Why is the University updating its Expressive Activity Policy?
The University routinely evaluates all of its policies and makes adjustments as necessary to ensure the best possible campus environment for all community members and compliance with the law. We have been examining our Expressive Activity Policy for the past several months to ensure that we are striking the right balance of fostering an environment that is respectful of free expression, encourages the free exchange of ideas and retains the qualities of a community where members can study, learn and engage.
Right now, there is a heightened interest in such policies nationwide given the global and domestic events of the past year. We recognized the University community’s need for greater guidance on how we seek to enable free expression at Montclair State University while ensuring the safety and well-being of the entire University community. Revising our Expressive Activity Policy was an integral part of that guidance.
The intent behind the updated Expressive Activity Policy is to ensure that those who choose to engage in Expressive Activity are able to do so safely and have a clear understanding of the University’s Policy regarding conduct associated with Expressive Activity.
Why is it that Expressive Activity involving noise can only take place in Designated Locations?
The new Policy allows current students and active employees to engage in Expressive Activity in any outdoor space on campus, provided a few rules (proximity to academic buildings, not blocking stairways and doorways, etc.) are followed. These reasonable rules are necessary if the University is to honor its obligation to ensure the safety of students, employees, and the campus community and preserve an environment conducive to learning and working.
In order to strike the balance between respecting First Amendment rights and maintaining a safe and functioning campus, the University must place reasonable limitations on the locations in which Expressive Activity involving noise can occur. The designated locations are those in which individuals can exercise their First Amendment rights without disrupting the operations of the University or posing a threat to the safety of those involved or the larger University community. Furthermore, only the general public or organizations not recognized by the University are relegated to one designated location, the Amphitheater (Montclair campus) and the Back Quad (Bloomfield campus).
What is the difference between spontaneous/organic and non-spontaneous Expressive Activity?
Organic or Spontaneous Expressive Activity is activity that does not involve any advanced organizing, advertising, or planning. “Advanced” refers to any prior action that is not immediate.
Expressive Activity that does not meet this criteria will be considered non-spontaneous Expressive Activity. Posting about an event on any public forum such as social media, email lists, listservs, bulletin boards, or similar venues before it occurs will render any Expressive Activity non-organic and non-spontaneous. All Expressive Activities that are not spontaneous and seek to gather individuals together, whether silent or otherwise, must reserve a designated location. The purpose of reserving a designated location is to verify the availability of the space and to ensure that the University is able to provide adequate security for the participants engaging in Expressive Activity.
What is Silent Expressive Activity?
Silent Expressive Activity is noiseless activity that conveys a message, including but not limited to silent protest, displaying signs, wearing symbolic clothing, gesturing, standing, sitting, walking or other noiseless activity. This Policy only applies to silent Expressive Activity that gathers individuals together.
As used in this Policy, silent Expressive Activity is not intended to apply to an individual’s decision to wear a particular article of clothing, such as a shirt or headcovering, or accessory, like a button or hat, or other everyday activities that could be used to communicate a particular message or view. It also is not intended to apply to a single individual standing, sitting, walking or engaging in other noiseless activity.
Do I need to register my Silent Expressive Activity with the Dean of Students?
Only silent Expressive Activity that gathers individuals together for demonstration, protest, or performance purposes requires an advanced reservation of the space with the Dean of Students. An individual can freely engage in silent Expressive Activity alone without any space reservation or notice to the University.
To be clear, this advanced notice is focused on the safety of all involved, not the content of the messaging. The University needs advanced notice of gatherings to ensure that adequate security measures are in place to protect the Expressive Activity and the University community. Without the ability to properly prepare, the University cannot guarantee the safety of those engaging in Expressive Activity.
How does the Policy apply to social media and Expressive Activity that takes place on digital platforms?
The Expressive Activity Policy applies to activity that occurs on University-owned or controlled land. This does not include digital postings on platforms that are not owned or controlled by the University, such as WhatsApp or GroupMe. However, online conduct may implicate other University policies such as our Social Media Policy, the Student Code of Conduct, and faculty or employee handbooks.
Can the University censor my Expressive Activity based on its content?
The University does not censor individuals’ Expressive Activity based on content. The words, images, or messages themselves conveyed by an individual are not subject to control by the University.
However, the law forbids harassment, intimidation, and incitement to violence. These kinds of communications, or other conduct that violates local, state, or federal law, are not protected by the First Amendment or the Expressive Activity policy. Additionally, the conduct may implicate other University policies such as our Social Media Policy, the Student Code of Conduct, and faculty or employee handbooks.
How does this Policy apply to counter protests?
Counter protests (those occurring in response to another Expressive Activity) constitute Expressive Activity and how they are treated will depend on whether there was any advanced organizing, advertising and planning involved or if the counter protest began spontaneously.
If there is any advanced organizing, advertising or planning, the counter protest will be required to have reserved a space in advance and comply with all other provisions of the Policy. If the counter protest is spontaneous, advance reservation is not required but the activity is still required to comply with all other provisions of the Policy, including the prohibition on Disruptive Activity.
How do I submit a space reservation request?
Space reservation requests can be found and submitted through this hyperlink: https://montclair.campuslabs.com/engage/submitter/form/start/643827