Free Speech

Understanding Free Speech and Free Expression on Campus

At Winston-Salem State University (WSSU), free speech and expression are fundamental rights protected by the First Amendment and supported by law and the policies and guidelines established by the UNC Board of Governors. Those policies and guidelines outline the responsibilities of students and faculty in maintaining an environment where academic freedom flourishes and the rights of all community members are respected, including:

Freedom of Inquiry: Faculty and students have the right to pursue teaching, learning, research, discussion, and publication free from unreasonable restraints.
Responsibilities: Faculty and students share the responsibility for maintaining an environment that respects the rights, dignity, worth, and freedom of each member of the academic community.
Prohibited Conduct: Conduct that intentionally targets individuals or groups based on protected statuses is prohibited, as this can interfere with the university’s mission of advancing knowledge and understanding.
Support for Academic Freedom: Freedom of inquiry, discourse, teaching, research, and publication is supported and encouraged. WSSU shall not penalize or discipline members of the faculty because of the exercise of academic freedom in the lawful pursuit of their respective areas of scholarly and professional interest and responsibility.

Protected Speech and Expression: WSSU upholds the right to free expression, covering a wide range of activities such as peaceful protests, distribution of literature, and symbolic speech. However, consistent with the UNC System policy, speech that disrupts university operations, incites violence, or involves unlawful harassment is not protected.

Speech and Expression Not Protected by Policy: As identified in the UNC System Policy on Free Speech and Free Expression, WSSU does not protect speech and expressive activities that not protected by the First Amendment under State or federal law, including but not limited to:

Expression that a court has deemed unprotected defamation.
Unlawful harassment.
True threats, which are defined as statements meant by the speaker to communicate a serious expression of intent to commit an act of unlawful violence to a particular individual or group of individuals.
An unjustifiable invasion of privacy or confidentiality not involving a matter of public concern.
An action that materially and substantially disrupts the functioning of WSSU or any other unit or entity of the University, or that substantially interferes with the protected free expression rights of others.
Reasonable time, place, and manner restrictions on expressive activities, consistent with North Carolina General Statute 116-300(4).
Speech that interferes with the treatment of patients.

University Procedures for Free Speech and Free Expression

WSSU, in alignment with the UNC System Policy on Free Speech and Free Expression, provides clear guidelines to protect free speech while ensuring order on campus:

Speakers: The university ensures that free speech is protected in a content-neutral manner. The policy prohibits university officials from disinviting speakers based on viewpoint and mandates clear disciplinary procedures for those who disrupt others’ free speech rights.
Events: For protests, demonstrations, or guest speakers, students and faculty must follow WSSU’s event approval process, which includes reasonable time, place, and manner restrictions to prevent disruptions and ensure safety.
Disruptions: The university is responsible for protecting free expression on campus. According to the UNC System policy, any substantial disruption of free speech activities will result in disciplinary action, ensuring that all viewpoints can be expressed without interference.

Resources for Students, Faculty, and Staff

The Director of External Relations (davisrd@wssu.edu) has been identified as the officer responsible for ensuring compliance with the law and UNC policy, and for answering any related questions or concerns from students, employees, or others. Additionally, WSSU provides a range of resources to support the campus community in understanding and exercising their free speech rights in accordance with the UNC System policy:

Educational Programs: WSSU hosts workshops and seminars to educate the community on free speech rights and responsibilities, highlighting the importance of respectful dialogue and the legal limits of free expression. Students and employees may access asynchronous training through this link.
Support Services: Individuals who experience a threat to physical safety should call Campus Police immediately by dialing 336-750-2911. Students experiencing severe emotional distress should contact the Dean of Students (deanofstudents@wssu.edu) or seek assistance through University Counseling (counselcenter@wssu.edu). Employees who experience distress should contact the Employee Assistance Program through Human Resources.
Reporting Mechanisms: If you believe your free speech rights have been violated, or if speech crosses into harassment or discrimination, report the incident to the Dean of Students (for students), the Equal Employment Opportunity Office (for employees), or the Office of Internal Audit. The university will investigate and take appropriate action.

Frequently Asked Questions

What is free speech, and how does it apply to me? Free speech is the right to express opinions without government interference. At WSSU, this right is protected for all students, faculty, and staff, allowing for a wide range of expression on campus, in line with the UNC System policy.
What is the difference between free speech and academic freedom? Free speech is a broader right that applies to everyone, while academic freedom specifically protects the rights of faculty to teach, research, and discuss ideas without fear of institutional censorship.
Can I be disciplined for what I say? You will not be disciplined solely for expressing your opinions. However, speech that materially and substantially disrupts university functions or violates university policies may result in disciplinary action, consistent with the UNC System policy.
Is hate speech protected? Yes, hate speech is generally protected under the First Amendment and the UNC System policy. However, speech that incites violence, constitutes true threats, or involves harassment is not protected.
How does WSSU handle protests and demonstrations? Protests and demonstrations are allowed but must follow university guidelines, including time, place, and manner restrictions, to ensure they do not disrupt university operations or infringe on others’ rights.
What is a “free speech zone,” and does WSSU have one? While some universities designate specific areas for expressive activities, WSSU, in line with the UNC System policy, considers the entire campus open for free expression, subject to reasonable time, place, and manner restrictions.
Is social media activity protected under free speech? Yes, social media activity is generally protected as free speech. However, posts that involve threats, harassment, or violate university policies can lead to consequences.
What should I do if I feel my free speech rights have been violated? If you believe your free speech rights have been violated, report the incident to the Office of Student Affairs or the Office of General Counsel. The university will investigate and provide guidance on the appropriate next steps.
How does WSSU handle off-campus speech by students or faculty? WSSU generally does not regulate off-campus speech, but if the speech violates university policies or adversely affects campus life, it could result in disciplinary action.

What happens if someone uses their free speech to spread misinformation?
While spreading misinformation is generally protected under free speech, the university may address it through educational initiatives and by promoting accurate information.
How are protests handled during sensitive times, like exams? Protests are allowed, but the university may implement time, place, and manner restrictions during sensitive periods like exams to minimize disruptions.
Can faculty members be disciplined for their speech outside the classroom?
Faculty members have the right to free speech outside the classroom, but if their speech violates university policies or adversely affects their job performance, it could lead to disciplinary action.
How does WSSU address speech that targets specific groups? Speech targeting specific groups is protected unless it involves threats, harassment, or incitement to violence. WSSU provides resources and support for those affected by such speech.
What if I disagree with the content of a campus event or speaker? You have the right to peacefully express your disagreement, but you must do so without disrupting the event. Engaging in dialogue or organizing a counter-event are constructive ways to express dissent.
What should I do if I want to invite a controversial speaker to campus? If you plan to invite a controversial speaker, coordinate with the university administration to ensure compliance with event approval processes, including security and venue arrangements.
Can non-students or non-faculty members express themselves on campus?
Yes, non-students and non-faculty members have the right to express themselves on campus, subject to the same time, place, and manner restrictions that apply to the university community.

External Resources and Legal Information

For more information on your rights and responsibilities regarding free speech, please visit the following resources: