Purpose

University Community Members and Visitors have the freedom to engage in Expressive Activities on University Property subject to restrictions that are consistent with established First Amendment principles and principles of academic freedom. This policy affirms the university’s commitment to the open exchange of ideas and values through Expressive Activities without intimidation or harassment and establishes parameters to help provide a safe environment, protect property and promote the proper functioning of the university’s teaching, research, economic development, and public service missions and business operations. The university strives to ensure intellectual freedom and free expression to fulfill its function related to the discovery, improvement, transmission, and dissemination of knowledge by means of research, teaching, discussion, and debate.

This policy is intended to protect the rights of individuals to engage in Expressive Activities, including but not limited to the rights of students to engage in Expressive Activities consistent with the principles set forth in the Higher Education Act of 1965. “Expressive Activities” is defined in greater detail within this policy and with certain exceptions, refers to speech, assembly, demonstrations, and any other expression protected under the First Amendment to the U.S. Constitution or Article I of the Constitution of the State of Illinois.

The university shall not enforce this policy in a manner that discriminates against any person or group on the basis of any protected classification. A full list of protected classifications can be found in the university’s Nondiscrimination Policy.

This policy is not intended — and shall not be construed — to impair any right or activity, including speech, protest, or assembly, protected by the U.S. Constitution, by the Constitution of the State of Illinois and by other federal or state law, such as the Illinois Labor Dispute Act, the Illinois Public Demonstrations Law and the Illinois Educational Labor Relations Act. Further, this policy is not intended — and shall not be construed — to supersede, nullify, modify or impair the exercise of academic freedom as set forth in University of Illinois Statutes.

Scope

This policy applies to all University Community Members and Visitors.

Authority

Office of the Vice Chancellor for Administration and Operations

Policy

1. Expressive Activities Permitted. University Community Members and Visitors may use outdoor, publicly accessible areas of University Property for Expressive Activities, subject to the restrictions in this policy. Unless otherwise regulated by this or other applicable policies, University Community Members and Visitors do not need to reserve outdoor publicly accessible areas of University Property, to engage in spontaneous Expressive Activities permitted by this policy. If University Community Members or Visitors expect or request exclusive use of University Property for an event or activity, or if otherwise required by university policy, , reservations must be made in accordance with the university’s Reservation of University Property Policy. Use of University Property does not imply or signify the university’s endorsement, sponsorship, approval or disapproval of the views expressed in any Expressive Activity.
2. Restrictions on Expressive Activities. University Community Members and Visitors may engage in such permitted Expressive Activities as long as their conduct complies with the restrictions set forth below. The university shall not consider the content or viewpoint of Expressive Activities permitted by university policy when applying these restrictions.
   1. Lawful Activities. Conduct, must comply with applicable federal, state and local laws,, including but not limited to 720 ILCS 5/21.2-2 (Interference with a public institution of education) and 720 ILCS 5/26-1 (Disorderly conduct), and lawful directives and orders from federal and state governments, law enforcement agencies and public health authorities
   2. Compliance with University Policy. Conduct must comply with applicable university policy, including but not limited to this policy, the General Use and Access to University Property Policy, the Open Flames Policy, the Student Code, and the Nondiscrimination Policy, including but not limited to provisions prohibiting harassment.
   3. Public Safety. Conduct must not physically injure persons, damage or destroy University Property or property of another, or threaten to cause such injury or damage. Conduct must not create safety hazards or harm or threaten the physical health or physical safety of any person. Conduct that harms or threatens the physical health or physical safety of any person, includes but is not limited to:
      1. Causing bodily harm to a person;
      2. Inappropriate and unwelcome physical contact with another person, including but not limited to pushing, slapping, or spitting;
      3. Reckless disregard for the physical health or physical safety of any person; or
      4. Any verbal threat or physically threatening behavior that would cause a reasonable person to fear for their physical health or physical safety.
   4. Substantial and Material Disruption with University Activities. Conduct must not substantially and materially disrupt, impair, or interfere with the following:
      1. The teaching, study, research, or administration of the university;
      2. The authorized use of University Property, including meetings of university students, faculty, staff, administrators or guests;
      3. The rights and privileges of other University Community Members; or
      4. Fire protection, law enforcement, or emergency or medical services.

