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1. Preamble
2. Purpose
3. Principles
4. The Elements of Time, Manner and Place
5. Opportunities for Speech Activities and Expression
6. The Time, Manner and Activities may not...
7. Advisory Committee on Speech Activities and Expression
8. Violations
The New School is committed to freedom of speech, thought, inquiry, and artistic expression for all members of its community. It is equally committed to protecting the right of free speech of all individuals authorized to use its facilities or invited to participate in the educational activities of any of the university's academic divisions.
Demonstrations, marches, and picketing have long been recognized as legitimate forms of self-expression in the university community. The limiting principles for such activities are that demonstrators must not unreasonably disrupt other university functions, interfere with the freedom of others, or otherwise violate the rights of others.
Demonstrations that take place inside university facilities, including all university buildings and the enclosed courtyard areas they bound, always have great potential to disrupt normal functions. Hence, it is necessary to give particular attention to the rights of all members of the university community when demonstrations take place in these facilities.
These Guidelines on Demonstrations in University Facilities establish rules for carrying out demonstrations -- understood as speech activities and expression enjoying the basic protection of the right to free expression-in university facilities. They also establish procedures for supervising such demonstrations, protecting the rights of demonstrators, and protecting the rights of others and the University.
Demonstrations are one of the tests of the freedom of expression, and these Guidelines also are explicitly intended to increase understanding of and strengthen the protection for free expression at the university. They follow by a little more than 10 years the report of the Committee on Freedom of Expression that was appointed by President Jonathan Fanton in December 1985. The report of that Committee, disseminated in November 1986, began by indicating that the members "welcomed the opportunity to underscore that the condition of freedom of expression at The New School is a collective responsibility." On the matter of rules and expressly prohibited behavior, the report took a position that continues to merit the support of the university community:
"In institutions, behavior is regulated most effectively and meaningfully when rules are expressed in terms of expectations rather than restrictions. Only the most extreme and unambivalent requirements should be articulated in the terms of prohibitions: in this case, absolutely no form of physical violence or intimidation can be tolerated.... At the same time, we are at a loss to find statutory language to govern all situations when demonstrations might impede speech to some extent but fall short of violence or the threat of violence. In particular, we think it important not to confuse civility and standards of behavior as an audience interacts with a speaker with questions of censorship or intimidation."
These Guidelines have been influenced significantly by the reasoning and the spirit of that report. At the same time, and in the same spirit, the university vigorously reaffirms both its Policy on the Free Exchange of Ideas, adopted by the Board of Trustees on January 21, 1987, and the Statement on Freedom of Artistic Expression, adopted by the Board on October 4, 1989.
The New School is committed by tradition and by its defining values to the free exchange of ideas and the freedom of artistic expression. The Policy on the Free Exchange of Ideas pointed out that:
"A university in any meaningful sense of the term is compromised without unhindered exchange of ideas, however unpopular, and without the assurance that both the presentation and the confrontation of ideas takes place freely and without coercion. In this context and because of its distinctive, educational role as a forum for public debate, the university has deep concern for preserving and securing the conditions which permit the free exchange of ideas to flourish."
Obviously, the free exchange of ideas is not achieved once and for all time by the act of its proclamation. Free exchange of ideas requires active, ongoing, sometimes arduous support by the university community.
The overriding concern may appear deceptively simple: that the free exchange of ideas is essential to the ability of universities to serve society and the search for truth. Each member of the community must be willing to accept an individual and collective responsibility for maintaining the fullest possible freedom of expression. This responsibility involves: toleration for the right of all members of the community to free expression, especially the expression of unusual, unpopular, even objectionable ideas, and respect for the conditions that make free expression possible. The Policy on the Free Exchange of Ideas states that:
"Faculty members, administrators, staff members, students and guests are obligated to reflect in their actions a respect for the right of all individuals to speak their views freely and be heard. They must refrain from any action which would cause that right to be abridged. At the same time, the university recognizes that the right of speakers to speak and be heard does not preclude the right of others to express differing points of view. However, that right must be exercised in ways which allow speakers to continue and must not involve any form of intimidation or physical violence.... Beyond the responsibility of individuals for their own actions, members of the New School community share in a collective responsibility for preserving freedom of speech."
The exercise of the freedom of expression does not mean its unlimited exercise at all times, in all possible manners, in all places. Universities are large communities whose many members cannot all simultaneously exercise the right of free expression. How it is exercised at a given time and place can significantly affect the ability of others to make use of their right.
The elements of time, manner and place are particularly relevant to speech and other expression when demonstrations are carried out in university facilities. The university's concern with these elements does not arise from a concern with demonstrations per se. Rather, it springs from the recognition that (1) the rights of individuals belonging to the university community or the public may well collide at such times, (2) the university has the responsibility to carry out its educational and administrative activities as well as to protect the rights of all members of the community, and (3) without prior content-neutral rules, any intervention to protect those involved in the demonstration, others in the university community, or the institution, may appear biased.
The American Civil Liberties Union, in its Policy on College Student's Civil Liberties, describes the complex interplay of rights that must be balanced for free expression to flourish:
"Picketing, demonstrations, sit-ins, or student strikes, provided that they are conducted in an orderly and non-obstructive manner, are legitimate activities whether they are instigated by events outside the campus or directed against the college administration, and should not be prohibited, nor should students be penalized for engaging in them. Demonstrators or distributors of pamphlets, however, have no right to deprive others of the opportunity to speak or be heard; take hostages; physically obstruct the movement of others; or otherwise disrupt the educational or institutional processes in a way that interferes with the safety or freedom of others."
