1.07 USE OF UNIVERSITY PROPERTY FOR FREE EXPRESSION ACTIVITIES

Effective: August 15, 2024

Purpose: To outline the requirements and restrictions on use of University property to engage in Free Expression Activities.

Scope: This policy applies to the University campus wide.

Responsible Office: President’s Office

Policy Statement:

Restrictions

The University’s facilities and grounds shall not be made available for fund raising events for any candidate, party committee or political committee, or for filming or otherwise producing partisan political advertisements.

Permissible Use

Except as prohibited in above, the University’s facilities may be made available for the purpose of holding political meetings, or public forums, provided:

• there is no interference with regularly scheduled functions,
• the person requesting the space can clearly demonstrate that there is not otherwise available a reasonably suitable facility in the community,
• students are permitted to hear the speakers without charge,
• and payment of the regular fees for use of the facilities is made in advance of such use.

University policies regulating availability and use of campus facilities shall 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 Constitution of the United States:

• Freedom of Religion.
• Freedom of Speech.
• Freedom of the Press.
• Right of the People to Peaceably Assemble.
• Right of the People to Petition of Government for a Redress of Grievances.

Outdoor Areas

The outdoor areas of the University’s campus are public forums, open on the same terms to any member of the campus community subject to reasonable time, place, and manner restrictions that are consistent with established principles of the First Amendment to the Constitution of the United States.  Members of the campus community may engage in non-commercial expressive activity in any outdoor area of campus in accordance with published University policies establishing time, place, and manner restrictions. University policies regulating availability and use of campus outdoor areas are included in this policy.

Members of the campus community are permitted to engage in non-commercial chalking in the following areas and locations of campus:

• Sidewalks on campus.
• Pedestrian surfaces in Union Square.
• Pedestrian surfaces on Morse Road.

The University shall not discourage students, faculty, and staff from hearing diverse points of view from speakers and programs sponsored by the University or recognized student, faculty, and employee organizations.  University policies or rules on the advance reservation of rooms, the posting of notices, the payment of rental charges when applicable, and such other rules as the University prescribes for the use of its facilities to avoid interference with the regular program of the institution shall 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 Constitution of the United States.

Nothing in this policy shall be interpreted as prohibiting the University from regulating or restricting expressive activity that is not protected by the First Amendment, such as: false or misleading statements of fact; actual direct threats intended to cause the fear of harm or death; speech intended to cause an immediate and violent reaction; or, incitement to unlawful or illegal action.

Other than the Governor, elected officials and candidates for elected office shall not be introduced or recognized on campus unless they are in attendance at a campus event in an official capacity and at the request of the University.

The distribution of handbills shall be prohibited in those areas devoted primarily to instruction and study or at public events when the handbills are not related to the topic of the public event.

Additional policies and guidelines that are not in conflict with this policy and that are consistent with First Amendment precedent  shall be reviewed by the Board of Regents’ Governance Committee and filed with the President and Chief Executive Officer of the Board.

Free Expression Activities

Members of the campus community may use the campus for activities as described in this policy. Individuals and groups who are not members of the campus community may not use the campus for activities, except as described in the above Permissible Use Section of this policy.

Scheduling

Individuals

The scheduled use of a free expression zone supersedes any unscheduled use of that location.

Subject to the rest of this policy, individuals may make use of a free expression zone, or other public area, when otherwise not in use or scheduled.

Groups

Each group’s event will be scheduled on a first-come, first served basis, with priority, in the case of a scheduling conflict, being given to University sponsored events.

In order to make sure a particular time and/or location is not monopolized, all events must be scheduled one at a time.

Location

No free expression activities may occur inside any University building, arena, or stadium.

The event shall not obstruct access into or out of University facilities and will remain a minimum of thirty (30) feet from all University building or stadium entrances, except in the Free Expression Zone identified as the Union Square.

Individuals may spontaneously gather to engage in non-disruptive expression on all traditionally public areas such as lawns, quads, and green spaces.

Groups must provide a Notification of Intent Form to the University’s Conference & Scheduling Office (Memorial Union) no later than 72 hours prior to the event. The Notification of Intent form must include all of the following information:

• Name, address, and telephone number of primary contact, group, entity, or organization;
• Date and time of event;
• Indicate Free Expression Zone Location (Map available upon request):
• Union Square
• Phipps Sunken Garden
• Open quad between Beach Music Hall, King Hall, Memorial Union, and Roosevelt Hall
• Nature and purpose of the event;
• Type of sound amplification devices to be used (if any); and
• Estimated number of people expected.