      Disruptive conduct may include but is not limited to the following:

      1. Obstructing, impairing, or interfering with university sponsored or authorized activities or University Property in a manner that is likely to or does deprive others of the benefit or enjoyment of the activity or University Property;
      2. Creating a volume of noise that impairs or interferes with university sponsored or authorized activities or University Property in a manner that is likely to or does deprive others of the benefit or enjoyment of the activity or University Property; and
      3. Using or threatening use of force against any University Community Member.
   5. Obstruct Access to Buildings or Impede Movement. Conduct must not obstruct or block entrances or exits to buildings, or vehicular or pedestrian traffic. Conduct must not restrict the free movement of persons on University Property.
   6. Conflicts with Reservations. Conduct must not conflict or interfere with a reservation approved pursuant to the university’s Reservation of University Property Policy.
   7. Alma Mater and Surrounding Area. The area immediately in front of and immediately surrounding the Alma Mater statue is designated for use by University Community Members to take photographs with the Alma Mater statue during the following periods:
      1. From the Sunday before the first day of instruction for the fall semester to the Sunday after the first day of instruction for the fall semester; and
      2. From the Sunday before university-wide commencement in the spring to the Sunday after university-wide commencement in the spring.

      Expressive Activities in this area during these periods are subject to the same limitations as set forth in Paragraphs 2(d) and 2(f) of this policy.

      For purposes of this paragraph, disruptive conduct includes but is not limited to:

      1. Blocking access to the Alma Mater statue;
      2. Preventing the orderly formation of a line for photographs with the Alma Mater statue; and
      3. Persistently obstructing, impairing or otherwise interfering with photographs with the Alma Mater statue.
   8. Noise. Conduct, must not create, or assist in creating, a Noise Disturbance.
   9. Amplified Sound. Amplified sound is permitted in outdoor publicly accessible areas of University Property as follows:
      1. Subject to all applicable limitations in Paragraph 2 of this policy, a handheld, battery-operated bullhorn may be used in connection with Expressive Activities permitted in Paragraph 1 of this policy, except no bullhorns are permitted during reading days and final exam periods as set forth in the university’s academic calendar. When permitted and subject to all applicable restrictions in this policy, the bullhorn must be more than 50 feet from and directed away from the nearest classroom building, residence hall, library or the Student Services Building during hours of operation;
      2. As approved as part of a reservation request under the university’s Reservation of University Property Policy for an event or activity occurring after 5 p.m. or on weekends or if held at Anniversary Plaza or Quad Spaces, for an event or activity occurring from noon-1 p.m. Monday-Friday, excluding reading days and final exam periods as set forth in the university’s academic calendar; or
      3. As approved by the Chancellor’s Special Event Advisory Committee for an event or activity sponsored by a university unit or recognized student organization after considering the anticipated noise level and potential impact on academic activities or other university activities in the vicinity.
      4. Amplified sound devices for personal use if not disruptive to university activities, not above the ambient sound level threshold (generally, 50 to 75 decibels), and not otherwise prohibited by university policy.
      5. Noise and amplified sound related to authorized university operations (e.g., approved university sporting or music events, authorized construction and maintenance, or authorized university classes) is not governed by this policy.
   10. Property Damage. Conduct that results in or is substantially likely to result in damage or destruction of University Property or property belonging to other University Community Members or Visitors is prohibited. Persons or organizations causing such damage may be held financially responsible, in addition to possible consequences under other applicable policies and law.
3. Posting Materials and Tabling. University Community Members may post notices, flyers, posters, signs, or other written or printed materials of a similar nature regarding any non-commercial topic on general campus bulletin boards. Tabling for the purpose of distributing non-commercial information is permitted in various campus locations including Anniversary Plaza with an approved space reservation and in accordance with facility policies.
   1. Posting, affixing or physically attaching materials to University Property other than a designated area authorized by university policy, including but not limited to statues, doors, light posts, utility poles, walls, trees, and trash cans, is prohibited.
   2. Use of classroom bulletin boards is restricted to instructional information, as defined by the instructors who use that classroom. Classroom bulletin boards may not be used by other groups or individuals for other purposes.
   3. Use of unit bulletin boards that are assigned to specific university units is restricted to the assigned unit and may not be used by other groups or individuals for other purposes.
   4. In university buildings or facilities that have separate posting policies for use of designated bulletin boards or posting areas, materials must be posted in accordance with this policy and the standards provided by the facility managing the posting area.
   5. Unless otherwise indicated in a facility policy for designated spaces within the facility, materials must not exceed 11 inches by 17 inches and only one copy of a material may be posted in the same designated space at any one time.
   6. Materials may not be affixed in a manner that causes damage to University Property, such as using damaging adhesives.
   7. Materials cannot be (i) obscene, (ii) libelous, (iii) directed to inciting or producing imminent lawless action and likely to incite or produce such action, or (iv) true threats, as those terms are legally defined, or otherwise violate university policy.
   8. The University Community Member who posted material for an event or activity is responsible for ensuring that the material is removed within 48 hours after the event or activity.
   9. An authorized official of the university may remove and destroy the following posted materials:
      1. Unauthorized or outdated, posted materials (e.g., Materials publicizing a past event or activity; Duplicate materials posted on the same bulletin board);
      2. Any posted materials at the end of each semester, at regular intervals as established by the university, or as part of regular maintenance and cleaning by university personnel acting within the scope of their university duties; and
      3. Posted materials that violate university policy, including this policy, or state or federal law.
   10. University Community Members and Visitors must not remove, cover, or tamper with materials posted by another person or organization, except authorized removal under this policy.
   11. Posting of materials in residence halls is governed by applicable University Housing residence hall policies.
4. Signs. Subject to all applicable limitations in Paragraph 2 of this policy, University Community Members and Visitors may hold handheld signs while engaging in Expressive Activities permitted by this policy. Handheld signs must not be left unattended. Light projections and specialty signs, plaques, banners, and lettering may not be displayed on any University building or structure without the advance written approval of the Architectural Review Committee. Standards for building signage are addressed in the Building Signage Policy (FO-16). Lawn Signs must comply with the university’s Lawn Signs Policy (FO-38). No unauthorized structures may be erected, built, set up, established and/or maintained on University Property, and Outdoor Displays must comply with the university’s Outdoor Displays Policy (FO-49).
5. Distribution of Written Materials. University Community Members and Visitors may distribute written or printed materials, such as flyers, leaflets, and publications, regarding a non-commercial topic on a person-to-person basis (i) in outdoor, publicly accessible areas of University Property, and (ii) inside publicly accessible common areas (e.g., foyers, vestibules, or hallways) of university buildings while open to the public, unless otherwise designated by the university. Areas that are not “common areas” for this purpose include but are not limited to the interiors of computer labs, designated study lounges, classrooms, auditoriums, museums, theatres, lecture halls, offices, gymnasiums, retail shops, and dining or social reception halls, and mailboxes.
   
