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Freedom of Expression

Commitment

The University of Houston-Downtown is committed to fostering a learning environment where free inquiry and expression are encouraged.

Expectations

The University expects that persons engaging in expressive activities will demonstrate civility, concern for the safety of persons and property, respect for University activities, respect for those who may disagree with their message, and compliance with University policies and applicable local, state and federal laws. The purpose of the University of Houston-Downtown Freedom of Expression Policy (PS 04.A.08) is to provide for organized expressive activities to be conducted on the grounds of the University in a manner consistent with these principles.

Policy Summary

The Freedom of Expression Policy is applicable to University of Houston-Downtown students, faculty, staff, and others who wish to engage in expressive activities, including extracurricular public speaking, literature distribution, poster displays, sign displays, any other type of graphic exhibitions, expressive performances, petitioning or similar noncommercial activities, at locations on University property. Literature distribution must comply with the rules stated in the Freedom of Expression Policy.

This policy is applicable to any Expressive Activity at locations on University Grounds. This policy does not apply to any Official University Event or Activity, except as noted.

Non-permitted commercial activities (as defined in the Freedom of Expression Policy) are not allowed.

Expressive activities permitted under this policy do not imply official endorsement by the University. Groups or individuals engaged in expressive activities are responsible for the content of the expression.

Use Of Space

University buildings are reserved for use by the University of Houston-Downtown students, faculty, and staff, except as otherwise permitted by the policies of the University.
Those who wish to engage in an expressive activity (including literature distribution) may engage in such expressive activity in the University’s common outdoor areas without prior registration or approval.
University of Houston-Downtown faculty, staff, students, and members of registered student organizations may reserve some outdoor areas in accordance with the procedures outlined in the Freedom of Expression Policy.

Engage Respectfully

Activities that are unlawful or materially and substantially disruptive to the normal operations of the University, including classes and University business activities, will not be tolerated.
The University expects that persons engaging in expressive activities will demonstrate civility, concern for the safety of persons and property, respect for University activities, respect for those who may disagree with their message, and compliance with University policies and applicable local, state, and federal laws.
Groups or individuals engaging in disruptive activities or failing to comply with University policies and applicable local, state, and federal laws may face immediate removal from the campus and other appropriate actions by University officials and University police.

Resources

FAQs

The University of Houston-Downtown policy on Freedom of Expression encompasses all aspects of Free Speech. The term Freedom of Expression is generally used to convey that not all expressions of ideas or opinions are communicated through speech, but may also be communicated through other means, such as writings, drawings, or actions.
The UH System Freedom of Expression policy is SAM 01.D.15. The University of Houston-Downtown policy on Freedom of Expression, which encompasses all provisions of the SAM, can be found at PS 04.A.08
"Expressive activity" refers to any speech or expressive conduct protected by the First Amendment of the U.S. Constitution or by Section 8, Article I of the Texas Constitution. In practice, expressive activity means any non-curriculum related rally, parade, demonstration, stationary structure or display, concert or other expressive activity, including literature distribution. Under University policy, expressive activities do not include commercial speech (i.e., advertising, promises, and solicitations with the purpose of personal gain).
Although the First Amendment protects a broad range of expressive activity including speech that may be controversial, hurtful, or repugnant, there are some types of expression that lose First Amendment protection and that the University will not tolerate. These types of expression include, but are not limited to:

  • True threats: Those are statements in which the speaker means to communicate a serious expression of intent to commit an act of unlawful violence to a particular individual or group of individuals.
  • Fighting words: Words that are likely to incite violence or imminent lawless action.
  • Impeding access to any campus buildings or facility or other public spaces on campus, obstructing the free flow of vehicular or pedestrian traffic or materially and substantially disrupting University business (group can be dispersed or asked to move depending on situation).
  • Violating University policies (for example, policies against open flames, littering, posting, discrimination and harassment, sexual misconduct, etc.).
  • Other actions that would violate state or federal law (for example, actual violence, damaging property, selling drugs).
  • Obscenity, which is defined by the U.S. Supreme Court as:
    1. [W]hether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest;
    2. whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and
    3. whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
  • Defamatory statements: A statement may be defamatory (and unprotected) if it is an intentional and false statement about an individual communicated to a third party, resulting in damage to the individual's reputation.
Hate speech or hateful speech is generally defined as "[s]peech that demeans on the basis of race, ethnicity, gender, religion, age, disability or any other similar ground." Although some would argue or believe hate speech is not protected, that is not the case. Though offensive, it may not necessarily fall under one of the exceptions to First Amendment free speech protection listed in Answer 4 above and therefore would be allowed. In fact, on many occasions, the U.S. Supreme Court has explicitly held that prohibitions or punishments for hateful speech violate the First Amendment. Although UHD cannot ban all hate speech on campus, UHD does not condone or endorse hate speech. UHD is proud of our tradition of inclusivity and diversity in every aspect of campus life.
UH System recognizes that some constitutionally-protected speech may be considered offensive by some or all listeners. An expressive activity does not automatically rise to the level of denying constitutional, statutory, or legal rights of others, solely because a listener is offended by the argument or idea presented. However, expressive activities that interfere with the legal rights of others will not be tolerated, and will be disciplined according to appropriate System policies, including, but not limited to SAM 01.D.07 –Anti-Discrimination Policy, and SAM 01.D.08 –Sexual Misconduct Policy.
The common outdoor areas of the UHD campus can be used for expressive activity without prior registration or approval.
No, UHD does not limit free speech to particular zones on campus. The common outdoor areas of the UHD campus can be used for expressive activity without prior registration or approval.

