As a public institution bound by the First Amendment of the United States Constitution, the University of Massachusetts Amherst is committed by tradition, law, and by its defining values to protecting the freedom of speech, assembly, thought, inquiry, and artistic expression. The exercise of free speech, including demonstrations, marches, rallies, leafletting, picketing, and more, has long been recognized as a legitimate form of self-expression in the university community. The university encourages the exercise of free speech, acknowledging that free speech and expression in a university community will sometimes include exchanges that are controversial, deeply passionate, and even uncomfortable for members of the university community.

At the same time, the university is committed to the safety and wellbeing of its entire community while also upholding university policy and ensuring that the rights of others are not infringed upon. 

The information below is excerpted or derived from existing university policies including:

• Regulations for the Use of Property (Land Use Policy)
  • Implementation Procedures for the Regulations for the Use of Property (Land Use Policy)
• Picketing Code
• Demonstration Guidelines
• The Academic Personnel Policy (Trustee Policy T76-081)

What is protected under the First Amendment? 
The First Amendment prohibits “abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Courts have long considered speech to be more than just the spoken word when granting it protection under the First Amendment. Expressive activities, including demonstrations and assemblies, are also protected. 

What is not protected under the First Amendment?
Under both university policy and law, speech or expressive activity that incites lawless action or legally constitutes harassment is not protected. This includes defamation, true threats, obscenity, fighting words, the invasion of privacy, and more. Other laws, including the Family Educational Rights and Privacy Act (FERPA), also restrict the university’s speech through a policy lens.

Is hate speech protected speech?
There is no “hate speech” exception to the First Amendment in the U.S. Constitution; speech is protected even when its content can be considered hateful. When speech or action meets the legal criteria for harassment, however, the university is obligated to respond under its Policy Against Discrimination, Harassment, and Related Interpersonal Violence.

What can I do when I encounter speech I find hateful?
In those cases where views are expressed that do not align with the values of the university or members of its community, the university encourages more speech rather than the censorship of that which may be offensive. 

Examples of “more speech” could include holding teach-ins, inviting speakers who hold a dissenting viewpoint, participating in a counter-demonstration, or more. The rights to free speech extend equally to all members of the community and are not limited by the viewpoint expressed. 

Importantly, counter-demonstrations cannot impede the ability of a speaker to express their views, as doing so is considered a violation of their First Amendment rights (an act commonly known as “The Heckler’s Veto”). 

Do students have a right to demonstrate on university property?
Yes. All students, undergraduate and graduate, have a right to demonstrate on university premises. 

Does the general public have the right to demonstrate on university property?
Yes. While UMass Amherst can lawfully reserve its property for its legislatively intended purposes, as a public institution the university encourages public access to its spaces while maintaining priority access for university use. 

Can the university restrict activities or speech based on the viewpoint expressed?
No. As a public entity, the university must be viewpoint-neutral in its application of policy. This means the university’s actions in enforcing its policies regarding an activity must not be influenced by the viewpoints of those engaged in that activity.

While university policies regarding demonstrations are viewpoint-neutral, the university can enforce reasonable time, place, and manner restrictions on expressive activities. For example, the university can limit, disallow, or disband a demonstration or activity which incites immediate, violent action or represents a clear and present danger to the campus community or if for any reason of time, place, or manner of behavior, the demonstration materially disrupts class work or other university business, involves substantial disorder, or invades the rights of others.

Are there places where demonstrations are not permitted?
Yes. For safety and security reasons, under university policy, demonstrators are not allowed to enter or occupy:

• Residence halls
• Private offices
• Laboratories
• Research facilities
• Spaces where classes, events, or private meetings are being held or immediately scheduled to be held
• Libraries
• Facilities or areas containing valuable or sensitive materials, collections, equipment, records protected by law or by existing University policy such as educational records, student-related or personnel-related records, or financial records
• Emergency facilities or any facilities housing communication systems, security, utilities, or other facilities or services vital to the business functions of the University

Can the university restrict the activities (manner) of demonstrators?
To a degree, yes. Demonstrators may enter campus buildings for the purpose of conducting orderly and peaceful demonstrations so long as they do not:: 

• Block access to campus facilities or activities.
• Obstruct an entrance or exit.
• Block traffic or restrict the free movement of individuals.
• Occupy or remain in in a building outside of its official hours.
• Otherwise disrupt the academic or administrative functions of the university. 
• Use amplified sound (bullhorns, PA systems) in a way that disrupts academic or administrative activities of the university.
• Otherwise infringe upon the rights of others.

In these cases, demonstrators will be asked to move to a different location or otherwise modify their behavior to align with the law and university policy. Students should familiarize themselves with the expectations and conduct-related outcomes outlined in Student Code of Conduct. 

Do demonstrations require a permit or reservation? 
Generally, no. However, many university properties are reserved on a first-come, first-served basis for approved uses; reservations ensure that the reserving party has exclusive use of the space during the approved window. 

Demonstrations—like any activity—require a reservation and approval through the Land Use Policy if: 

• The activity will exclusively occupy a space in such a way that other activities (including those previously scheduled for that space) cannot simultaneously happen without disruption.
• The activity requires support from university employees (e.g., facilities management).
• The activity takes place in a space that requires reservations for any use (e.g., academic spaces, the Fine Arts Center, athletic facilities, etc.). 
• The activity includes the construction of structures as defined in the Land Use Policy.

Under university policy, posters, signs, banners, and other materials and literature may be placed or distributed on campus in compliance with specific guidelines and procedures for the location in question. The use of wall space or other surfaces within or on the outside of campus buildings is prohibited.

Can an individual distribute literature (including pamphlets, books, leaflets, etc.) on campus?
Yes. Literature can be distributed so long as it is not:

• Forced upon others.
• Placed on vehicles parked on campus.
• Distributed in such a way to obstruct the free flow of traffic.
• Left in such a way it would be considered litter (e.g., a pile on the ground or an unattended table).

Can posters or flyers be posted on campus? 
Yes, so long as the material:

• Is posted on boards designated for this purpose.
• Includes the name of sponsoring unit or organization.
• Is not posted on unapproved surfaces (e.g., lamp posts, walls, doors, windows).
• Is not posted in a way that damages the surface upon which it is posted.

Is chalking permitted? 

Yes. Chalking is permitted on uncovered exterior horizontal areas such as walkways or sidewalks. It is prohibited on all vertical spaces including building walls and steps and on covered exterior locations.