Spotlight on Speech Codes 2023

Most college students in the United States should be able to expect that freedom of expression will be upheld on their campuses. Public institutions are legally bound by the First Amendment, and the vast majority of private institutions promise their students free speech rights. However, ��ݮ��ƵAPP��’s annual review of our Spotlight database of speech codes reveals most schools maintain policies that infringe on those rights.

Of the 486 schools included in ��ݮ��ƵAPP��’s Spotlight database, 94 earn an overall “red light” rating for maintaining policies that clearly and substantially restrict free speech. 324 earn an overall “yellow light” rating for maintaining policies that impose vague regulations on expression. Just 60 schools earn an overall “green light” rating for maintaining policies that do not seriously imperil free expression. Eight schools earn a “Warning” rating because they do not promise students free speech rights at all.

Below, you can learn more about the methodology, major findings, and the most common types of speech codes ��ݮ��ƵAPP�� found and how to fix them.

If you’d like to encourage a school you care about to revise its speech codes, ��ݮ��ƵAPP�� is here to help! For more information, contact: speechcodes@thefire.org.

Methodology

FIRE rated 375 four-year public institutions and 111 top private institutions on the extent to which their written regulations on student expression restrict free speech.

��ݮ��ƵAPP�� rated 375 four-year public institutions and 111 top private institutions

A red light institution maintains at least one policy that both clearly and substantially restricts freedom of speech, or bars public access to its speech-related policies by requiring a university login and password for access.

A yellow light institution maintains policies that could too easily be applied to suppress protected speech, or maintains policies that, while clearly restricting freedom of speech, restrict relatively narrow categories of speech.

If ��ݮ��ƵAPP�� finds that a university’s written policies do not seriously threaten campus expression, we award it a green light rating. (The speech code ratings do not take into account a university’s “as-applied” violations of student speech rights or other cases of censorship. For a look at the campus climate at top colleges that incorporates such factors, view ��ݮ��ƵAPP��’s annual .

When a private university clearly and consistently states that it holds a certain set of values above a commitment to freedom of speech, ��ݮ��ƵAPP�� gives it a Warning rating to warn prospective students and faculty members of this fact.

Major findings

The percentage of schools earning an overall red light rating increased for the first time in 15 years, from 18.5% last year to 19.3% this year (13.9% of public schools and 37.8% of private schools). This reverse in progress was caused, in part, by the Minnesota State Colleges and Universities system, which adopted a new, restrictive harassment policy that caused all of its rated institutions to be downgraded to an overall red light rating.

66.7% of institutions now earn an overall yellow light rating (70.7% of public schools and 53.2% of private schools).

FIRE was pleased to welcome the University of North Carolina at Asheville and the University of South Florida to the green light list this year, bringing the total number of overall green light schools to an all-time high of 60 (14.9% of public schools and 3.6% of private schools).

Eight schools, or 1.6%, earn a Warning rating. Six private schools and two public military academies earn this rating for clearly placing other values above free expression rights.

In contrast to restrictive speech codes, 92 university administrations or faculty bodies have now adopted free speech policy statements modeled after the “Report of the Committee on Freedom of Expression” at the University of Chicago (the “Chicago Statement”), actively committing their institutions to upholding freedom of expression. This year, lawmakers and university regents took action to enshrine a commitment to free expression in official policy at public institutions in the state of Ohio and at all University of Texas institutions, respectively.

Common speech codes and how to fix them

Below are some of the most common types of restrictive speech codes ��ݮ��ƵAPP�� found while reviewing colleges for this report. “��ݮ��ƵAPP��’s Model Code of Student Conduct” and “Model Speech Policies for College Campuses” webpages provide examples of how to regulate these areas without infringing on speech.

FIREs Model Code of Student Conduct

FIREs Model Speech Policies for College Campuses

Harassment and bullying policies

Harassment isn’t protected by the First Amendment, but schools typically define harassment and bullying so broadly that their policies encompass protected speech. For example, Adams State University defines sexual harassment as “unwelcome conduct that is of a sexual nature or is based on a person’s actual or perceived sex, gender,” or other enumerated category, including “verbal, nonverbal, or physical conduct of a sexual nature.”^[1]

To protect free speech, schools must use the Supreme Court’s standard for peer harassment in the educational setting: defining “harassment” as conduct that is “so severe, pervasive, and objectively offensive, and that so undermines and detracts from the victims’ educational experience, that the victim-students are effectively denied equal access to an institution’s resources and opportunities.”^[2]

Civility policies

While a university has every right to promote a tolerant and respectful atmosphere on campus, a university that claims to respect free speech must not limit discourse to only the inoffensive and respectful. However, many schools have policies that effectively require compliance with certain civility standards. Evergreen State College goes so far as to say: “Civility is not just a word; it must be present in all our interactions.”^[3]

Schools should use clearly aspirational language when discussing civility to avoid creating a chilling effect on free speech.