If a person or group wants to reserve a particular place on campus for expressive activities, there are seven areas of campus which are available for prior reservation for UHD faculty, staff, students, and members of registered student organizations. These areas may also be used for expressive activity without a reservation; however, an individual or group with a reservation will have priority over other individuals or groups for use of the area and may have exclusive use of the reserved area.

  • South Deck: The area located on the 3rd floor (Main Street level) south of the Academic Building and One Main Building.
  • Academic Deck: The area located on the 3rd floor (Main Street level) south of the South Deck.
  • North Deck: The area located on the 3rd floor (Main Street level) north of the Academic Building and One Main Building.
  • Portico: The area located on the 3rd floor (Main Street level) in front of the One Main Building and Metro rail.
  • Shea Street Building Deck: The area located in front of the Shea Street Building.
  • Commerce Street Building Patio: The area located behind the Commerce Building.
  • Food Truck Plaza: The area located adjacent to the north entrance of the College of Sciences and Technology Building.
Non-University affiliated individuals or groups may be eligible to reserve a University-owned common outdoor area if availability exists (for a fee) and must follow the provisions in PS 04.A.08.registration or approval.
Reservation details and forms can be found on the Campus Event Space Reservations webpage. In addition to the University-owned common outdoor area request, the requesting group or individual seeking to reserve a University-owned common outdoor area pursuant to this section must submit a completed Expressive Activity Description Form ("Form") to the Office of Student Activities at least seven business (7) days in advance of the proposed expressive activity.
  • Persons distributing information at reserved information table locations must remain within their reserved table space and displays at reserved information table locations.
  • Literature or other printed materials must be distributed in person.
  • Literature or other printed materials must not be forced upon others.
  • The free flow of pedestrian, vehicular, or other traffic must not be obstructed at any point.
  • Groups or individuals are responsible for ensuring that literature/printed materials do not litter the area.
  • Literature/printed materials must not promote Non-Permitted Commercial Activities.
  • This section does not apply to literature/printed material distribution related to a vote for or against a candidate for the Student Government Association (SGA) office or for or against a proposition on a ballot at an SGA election. Such distribution by registered University students may take place in areas immediately adjacent to SGA polling locations and must comply with the University's rules.
The University recognizes and supports the constitutional rights of free speech and peaceful assembly. Public assemblies (protests, picketing, etc.) are allowed. The University encourages all who engage in protest activity to do so safely and in a manner that respects a culture of inclusivity as well as the rights of others with differing opinions. In addition to other time, place, and manner rules discussed in these FAQs and other UHD and UH System policies, below are some rules and reminders for engaging in protest activity safely:

  • All activities should be peaceful, non-violent, and non-threatening.
  • Refrain from any activity that infringes on the rights of others, such as blocking and preventing the movement or access of others, or that materially and substantially disrupts University business.
  • Avoid conduct which unduly interferes with the expressive activities of others on campus, such as disrupting a speaker's ability to be heard at a scheduled event.
  • Follow the lawful instructions of University administrators or police, such as staying behind barricades, dispersing from an area declared an unlawful assembly, or not resisting arrest. It is against the law to disobey a lawful order by a police officer.
  • Leave the area where others are engaging in illegal activities or acts of violence. Remaining in the area could be interpreted as your choosing to participate in the illegal activities or acts of violence, even if that is not your intent.
  • Refrain from speech that incites others to commit acts of violence such as pushing, kicking, or spitting on others, destruction of property, or other unlawful actions.
  • Carrying an open flame is prohibited unless approval is granted in advance by the Director of Environmental Management and Fire Safety, or designee.
No, unless you want to reserve an area for your activity or group or in certain instances for amplified sound.
It depends. Amplified sound may be used in the following circumstances: in designated areas and times.

The use of amplified sound is permitted only in the reservable outdoor common areas of campus listed in Answer 8 above, and may only occur for the duration of the event. Amplified sound may not exceed 75 decibels levels.

Amplified sound will be measured at the edges of the surrounding buildings. For the purposes of this policy, dB shall mean the intensity of sound expressed in decibels read from the A-level weighting scale and the slow meter response as specified by the American National Standards Institute.
Yes. Individuals or groups of individuals engaging in activities that are materially and substantially disruptive to the normal operations of the University including classes and University business activities, or who fail to comply with University policies and applicable local, state, and federal laws may face immediate removal from the campus and/or other appropriate actions by University officials and University police.

Additionally, any person that participates in unlawful expressive activity, or that unduly interferes with the Expressive activities of others on campus, including at an Official University Event or Activity, may be subject to disciplinary action, as outlined in the student codes of conduct, in policies relating to faculty or staff discipline, or in policies or laws relating to visitors on campus.
Members of the University community may file a grievance regarding an alleged violation of this policy in the manner provided in PS. 04.A.01 Student Rights and Responsibilities, Faculty Handbook, and Staff Handbook. Alternatively, any complaints of a violation under this policy may be made through the University of Houston System Fraud & Non-compliance Hotline.
Contact the UH Police Department at 713-221-8911, or call 911 from a campus phone. The non-emergency phone for UHDPD is 713-221-8065.
In some situations it can, such as when an expressive activity:

  • is not conducted in a University common area,
  • attracts an audience of 50 or more people,
  • exceeds the reasonable capacity of the space for the number of people attending,
  • substantially disrupts University business or classes,
  • blocks building access, or
  • creates traffic hazards.

In such instances, the expressive activity may be required to relocate to another area on campus that can better accommodate the large group or type of activity. Additionally, individuals or groups who fail to comply with University policies and applicable laws may face immediate removal from the campus and/or other appropriate actions by University officials and University police.