   1. Those individuals and groups engaged in the distribution of written materials must not litter and are encouraged to pick up any distributed materials dropped on the ground by others around the area of distribution.
   2. An authorized official of the university may remove any written materials left behind or unattended, and the university assumes no responsibility for the safety and care of such materials.
   3. Distribution of materials that violates university policy, including this policy, or state or federal law, is prohibited.
   4. Signs and materials cannot be (i) obscene, (ii) libelous, (iii) directed to inciting or producing imminent lawless action and likely to incite or produce such action, or (iv) true threats, as those terms are legally defined, or otherwise violate university policy.
   5. Distribution of written materials in residence halls is governed by applicable University Housing residence hall policies.
6. Chalking. University Community Members may use water-soluble chalk, easily removed by rain, for Expressive Activity regarding any non-commercial topic on university sidewalks. Other chalk, paint, or similar material is prohibited.
   1. Chalking is prohibited:
      1. On University Property other than university sidewalks. For example, chalking is not permitted on vertical surfaces, buildings, walls, planters, doors, trash receptacles, steps, fountains, benches, tables, signs, poles, columns, bus stops, light posts, and trees;
      2. Underneath any covering where chalk would not be washed away by rainfall; and
      3. Within twenty (20) feet of any entrance or exit of a university building.
   2. Chalking and other markings on University Property that violate university policy, including but not limited to this policy, or state or federal law are subject to removal by an authorized official of the university.
   3. Chalking messages cannot be (i) obscene, (ii) libelous (iii) directed to inciting or producing imminent lawless action and likely to incite or produce such action, or (iv) true threats, as those terms are legally defined, or otherwise violate university policy.
   4. University Community Members and Visitors must not remove or tamper with chalking done by another person or organization, except authorized removal under this policy.
   5. Chalking as permitted by this policy is subject to regular maintenance and cleaning by university personnel acting within the scope of their university duties.

Definitions

“Amplified sound” means sound increased in volume by means of electrical power, such as a public address system, loudspeaker, bullhorn, musical amplifier or any device or machine which is capable of amplifying sound.