Bias reporting policies

Most campuses have some form of a “bias incident” reporting system: a mechanism for reporting speech or conduct motivated by bias toward a particular characteristic. While some of these policies only exist to provide support to those impacted by such incidents, most impose vague consequences for engaging in what is often constitutionally protected expression.

For example, Bates College states that examples of bias incidents include “hate speech,” “sexist jokes,” and “disparaging remarks on social media sites.”^[4] The college explicitly “reserves the right to address bias incidents that do not rise to the level of a policy violation” through actions such as “education and training,” “remedial and supportive actions,” and “other Informal Resolution mechanisms.”^[5]

Instead of arbitrarily punishing students for speech that violates overbroad policies, colleges should make clear their bias reporting teams will not investigate or discipline protected speech, and that any participation in informal resolution mechanisms like “education and training” is voluntary.

Protest and demonstrations policies

Universities may enact reasonable, narrowly tailored “time, place, and manner” restrictions that prevent demonstrations from unduly interfering with the educational process.^[6] Far too many schools, however, regulate events on the basis of content or viewpoint, or maintain regulations that place prior restraints or other unreasonable burdens on public expression.

The University of Massachusetts Dartmouth, for example, tells students they must inform campus police 48 hours in advance of using the university’s sole area for demonstrations.^[7]

Institutions must instead allow students to spontaneously use publicly available, outdoor areas of the campus for public expression. Without the ability to do so, students are prevented from responding to new and unfolding events.

Posting and distribution of materials policies

Universities often unreasonably restrict posting or distributing of written materials on campus. Kean University, for one, requires students to reserve an area for distributing materials five days in advance of the activity.^[8]

Students must not be prevented from spontaneously distributing materials on campus, nor may they be prevented from posting written materials without first seeking permission.

Technology usage policies

Universities are no more permitted to infringe on free speech online than on the campus quad. Nonetheless, regulations on online speech are frequently in far worse shape than policies governing in-person speech, often placing impermissible restrictions on the content or viewpoint of expression.

Delaware State University’s policy, for example, bans users of any university technology, including the campus internet, from causing “offense to others” and even from causing “embarrassment” to the university itself.^[9]

Instead, colleges should only ban speech and conduct that is not protected under First Amendment standards, such as harassment and true threats.

Notes

[1]Adams State University Student Handbook, ADAMS ST. UNIV. at 13, https://drive.google.com/file/d/0B8wl1ArVquL1YWY5LVVScFJFS00/ (last visited Nov. 29, 2022).

[2]Davis v. Monroe County Bd. of Educ., 526 U.S. 629, 633 (1999).

[3]Evergreen’s Social Contract, EVERGREEN ST. UNIV., https://www.evergreen.edu/about/evergreens-social-contract (last visited Nov. 29, 2022).

[4] Policy: Section V, BATES COLLEGE, https://www.bates.edu/here-to-help/policies/equal-opportunity-policy/policy-section-v (last visited Nov. 29, 2022).

[5]Id.

[6]See Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989).

[7]Public Forum Use of University Facilities, UNIV. OF MASSACHUSETTS DARTMOUTH (Aug. 24, 2010), https://www.umassd.edu/policies/active-policy-list/facilities-operations-and-construction/public-forum-use-of-university-facilities.

[8]Distribution of Literature Policy, KEAN UNIV., https://www.kean.edu/offices/policies/distribution-literature-policy (last visited Nov. 29, 2022).

[9]Acceptable Use Policy, DELAWARE ST. UNIV. at 3 (July 11, 2011), available at https://www.desu.edu/about/administration/university-policies-procedures/information-technology-policies.

