From anti-war protests and Black Lives Matter demonstrations to encampments on college campuses, student protest is a proud democratic tradition. Students have always used their power and visibility to draw attention to issues they care about, whether it’s fighting for gender equity or affordable tuition. But how can institutions of higher education balance their mission to expand students’ thinking and engage them in public discourse with the need to provide a safe learning environment?
Can private universities limit the distribution or display of written protest materials on campus? Yes, private universities can regulate the time, place and manner of a protest, provided that it isn’t aimed at inciting imminent lawless violence or true threats. They may also limit a protest by requiring a permit and taking other steps to address safety and security concerns.
Students have also fought for the people who keep their schools running. For example, anti-racist student activists pushed San Francisco State University to create the first African American studies department in 1968. And in the 2000s, students at Tufts University staged a hunger strike to demand better pay for custodial workers.
The vast majority of private colleges promise that their students will have free speech rights, but you should check your school’s policies and FIRE’s Spotlight Database to make sure they’re keeping their promises. If they prioritize other values, such as religious or military-related beliefs, they’re not required to honor your constitutional rights. And you should consider choosing a different school if they prioritize other values over free expression.
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