please keep these University policies in mind to help us preserve an environment where education and free expression can thrive together.

• 1st Amendment – Freedom of Expression
• Rules for the Maintenance of Public Order
• Camping
• Chalking
• Events: Prohibited Items
• Exterior Posting: Flyers & Posting
• Photography, Filming & Videography
• Weapons
• Student Code of Conduct
• Amplified Sound

Students cannot engage in Disruptive Behaviors as outlined in section IA Prohibited Conduct of the Rules for the Maintenance of Public Order.  

Disruptive Behaviors may include but are not limited to:  

• Actions or activities that pose a threat to the health and safety of any members of the university community.
• Preventing freedom of movement by blocking entrances, passive egress or impeding pedestrian/vehicular traffic.
• Unwanted physical contact of any variety.
• Blocking the vision of others in a way that substantially interferes with an event (examples: a poster, a prop, a person’s body).
• Moving, altering, or otherwise disturbing physical structures on campus or the physical appearance of the campus.
• Wearing costume masks or other items with the intention of interfering with personal identification.
• Producing noise that unreasonably interferes with normal campus activities or a pre-scheduled event.  
• Directing a laser pointer at a person.
• Turning off lights in a room where an event is taking place.

Non-Disruptive Behaviors may include but are not limited to:

• Holding small signs that do not block anyone’s sight and are not mounted on sticks.  
• Props, costumes or other items that do not block anyone’s view or ability to hear.  
• Engaging with a speaker if the speaker chooses to be engaged, understanding that the speaker can decide to stop engaging at any point.  
• Brief expressions or reactions that do not prevent the event from continuing.
• Marching in a way that does not block traffic or normal movement of people around the campus. 

At the University at Albany, students are responsible for ensuring that any individuals or groups they invite onto campus adhere to the University's policies and respect the campus community. Students and their guests are expected to avoid actions that disrupt University activities, such as teaching, research, administration, disciplinary proceedings or other official functions.

Disruptions include, but are not limited to:

• Participation in or leading campus demonstrations that interfere with the operations of the University or infringe upon the rights of others within the campus community.
• Inciting others to disrupt scheduled or routine activities in any campus building or area.
• Obstructing or interfering with the free movement of people or vehicles on campus in an unreasonable manner.

In accordance with the SUNY policy Rules for the Maintenance of Public Order, University policies and Community Rights and Responsibilities, students can be held accountable for encouraging their guests to cause disruptions to normal campus operations and will be held accountable for their own actions. 

The University at Albany is committed to unfettered academic freedom for its faculty and staff and encourages our community members to be knowledgeable about and supportive of freedom of speech. Furthermore, as an institution of higher learning, we foster an environment where our faculty, staff and students can and do engage in thoughtful civil discourse.

University employees, including all faculty and staff, are subject to a variety of laws and regulations regarding speech and expression including, but not limited to, New York ethics laws, Rules for the Maintenance of Public Order (8 N.Y.C.R.R. § 535), the SUNY Policies of the Board of Trustees, SUNY and University policies, collective bargaining agreements, and state and federal laws. It is the policy of the University to maintain and encourage full freedom, within the law, of inquiry, teaching and research. In the exercise of this freedom, faculty and staff may, without limitation, discuss their own subject in the classroom; they may not, however, claim as their right the privilege of discussing in their classroom controversial matter that has no relation to their subject. The principle of academic freedom is accompanied by a corresponding principle of responsibility.

As a public entity partially funded by NYS tax dollars the University will provide a designated public forum to non-UAlbany community members, Third Parties, to exercise their free speech rights. Third Party is anyone who is not a current University student or employee.  

All Third Parties must follow University policy 1.6 Public Forum – Time Manner and Place Rules

In addition, the following policies also apply:

• Camping
• Chalking
• Events: Prohibited Items
• Exterior Posting: Flyers & Posting
• Photography, Filming & Videography
• SUNY Policy on Use of Facilities by Non-Commercial Organizations

The Constitutional right to free speech 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. The University has a legal, and indeed a moral, obligation to ensure that it protects the free exchange of ideas.  

The University will remain a neutral venue and provide the same level of safety and respect to all speakers. As Thomas Jefferson said of his own university, "here we are not afraid to follow truth wherever it may lead, nor to tolerate any error so long as reason is left free to combat it."

Can the University restrict speech because it is controversial?  

No. University 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 assure free speech for viewpoints which you might oppose also assure the rights of those whose opinions you support to make their voice heard.

How should I respond to controversial speech? 

You, alone or as part of a group, have the right to respond to a controversial speaker with protected speech of your own.  

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 may be seeking.