Expressive Activity on Campus
Texas A&M University is a public university. As such, faculty and staff are government actors (also known as state actors). The U.S. Constitution and, in particular, First Amendment rights (freedom of religion, speech, press, assembly, petition), among others, are guaranteed when government actors (faculty and staff) interact with individuals (students).
The free expression of ideas and the right to associate are American values fiercely protected by the Supreme Court. The First Amendment right to free expression and association at public universities has been explored in classic case law that came into being largely as a result of court cases related to the student unrest of the 1960s. These constitutional issues are sometimes difficult for the general public to comprehend because there is often an expectation that university administrators can control student speech and control or prevent student association.
This public perception is often grounded in the false belief that students do not have constitutional rights or that they do not enjoy these rights in their roles as college students. Nothing could be further from the truth at public institutions.
Content-based (a.k.a., viewpoint or opinion) restrictions on the exercise of free expression have been judged by the courts to be unconstitutional. Nevertheless, these free expressions rights are not absolute. Reasonable time, place, and manner restrictions apply to free speech and student protest issues when there is a compelling government interest to support their strategies to balance these student rights against the right of others to attend class, move about campus, and to avoid disruptions.
WHAT IS THIS BILL?
The 86th Texas Legislature (2019) passed Senate Bill 18, codified in Education Code § 51.9315, Protected Expression on Campus.
The law defines terms; discusses the importance of free expression on campus; and provides that reasonable time, place, and manner restrictions are still authorized, including a faculty member’s ability to maintain order in a classroom. Read Texas Senate Bill 18.
WHAT DOES THIS LAW REQUIRE?
The law requires each university to adopt a policy detailing student’s rights and responsibilities regarding expressive activities at the university. The policy MUST ALLOW:
1. “Any person” to engage in expressive activity on campus.
2. Student organizations and faculty to invite speakers.
3. A method for filing complaints about non-compliance with the law and disciplinary procedures for individuals (students and employees) violating this law.
4. The Board of Regents to approve the new policy before it takes effect.
HOW SENATE BILL 18 BENEFITS STUDENTS
The law also provides:
1. Universities may not take action against student organizations based on their viewpoints and the expressive activities for which they engage.
2. Universities can only consider four factors when determining whether to permit a speaker on campus and the appropriate security fee—venue and size of the crowd, need for security, necessary accommodations, and history of rule compliance by the group or individual inviting the speaker—but not the anticipated controversy related to the appearance.
3. The policy should be widely distributed across campus and training should be provided to students and employees to insure their understanding of the policy.
EXPRESSIVE ACTIVITY ON CAMPUS
Texas A&M University Rule 08.99.99.M1
Approved May 14, 2020
How to File a Grievance
>Students may file a grievance with the Office of the Dean of Student Life.
>Faculty may file a grievance with the Dean of Faculties.
>Staff may file a grievance with Human Resources.
>Third parties may file a grievance with Human Resources.
Freedom of Expression, Integrity, & Respect
As a Tier I research institution, the pursuit of truth through open and robust discourse is critical to academic inquiry. As a community of scholars comprising students, faculty, staff, and administrators, the university has an aspirational expectation that such discourse will be conducted in accordance with Aggie Core Values.
Learn More about Freedom of Expression, Integrity, & Respect
Discourse with Aggie Integrity & Respect
Whether we are engaging in person or online, there is an ongoing need to assess whether we are engaging in respectful discourse with others.
Good Digital Citizenship
The Aggie Core Values of Integrity and Respect don’t just exist in Aggieland — they live through our students and campus community members, no matter where they are. A good Aggie digital citizen uses good judgment and treats others with respect. Whether posting on social media, sending an email, or commenting on an online discussion, practicing good digital citizenship encourages positive discourse.