Appendix

Schools By Rating

Red

Adams State University	Alabama A&M University	Amherst College	Bates College
Bemidji State University	Boston College	Boston University	California Institute of Technology
California State University - Dominguez Hills	California State University - Fresno	California State University - Monterey Bay	Carleton College
Case Western Reserve University	Cheyney University of Pennsylvania	Chicago State University	Clark University
Colgate University	College of the Holy Cross	Connecticut College	Dakota State University
Delaware State University	Dickinson College	Drexel University	Eastern Illinois University
Evergreen State College	Fordham University	Fort Lewis College	Framingham State University
Furman University	Georgetown University	Grinnell College	Haverford College
Howard University	Indiana State University	Kean University	Lafayette College
Lake Superior State University	Lehigh University	Lewis-Clark State College	Lincoln University
Louisiana State University - Baton Rouge	Loyola Marymount University	Macalester College	Marquette University
Metropolitan State University	Middlebury College	Mount Holyoke College	Nicholls State University
Northeastern University	Northern Vermont University	Northwestern University	Portland State University
Princeton University	Reed College	Rensselaer Polytechnic Institute	Rice University
Saint Cloud State University	Santa Clara University	Shawnee State University	Skidmore College
Southern Illinois University at Carbondale	Southern Illinois University Edwardsville	Southern Oregon University	Southwest Minnesota State University
St. Olaf College	State University of New York - Fredonia	State University of New York - New Paltz	Stevens Institute of Technology
Tennessee State University	The College of New Jersey	Troy University	Tufts University
Tulane University	Union College	University of Alaska Anchorage	University of Alaska Fairbanks
University of Central Oklahoma	University of Houston-Downtown	University of Louisiana at Monroe	University of Louisiana Lafayette
University of Massachusetts at Lowell	University of Miami	University of Notre Dame	University of Texas at Dallas
University of Washington	University of Wisconsin - Oshkosh	University of Wyoming	Utah State University
Valdosta State University	Villanova University	Virginia State University	Western Michigan University
Westfield State University	Winona State University