“Designated Official” means the individual who has been appointed by the Chancellor or the Chancellor’s designee to manage events and activities and to make decisions about use of specific University Property. If no Designated Official has been appointed for the specific University Property, then the Office of the Vice Chancellor for Administration and Operations (OVCAO) is appointed to manage such decisions with appropriate stakeholders. The OVCAO maintains this list.

“Expressive Activities” means speech, assembly, demonstrations, and any other expression protected under the First Amendment to the U.S. Constitution or Article I of the Constitution of the State of Illinois with the exception of commercial activity. Expression and activities that fall outside First Amendment protection, such as obscenity, defamation, and true threats, are not protected under this policy.

“Noise Disturbance” means an unreasonably loud, disturbing or unnecessary sound which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. Sound measured at or above 85 decibels in an adjacent indoor area 50 feet or more from the source of the noise is presumed to create a noise disturbance unless exempted or authorized by the university; lower sound levels may be determined to be interfering with university activities and operations, depending on location, context, and duration.

“Non-commercial topic” means any campus event, student group activity, job opportunity, current event, news, political cause, opinion and other topics that are not primarily related to a commercial transaction or an advertisement to promote the sale of goods or services.

“Outdoor, publicly accessible areas” means unsecured and unrestricted outdoor spaces of University Property that are generally open and available to the public for use and enjoyment and where University Community Members and Visitors are commonly allowed, unless such areas have been otherwise designated by the university as restricted or reserved.

“University” refers to the University of Illinois Urbana-Champaign

“University Community Members” means all university employees (including faculty members and staff), students, Registered Organizations, Registered Student Organizations.

“University policy” includes University Statutes, General Rules, actions of the Board of Trustees, university policies, codes, rules, regulations, authorized orders or instructions by university officials acting within the scope of their university duties, and rules and policies established by a Designated Official or facility.

“University Property” means all buildings, grounds and other internal and external spaces owned or controlled by the university.

“Visitor” means any individual or group who is not a University Community Member.

 

Processes/Procedures/Guidelines

1. A person engaged in Expressive Activities in compliance with this policy is not subject to discipline by the university. A violation of this policy or applicable law may result in discipline in accordance with applicable university policies and procedures or other consequence, such as potential civil or criminal action in accordance with applicable civil and criminal laws.
2. A Designated Official and authorized university officials acting within the scope of their university duties may determine what actions are necessary to respond to alleged violations of this policy, including but not limited to taking immediate action to prevent ongoing or further policy violations. To the extent practicable, a person in violation of this policy will be instructed to bring their activities into compliance with university policy. A person in violation of this policy also may be directed to depart University Property or any part thereof.
3. Refer to the Demonstration Response Plan for guidance on demonstration response management, planning and procedures.
4. Refer to the Campus Threat Assessment Policy(FO-19) for the campus community’s responsibilities to report and respond to potential indicators and threats of violent behavior, as well as the processes and resources available, and the Violence Prevention and Response Policy(FO-76) for information related to the university’s commitment to safety.
5. Refer to the Nondiscrimination Policy(HR-48) for the policy and associated procedures to address complaints of discrimination or harassment based on the protected categories as set forth in that policy. Reports of discrimination or harassment, or questions regarding this policy, may be directed to the Office for Access and Equity.
6. A University Community Member or Visitor who believes a university official has infringed on their freedom to engage in Expressive Activities permitted by this policy may complete an online complaint form available here. Complaints will be addressed following the processes established by the Office of the Chancellor available here. Complaints may be referred to another university body as may be appropriate, such as alleged violations of the Student Code, alleged violations of the university’s Code of Conduct, or alleged discrimination or harassment based on membership in a protected class as set forth in the Nondiscrimination Policy(HR-48).

Exceptions

This policy does not apply to authorized university operations (e.g., construction and maintenance) or to university personnel carrying out an authorized university service or activity while acting within the scope of their university duties and responsibilities.

References

Building Signage Policy (FO-16)

Campus Threat Assessment Policy (FO-19)

Demonstration Response Plan

General Use of and Access to University Property

Lawn Signs Policy (FO-38)

Nondiscrimination Policy (HR-48)

Open Flame Policy (FO-84)

Outdoor Displays Policy (FO-49)

Reservation of University Property Policy (FO-81)

University of Illinois Statutes

Violence Prevention and Response Policy

Contact

The Office of the Vice Chancellor for Administration and Operations