Hence, the regulation of the elements of time, manner and place of demonstrations is a legitimate and necessary concern of the university. The following sections dealing with those elements are intended to clarify the conditions that make possible the exercise of free expression for all members of the university community. They have four principal objectives: to protect the rights of demonstrators to be heard, protect the rights of the university community as a whole to receive information from demonstrators, protect others against the violation of their rights, and protect the university as an educational institution against the substantial and material disruption of its educational and administrative processes.
The New School respects the right of demonstrators to express their ideas in ways that do not limit the freedom of others or impinge on the rights of others.
The New School's buildings are available to the university community for speech activities during the regular business hours of the particular building, excluding classrooms being used for classes, libraries, computing centers, and faculty and administrative offices.
The University also will designate a bulletin board in the lobby of the Albert List Academic Center where members of the university community can exercise their right of free expression on any issue.
If a demonstration is planned to take place inside university facilities, that is, inside a university building or enclosed courtyard area, the persons desiring to demonstrate are asked to notify the Secretary of the University at least 24 hours in advance in order to allow for the exchange of information about other activities that may be scheduled and to assure public safety.* Demonstrators will not be permitted to remain in any university building beyond its normal closing hour.
If the demonstrators wish to continue beyond one day, a permit must be secured to use a specific space for a specified period of time. Such permits will be renewable and subject to modification, given the university's need to consider competing requests. Permits shall be granted on a content neutral basis.
The university will allow recognized student, staff or faculty organizations to set out and use tables, carts, booths and symbolic structures in accordance with an express permit issued under the conditions that are described below in section VI. The university may require that tables, carts, booths, and symbolic structures be removed each day.
- Involve any form of physical violence or physical intimidation.
- Violate any laws of the United States, the State of New York or the City of New York.
- Violate fire and building codes or any other code and regulation for public safety.
- Violate the University Code of Conduct.
- Impede the movement of people or disrupt regular or authorized activities in classrooms, offices, studios, and laboratories.
- Be conducted at a volume which disrupts the normal use of classrooms, offices, studios and laboratories.
The university may require a speech activity to be conducted 10 feet or more from any exit, entrance, staircase, etc. to allow access. It also may impose limits on the portion of interior floor space and the portion of exterior and interior walls of university buildings that may be used for speech activities.
The secretary, or another university officer designated by the president, will be responsible for approving requests to use space inside university facilities for speech activities and for establishing any conditions for their conduct.
Permission for the use of symbolic structures in carrying out speech activities or expression will require that such structures be portable and conform to any conditions contained in the permit. "Symbolic structures" include props and displays, furniture, and any constructions. Permits for the use of symbolic structures also shall be granted on a content neutral basis. In regulating by permit the duration, size, location, and other features of symbolic structures, the university will be guided by the following, and other similar, community interests:
- protecting health and safety
- preventing damage or risk of damage to university property
- preserving unimpeded mobility within buildings and unimpeded entrance to and departure from buildings
- providing for competing uses of facilities
- avoiding interference with other university activities
- reasonably limiting costs to the university for increased security, potential University liability, insurance coverage, and cleanup and repair after an event
The president will appoint a standing advisory committee chaired by the secretary, comprised of 3 students, 2 faculty members, 2 administrators, and 2 individuals from the public, to work on issues that arise during demonstrations. The committee will be asked to give advice particularly on those issues that affect the university's ability to ensure that the rights of all parts of the community -- including those of demonstrators -- are respected, that competing requests for the use of university space are taken into account, and that the underlying conditions for free expression are preserved.
The university is deeply committed to maintaining the basic conditions for the exercise of free expression. The procedures established in these Guidelines are intended to enable all members of the university community to exercise their right to free expression and their right to hear what others want to express, and the infringement of either of these rights is a serious matter to the university community.
Violations of the rights of demonstrators or of the time, manner and place conditions for particular demonstrations are violations of these guidelines and also violations of the University Code of Conduct. The Code of Conduct indicates that when members of the university community are alleged to have committed violations, "they will be accorded the due process to which they are entitled. Members of the university community are granted a fair hearing: they are fully advised of any charges against them, they are afforded ample opportunity to respond to accusations, and they are given a clear explanation of the right to an appeal."
Individuals who are found to have violated the guidelines or other university policies bearing on freedom of expression will be subject to a range of penalties. For students, the penalties indicated in the Code of Conduct are: a warning that repetition of the wrongful conduct may be the cause for more severe sanctions and a clear instruction to desist; restitution for damage or loss to either university or individual property; probation placing the student in official jeopardy, so that a further violation of university rules and regulations while on probation may result in suspension or expulsion; restriction in the use of certain university facilities or the right to participate in certain activities or privileges for a specified period of time; suspension from all functions of the university for a stated period, and the possible requirement of a petition for readmission; and expulsion from the university for violations judged to be so serious that the student is informed that readmission will not be considered.
For faculty members found to have committed a serious violation of university policy, the penalties indicated in the Guidelines on the Rights and Responsibilities of Faculty are: a written warning, probationary status, suspension (including suspension of salary, or the termination of appointment.
The above listed penalties may be in addition to, and separate from, any penalties or liabilities pursuant to the laws of the United States, State of New York, or City of New York. The university may, at its discretion, depending on the gravity of the violation, file a criminal or civil complaint with the appropriate public official.
The university officer involved in establishing time, manner and place conditions for demonstrations will not have a role in the adjudication of allegations against a participant in those demonstrations.
Application
* No demonstration may be held without submitting an application and receiving approval in the form of a permit issued by the Office of the Secretary of the Corporation. Click here for the Application to Hold a Demonstration.
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