Guidelines on Free Speech

A group of four campus community members share a conversation on the benches outside Old Main

As a public university, SUNY Cortland is committed to protecting the First Amendment rights of all students, faculty, staff and visitors, and maintaining a campus environment that encourages the free flow of diverse ideas, viewpoints and opinions. We are also deeply committed to ensuring that our campus is a place where all community members can pursue their educational goals safely, without harassment or disrespect, regardless of background, ethnicity, gender expression, sexual orientation, ability, race or beliefs.

SUNY Cortland strikes a balance between these obligations by setting content-neutral rules and guidelines around the time, place and manner of all campus public speech. Information on this page can help all members of the university community exercise their right to free speech without disrupting the rights of others to pursue their Cortland educational experience. Please note that the policies and rules contained in the SUNY Cortland Handbook will govern any particular situation, and this website is not intended as a replacement or substitute for the Handbook.

One of the most important lessons students can learn in college is how to respectfully and productively engage with others who hold different beliefs or perspectives. It requires active listening, emotional discipline, critical thinking and complex problem-solving – all traits critical to the success of future employers and the health of democratic societies.

How to express yourself on campus

It’s a free country. Can I say anything I want?

The Constitutional right to free speech in the First Amendment of the U.S. Constitution affirms, with few exceptions, the lawfulness of individuals’ and groups’ right to communicate virtually any idea regardless of how widely shared or accepted by others it may be, without government restriction. However, the U.S. Supreme Court has said that public entities such as the university may place reasonable restrictions on the “time, place, and manner” of any assembly, demonstration, speaker, forum or similar event to ensure minimal interference with the operation of the campus, its provision of services or access to those services.

What is meant by “time, place and manner” restrictions?

Any student organization seeking to hold an assembly, rally or similar public event must work through Campus Activities and Corey Union, which will work with relevant campus offices to designate a public area for the event on campus and appropriate time parameters, based on the expected number of participants, other scheduled events and other considerations. “Manner” refers to how participants in the event express themselves and focuses solely on ensuring safety and minimizing interference with others’ educational experience. Guidance is available in the SUNY Cortland Handbook Chapter 370: Freedom of Expression and Assembly: Policy and Procedures for Students, as well as Chapter 440.07: Facility Use Terms and Conditions through Chapter 440.10 Scheduling Events That Do Not Require Space.

What should students avoid when expressing themselves publicly?

Anything that could foreseeably cause injury, damage property or violate state or local safety codes, such as an open fire. This includes any activity that could be considered harassment or impedes the orderly administration of classes, lectures, meetings, interviews, ceremonies, and other campus events or university operations. Pedestrian and vehicle access to campus buildings, for example, cannot be blocked. No bullhorns or other amplification equipment that could disrupt classes, study or campus operations are allowed. Additional information is outlined in the SUNY Cortland Handbook Chapter 370: Freedom of Expression and Assembly: Policy and Procedures for Students

What about protest encampments?

Camping or outdoor sleeping arrangements of any kind are not allowed on the SUNY Cortland campus. Occasional exceptions may be made with prior written approval of the university, as outlined in the SUNY Cortland Handbook. Erecting any type of temporary structure on campus, such as tents or canopies, must follow strict guidelines. These and other details are outlined in the SUNY Cortland Handbook Chapter 440.28: Camping and Use of Tents on Campus.

If I am asked by a campus official to show my Cortland ID while participating in a public event, do I need to comply?

Yes. The Cortland ID (including digital identification cards) must be produced upon request of a duly authorized university official. Individuals may also be required to reveal their faces to confirm identity when needed to maintain campus safety or security. For more information, see the SUNY Cortland Handbook Chapter 435.06: Faculty, Staff and Student ID Cards.

What guidelines do individuals not connected with the university or sponsored by a student group need to follow?

Groups or individuals not affiliated with SUNY Cortland who wish to speak, demonstrate or speak out publicly in some way, are limited to two designated free speech spaces on campus. One is a highly visible area in front of Corey Union on Neubig Road and the other is near the athletic fields by Route 281. These groups must work with the university to determine time and manner of their event. Details are outlined in the SUNY Cortland Handbook Chapter 440.26: Use of Facilities by Third Parties for Free Speech.

What about posting flyers and signs around campus?

SUNY Cortland guidelines for fliers and signage are content neutral. They are aimed at maintaining a safe, orderly and attractive campus. Promotional materials for campus events must follow rules outlined in the SUNY Cortland Handbook Chapter 440.07: Facility Use Terms and Conditions. In addition, all postings must follow guidelines in the signage section of SUNY Cortland’s Brand Identity Guide.

Guidance for addressing offensive speech

I feel threatened by speech or events held on campus. What should I do?

If you feel there is an immediate, physical threat, contact the University Police Department at 607-753-2111. Anyone who is impacted by, or witnesses, a perceived act of bias, discrimination or harassment is encouraged to use SUNY Cortland’s Bias Incident Reporting Form to make a complaint. All reports are thoroughly investigated by the university’s Institutional Equity and Inclusion Office, which will bring in other relevant university offices, such as the Student Conduct or Title IX offices, as warranted.

How can people be allowed to say offensive or hateful things on a public university campus?

Speech that many consider to be biased, disgusting or hateful can still be protected by the First Amendment to the U.S. Constitution. It is the same blanket protection that allowed expressions of speech leading to the end of slavery, the right for women to vote and civil rights movement. While the University is legally obligated to protect speech that some may find abhorrent, there is no right to speech that constitutes harassment or threats, creates a hostile environment or is overly disruptive to campus operations. Additionally, educational institutions have certain Title VI obligations regardless of whether the speech in question is protected under the First Amendment.

Why should I have to listen to something that deeply offends me?

Although people have a right to express repugnant things, SUNY Cortland will always protect your right to further your education and enjoy the full benefits of all that the university offers regardless of race, ethnicity or country of national origin, as outlined in Title VI of U.S. Education Law. Cortland and other SUNY institutions work to strike that balance by strictly controlling the time, place and manner of public free speech events. See the SUNY Cortland Handbook Chapter 370: Freedom of Expression and Assembly: Policy and Procedures for Students.

Well, I still think what they’re saying is wrong. Is there anything else I can do?

Incidents of bias should be reported through the Bias Incident Reporting Form. This not only ensures a thorough review, but also helps us understand SUNY Cortland’s cultural and climate. Second, we are an educational institution, and we encourage students and faculty to hold forums, discussions and other events where all sides of a controversial issue can be respectfully dissected and debated. Students and student organizations are free to hold peaceful counter events, as long as they follow all campus rules and guidelines outlined in the SUNY Cortland Handbook Chapter 370: Freedom of Expression and Assembly: Policy and Procedures for Students. We also encourage students to consider joining a campus organization involved with their issues of interest, or starting one of their own.