Freedom of Expression

Fort Hays State University is fully committed to the principles of freedom of speech and freedom of expression, and recognizes that these principles are important as both legal rights and in the interest of furthering the University’s academic mission. These web pages are intended to highlight the University’s commitment to these principles and provide useful resources for University stakeholders as they learn about and navigate important issues relating to freedom of expression on campus.

Kansas Board of Regents Freedom of Expression Statement

Fort Hays State University has adopted and incorporates by reference the principles set forth in the Kansas Board of Regents Statement on Free Expression.

All policies shall be construed in a manner consistent with the KBOR statement and shall not be construed to prohibit spontaneous and contemporaneous assembly or distribution of literature, in violation of HB2333, nor in a manner that would result in a conflict with the First Amendment to the U.S. Constitution or any other relevant federal or state laws or regulations concerning freedom of speech or expression. Nothing herein, or in any other University policy or rule, shall be deemed to discourage students, faculty, or staff from hearing differing points of view from speakers and programs sponsored by the University or recognized student, faculty, or employee organizations. Further, with regard to any regulation or restriction of protected speech or expression, this and all other University policies or rules are intended to be content-neutral and limited to narrowly drawn time, place and manner restrictions that are consistent with established principles of the First Amendment to the U.S. Constitution, federal and state law, and shall be construed accordingly.

Key University Policies and Freedom of Expression

In addition to FHSU’s long-standing commitment to freedom of expression in policy and practice, and its adoption of the KBOR Statement on Free Expression, the University has recently updated the following key policies to further highlight principles of Freedom of Expression:

Use of Campus Facilities
Campus Posting Policy
Digital Signage Policy
Acceptable Use of Computing Resources
Website Advertising
Interim Title IX Policy and related language in Judicial Affairs policies
Student Code of Conduct
Student Organization Handbook
Several sections of Residential Life Handbook (e.g., Harassment, Community Standards, Disorderly Conduct)
Interim Title IX Policy

Unless otherwise indicated, you may find the current policy guidance in Administrative Policies and Information Access and Technology Policies.

Frequently Asked Questions

Why is free speech important?

Freedom of speech is one of the rights protected by the First Amendment to the U.S. Constitution. It is also protected under the Kansas state constitution. In addition to being a legal right, freedom of speech and expression is an important value of Fort Hays State University in furtherance of its academic mission and in pursuit of the “marketplace of ideas” that is so important in higher education.

Is all speech protected?

There are some limitations to freedom of speech, or types of “unprotected speech”, such as true threats, incitement to illegal action or imminent violence, fighting words, and unlawful harassment. Additionally, the University is allowed to implement reasonable and content or viewpoint neutral time, place, and manner restrictions on speech or expression in the interest of efficient operations of campus. It is important to remember, however, that these exceptions and limitations are generally going to be narrowly construed.

What about highly offensive speech?

Unless the speech meets one of the narrow exceptions listed above, it is likely that the speech can be considered protected under the First Amendment. Censorship of protected speech, even if the University and/or many members of the University community would consider the speech offensive, is generally not permitted. This is because we are a governmental entity that is subject to the First Amendment, but it is also important in terms of our academic mission to allow for the debating and challenging of divergent ideas and opinions.

What about discrimination or harassment?

Unlawful discrimination or harassment is not protected speech, and is therefore subject to regulation and disciplinary action by the University. It is important to remember, however, that such conduct is specifically defined, and does not necessarily encompass all speech that, while it may be offensive, rude, or distasteful, is not targeting specific individual(s) or otherwise unlawful.

See Additional FAQs.

Curriculum/Orientation Resources

The Foundation for Individual Rights in Education (FIRE) has worked with New York University’s First Amendment Watch to develop and share a number of “lessons” relating to free speech and freedom of expression on college campuses. This material is accessible here, and express permission for its use in curriculum or orientation has been granted.

Freedom of Expression