The use of amplification devices is limited to Free Expression Zones. In all cases, the volume of any amplification device may not be so loud that it disrupts or disturbs the normal use of University facilities or events (i.e., classroom, laboratories, assembly areas, stadiums, offices, etc.).

Restrictions and Obligations

• Signs no larger than 3' x 5' are permitted.
• One (1) sign per person.
• The event shall not last longer than four (4) hours and shall be scheduled between the hours of 8:00 a.m. and 9:00 p.m.
• Leaflets shall not be placed on vehicles or left unattended due to the creation of excessive trash.
• The University campus and grounds shall be cleaned up and left in its original condition and may be subject to inspection by a University Facility manager. Reasonable charges may be assessed against the sponsoring party and/or responsible contact for the costs of extraordinary clean-up or for repair of damaged property.
• All life safety and sanitation regulations applicable to the event must be addressed and in compliance.
• All temporary utilities, sanitation, and accessibility requirements are the responsibility of the sponsoring party. The University will not provide these items.
• The event shall not obstruct vehicular, pedestrian, or other traffic.
• The event shall not obstruct access into or out of University facilities and will remain a minimum of thirty (30) feet from all University building or stadium entrances, except in the Free Expression Zone identified as the Union Square.
• The event shall not create safety hazards to participants, students, employees, or guests of the University.
• The event must be in compliance and in accordance with applicable University policies and regulations, Kansas Board of Regents policies and regulations, local laws and regulations, and/or state or federal statutes and laws.
• Any person and/or organization found to be non-compliant with this policy, by either the Director of the Memorial Union, the Director of University Facilities, or any executive administrator may be subject to an order from the University Police & Safety Department to leave the campus. Person(s) failing to comply with such an order will be subject to arrest for criminal trespass.

Presidential Authorization

The Emporia State University President (or designee) may authorize free expression activities which are reasonably determined not to cause disruption of the University mission or activities despite a literal violation of this policy. Such determination will be made without consideration of the content or message of the free expression activities.

The Emporia State University President (or designee) may prohibit, cancel, or terminate an event if, after a proper inquiry, it is determined the event constitutes a clear or potential danger to the University’s normal and orderly operations.

Chalking Activities

Noncommercial chalking (not including chalk paint, spray paint, or any other permanent medium) that is consistent with the established principles of the First Amendment to the U.S. Constitution is permitted only on sidewalks on campus and on pedestrian surfaces in Union Square and on Morse Road. Chalking is not permitted in parking lots, on any walls, buildings, or other structures, or on any street on campus open to motor vehicle traffic (not including Morse Road). Chalking is to be done in chalk only. No other types of markers may be used. Chalking may be removed by the University at any time and will be removed after forty-eight (48) hours unless arrangements have been made with the University’s Conference & Scheduling Office for a longer period.

Definitions: All words and phrases shall be interpreted utilizing their plain meanings unless otherwise defined in another University or Board of Regents policy or by statute or regulation.

Campus Community - means students, administrators, faculty and staff at the relevant state university and guests invited to the university by the University’s students, administrators, faculty, or staff.

Candidate – means an individual who:

• Appoints a treasurer or a candidate committee;
• makes a public announcement of intention to seek nomination or election to federal, state, or local office;
• makes any expenditure or accepts any contribution for such person's nomination or election to any state or local office; or
• files a declaration or petition to become a candidate for state or local office.

Groups – Groups of eleven (11) or more.

Individuals – Groups of ten (10) or fewer.

Outdoor Areas of Campus - means the generally accessible outside areas of campus where a majority of students, administrators, faculty, and staff at the University are commonly allowed without ticketed entrance.

Party Committee – means:

• The state committee of a political party regulated by article 3 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto;
• The county central committee or the state committee of a political party regulated under article 38 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto;
• The bona fide national organization or committee of those political parties regulated by the Kansas Statutes Annotated;
• The political committee established by the state committee of any such political party and designated as a recognized political committee for the senate;
• The political committee established by the state committee of any such political party and designated as a recognized political committee for the house of representatives; OR
• The political committee per congressional district established by the state committee of a political party regulated under article 38 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto, and designated as a congressional district party committee.

Political Committee - means any combination of two or more individuals or any person other than an individual, a major purpose of which is to expressly advocate the nomination, election or defeat of a clearly identified candidate for state or local office or make contributions to or expenditures for the nomination, election or defeat of a clearly identified candidate for state or local office but does not include a candidate committee or party committee.

Procedures: All procedures linked and related to the policies above shall have the full force and effect of policy if said procedures have first been properly approved by the University’s administrator in charge of General University procedures.

[General University procedures - coming soon]

Related Policy Information: 1.06 – Interference With the Conduct of the Institution; [K.S.A. 25-4143 - coming soon]