Updated Expressive Activity Policy

We all know that American universities have been confronting difficult challenges in recent months related to free speech and the proper limits on protest that can interfere with the primary functions of the institution. At Montclair State University, we value free expression and recognize our community’s First Amendment rights to freedom of speech and assembly. We also have a moral and legal obligation to ensure that equal access to all of our programs and services is not undermined by on-campus activities. These objectives are often competing, as we have seen on our own campus.

As a public university, we play a particularly important role in creating an environment that is respectful of free expression – and encourages the free exchange of ideas – but also retains the quality of a community where members can study, learn and engage. To this end, we have been examining our expressive activity policy for the past several months to ensure that we are striking the right balance. I am writing today as we release a revised version of the Expressive Activity Policy, which we intend to provide greater clarity.

Undergirding this policy is a crucial expectation: we can have robust disagreement and make our views known without denying others the opportunity to do the same or abandoning our commitment to civil discourse and mutual respect. This must be the ethos of an institution that embraces diversity, liberty and community as core values.

The University permits expressive activity but has the authority to place reasonable limitations on its time, place, and manner to ensure that the activity does not disrupt University operations, pose a risk to health and safety, or interfere with the ability of all people to take part in the University’s programs and services. Under the law, the University is not permitted to impose restrictions that are based on the viewpoints expressed. As a consequence, speech that some may find offensive will be allowed on campus. That does not mean that expressive activity that includes hate speech, harassment, intimidation, incitement to violence, or other conduct that violates local, state, or federal law is permissible. It is not. Those activities will be dealt with swiftly in accordance with University policy and local, state, or federal law.

The revised policy makes clear that the rules governing expressive activities apply to all members of our campus community, as well as visitors with no current affiliation. With respect to members of the public, the Amphitheater will serve as the one location on the Montclair campus where expressive activity will be permitted. For current members of the Montclair State University  community, including enrolled students and active employees, we have established criteria and times that open additional locations for expressive activity with clear guidelines for acceptable behavior. The revision creates more opportunities for expression and therefore the increased possibility that the University Administration may need to take certain steps to ensure that the campus remains safe for all.

I want to emphasize that while a policy primarily speaks to the regulations of what is (and is not) allowed, we all have a responsibility to go beyond those legalistic words. I urge everyone to think about how our actions affect the well-being of other community members. We should continue trying to honor two core principles of community: retaining civility and respect in discourse, and committing to an ethic of safety and care. Neither of these is easy, but both are essential for each of us to enjoy the sense of belonging here at Montclair that makes free exchange of ideas and opinions possible and fruitful. We exercise our institutional prerogative to limit only outside groups to a single designated location because I believe in our ability as a community to be mindful of each other, even as we express our own thoughts and feelings. It is harder to extend that belief to people with no interest in building and maintaining this community, and view our University only as a platform to amplify their voices.

There are many conflicts in the world today that evoke deep emotions among members of our University community. We welcome people from many different backgrounds and this diversity enriches our community, providing opportunities to ask questions and appreciate differences that make the world more interesting. This diversity is one of our greatest strengths. When viewpoints derived from differences in experience, belief, or outlook put us in diametric opposition, however, it can present a test of our shared commitments.

This is the moment we find ourselves in as a campus community and it offers an opportunity to model the world we’d like to see. I believe in our ability to find the balance between free expression and our obligation to serve the students who come here to learn and realize their potential. And even when you may not agree with how any given situation is handled, I can assure you that the pursuit of this balance is always at the forefront of our decision making.