The following is meant to serve as a guide to current Fitchburg State students who want to exercise their First Amendment rights. It includes relevant policies and procedures from the Use of Space Policy (PDF); Code of Conduct (PDF); the Massachusetts State Universities’ Equal Opportunity, Nondiscrimination (PDF); and Student Handbook (PDF).
Introduction
Fitchburg State University upholds the values of freedom of speech, thought, inquiry, and artistic expression for all community members. Protests and demonstrations are recognized as legitimate forms of self-expression. However, the university has the right to set reasonable time, place, and manner restrictions. Students planning demonstrations are encouraged to be aware of their rights, university policies, and available resources.
Summary and General Expectations
- All students have the right to demonstrate on campus.
- University organizations, faculty, and staff may sponsor a speaker or event, at the expense of the organization or host, so long as they follow the university’s event registration and safety guidelines. Such sponsorship does not necessarily imply university agreement with the views presented.
- The university’s policies regarding demonstrations are content-neutral. Note that the university can intervene if there is a clear danger or disruption (see below).
- Certain restrictions apply to entering campus buildings for demonstrations. For instance, areas where the primary education and business functions of the university are likely to be disrupted by free-speech and assembly activities. Examples include but are not limited to campus offices, classrooms, lecture halls, computer labs, libraries, warehouses, maintenance yards, or locker rooms. These spaces are NOT open to the public for assembly or expressive activity.
- Safety and security reasons may restrict access to specific areas on campus not mentioned in the above bullet.
- Legal activities that do not disrupt normal university operations, violate rights of others, harm property, or violate the Code of Conduct are allowed.
- Protests, demonstrations, or other acts of free expression on campus may (at times) prompt a counter-protest or other forms of expression. When these situations arise, the expression of all parties will be supported in accordance with university policies, including this guidance. On occasion, a separate area may be designated for those seeking to counter-protest.
- Note that students participating in off-campus student protests are subject to the same laws and the Code of Conduct (PDF) [2].
- All persons shall comply with the directions of university officials acting in the performance of their duties. University officials shall not invoke this provision to stifle expression because of its content.
- Groups and individuals, including sponsoring organizations, are responsible and accountable for the cleanliness and order of all spaces following their use, including the proper disposal of trash and recycling and the arrangement of additional services as needed. The groups and/or individuals will be billed for cleanup that they do not adequately complete themselves.
Event and Safety Planning
The university strongly encourages registering of all planned activities in accordance with the Use of Space policy. This is to ensure that organizers have the resources they may need for a successful and safe event, to plan for safety, and for a discussion of rights and responsibilities. Space and resources will be designated per availability and in accordance with the Use of Space Policy (PDF).
- Students should first consult with the Office of Student Development to reserve space/event needs and to discuss their rights, policies, and procedures. Please note that non-student groups must contact Event Management.
- Fitchburg State University Police Department (FSUPD) should then be consulted to assist with safety and security procedures.
- Organizers should inform attendees of their rights and university policies.
- Non-university organizations may use campus property at the university's discretion and in accordance with the Use of Space Policy.
Examples of conduct that is not permitted are the following, including, but not limited to (from the Use of Space Policy:
- No activity may disrupt or interfere with classes, meetings, ceremonies, scheduled activities, educational activities, and other essential university processes.
- No person may block or otherwise interfere with reasonable ingress or egress into and out of campus buildings or interfere with any use of university space.
- No activity may impede campus pedestrian, bicycle, and automobile traffic or the ability of university community members not participating in the activity to proceed with their normal activities.
- No activity may obstruct, disrupt, interrupt or attempt to force the cancellation of any university-sponsored event or activity by users authorized to use university space.
- No activity may interfere with or preclude a scheduled speaker from being heard.
- To protect the safety and security of participants, activities not sponsored by the university will not be permitted from midnight to 6 a.m.
- No event, speech, or demonstration may create a clear and present danger of the commission of unlawful acts or include “fighting words,” which are words that, by their very utterance, tend to incite an immediate breach of the peace.
- No person or group shall engage in harassing, physically abusive, threatening, or intimidating conduct toward another person or damage and/or destroy any article of personal property belonging to another person or the university.
- Amplified sound equipment is prohibited unless approved in advance by the university. Under no circumstances will noise be allowed to exceed the City of Fitchburg’s sound requirements from the source of the amplification.
- Flyers, posters, chalking, banners, and signs generally are permitted as part of an activity, but may not create safety concerns or impede the participation of others in the activity or the life of the university. They should follow all applicable solicitation and posting policies, but no item should be denied because of its content within the limits of the law. Community members or guests who deface or destroy material forms of expression will be held accountable for the destruction of personal or university property.
- The activity shall not damage university property or its grounds, including but not limited to building interiors and exteriors, lawns, shrubs, or trees.
Civil Disobedience
Some groups use civil disobedience—non-violent unlawful conduct engaged in intentionally—as a form of protest. The First Amendment does not protect civil disobedience. Individuals or groups who choose to use this as a tactic to draw attention to a cause, should be prepared for the consequences, which may include but are not limited to arrest and sanctions in accordance with the Code of Conduct (PDF).
For questions about the above guidance, please contact the Office of Student Affairs (located in Sanders 204) via email to studentaffairs@fitchburgstate.edu or by calling 978.665.3130.