Yellow

Alabama State University	American University	Angelo State University	Arkansas State University
Athens State University	Auburn University Montgomery	Ball State University	Bard College
Barnard College	Baruch College	Black Hills State University	Bloomsburg University of Pennsylvania
Boise State University	Bowdoin College	Bowling Green State University	Brandeis University
Bridgewater State University	Brooklyn College, City University of New York	Brown University	Bryn Mawr College
Bucknell University	California Maritime Academy	California Polytechnic State University	California State Polytechnic University, Pomona
California State University - Bakersfield	California State University - Channel Islands	California State University - Chico	California State University - East Bay
California State University - Fullerton	California State University - Long Beach	California State University - Los Angeles	California State University - Northridge
California State University - Sacramento	California State University - San Bernardino	California State University - San Marcos	California State University - Stanislaus
Cameron University	Carnegie Mellon University	Central Connecticut State University	Central Michigan University
Central Washington University	Centre College	Christopher Newport University	Clemson University
Coastal Carolina University	Colby College	College of Charleston	Colorado College
Colorado School of Mines	Colorado State University	Colorado State University Pueblo	Columbia University
Cornell University	Dartmouth College	Davidson College	DePaul University
DePauw University	East Stroudsburg University of Pennsylvania	East Tennessee State University	Eastern Michigan University
Eastern New Mexico University	Eastern Washington University	Ferris State University	Fitchburg State University
Florida A&M University	Florida Atlantic University	Florida Gulf Coast University	Florida International University
Fort Hays State University	Franklin & Marshall College	Frostburg State University	George Washington University
Georgia Gwinnett College	Georgia Institute of Technology	Georgia Southern University	Georgia State University
Gettysburg College	Governors State University	Grambling State University	Grand Valley State University
Hamilton College	Harvard University	Harvey Mudd College	Henderson State University
Humboldt State University	Hunter College, City University of New York	Idaho State University	Illinois State University
Indiana University - Bloomington	Indiana University - Kokomo	Indiana University - Purdue University Columbus	Indiana University - Purdue University Indianapolis
Indiana University of Pennsylvania	Indiana University South Bend	Indiana University, East	Indiana University, Northwest
Indiana University, Southeast	Iowa State University	Jacksonville State University	James Madison University
Johns Hopkins University	Kennesaw State University	Kent State University	Kentucky State University
Kenyon College	Knox College	Kutztown University of Pennsylvania	Lock Haven University of Pennsylvania
Longwood University	Louisiana Tech University	Mansfield University of Pennsylvania	Marshall University
Massachusetts College of Liberal Arts	Massachusetts Institute of Technology	Metropolitan State University of Denver	Miami University of Ohio
Michigan State University	Middle Georgia State University	Middle Tennessee State University	Millersville University of Pennsylvania
Missouri State University	Missouri University of Science & Technology	Montana State University	Montana Tech of the University of Montana
Montclair State University	Morehead State University	Murray State University	New College of Florida
New Jersey Institute of Technology	New Mexico State University	New York University	Norfolk State University
North Carolina A&T State University	North Dakota State University	Northeastern Illinois University	Northern Illinois University
Northern Kentucky University	Northern Michigan University	Northwestern Oklahoma State University	Northwestern State University
Oakland University	Oberlin College	Occidental College	Ohio University
Oklahoma State University - Stillwater	Old Dominion University	Pennsylvania State University - University Park	Pennsylvania Western University, California
Pennsylvania Western University, Clarion	Pittsburg State University	Pitzer College	Pomona College
Queens College, City University of New York	Radford University	Rhode Island College	Rogers State University
Rowan University	Rutgers University - New Brunswick	Saginaw Valley State University	Salem State University
Sam Houston State University	San Diego State University	San Francisco State University	San Jose State University
Scripps College	Sewanee, The University of the South	Slippery Rock University	Smith College
Sonoma State University	South Dakota State University	Southeast Missouri State University	Southeastern Louisiana University
Southern Connecticut State University	Southern Methodist University	Southern Utah University	Stanford University
State University of New York - Binghamton	State University of New York - Oswego	State University of New York - Albany	State University of New York - University at Buffalo
State University of New York College of Environmental Science and Forestry	Stockton University	Stony Brook University	State University of New York - Geneseo
Swarthmore College	Syracuse University	Tarleton State University	Temple University
Tennessee Technological University	Texas Southern University	Texas State University - San Marcos	Texas Tech University
Texas Woman's University	The City College of New York	The Ohio State University	The University of Virginia's College at Wise
Towson University	Trinity College	University of Akron	University of Alabama
University of Alabama at Birmingham	University of Alabama in Huntsville	University of Alaska Southeast	University of Arkansas - Fayetteville
University of California Berkeley	University of California Davis	University of California Irvine	University of California Merced
University of California Riverside	University of California San Diego	University of California Santa Barbara	University of California Santa Cruz
University of Central Arkansas	University of Central Florida	University of Central Missouri	University of Cincinnati
University of Colorado Denver	University of Connecticut	University of Delaware	University of Denver
University of Georgia	University of Hawaii at Manoa	University of Hawaii Hilo	University of Houston
University of Idaho	University of Illinois at Chicago	University of Illinois at Springfield	University of Illinois at Urbana-Champaign
University of Iowa	University of Kansas	University of Kentucky	University of Maine
University of Maine at Fort Kent	University of Maine Presque Isle	University of Mary Washington	University of Massachusetts - Amherst
University of Massachusetts - Boston	University of Massachusetts at Dartmouth	University of Memphis	University of Michigan - Ann Arbor
University of Michigan - Dearborn	University of Michigan - Flint	University of Minnesota - Morris	University of Minnesota - Twin Cities
University of Missouri - Columbia	University of Missouri - Kansas City	University of Missouri - St. Louis	University of Montana
University of Montana Western	University of Montevallo	University of Nebraska - Lincoln	University of Nebraska Omaha
University of Nevada, Las Vegas	University of Nevada, Reno	University of New Mexico	University of New Orleans
University of North Alabama	University of North Georgia	University of North Texas	University of Northern Colorado
University of Northern Iowa	University of Oklahoma	University of Oregon	University of Pennsylvania
University of Pittsburgh	University of Rhode Island	University of Richmond	University of Rochester
University of South Alabama	University of South Carolina Columbia	University of South Dakota	University of South Florida at Saint Petersburg
University of Southern California	University of Southern Indiana	University of Southern Maine	University of Texas at Arlington
University of Texas at Austin	University of Texas at El Paso	University of Texas at San Antonio	University of Texas at Tyler
University of Texas Rio Grande Valley	University of Toledo	University of Tulsa	University of Utah
University of Vermont	University of West Alabama	University of West Florida	University of West Georgia
University of Wisconsin - Eau Claire	University of Wisconsin - Green Bay	University of Wisconsin - La Crosse	University of Wisconsin - Madison
University of Wisconsin - Stout	University of Wisconsin Milwaukee	Utah Valley University	Vanderbilt University
Vassar College	Virginia Commonwealth University	Virginia Polytechnic Institute and State University	Wake Forest University
Washington and Lee University	Washington State University	Washington University in St. Louis	Wayne State University
Weber State University	Wellesley College	Wesleyan University	West Chester University of Pennsylvania
West Virginia University	Western Illinois University	Western Kentucky University	Western Oregon University
Western Washington University	Wheaton College	Whitman College	Wichita State University
William Paterson University	Williams College	Winston-Salem State University	Worcester Polytechnic Institute
Worcester State University	Wright State University	Yale University	Youngstown State University

Green

Alcorn State University	Appalachian State University	Arizona State University	Auburn University
Claremont McKenna College	Cleveland State University	Colorado Mesa University	Delta State University
Duke University	East Carolina University	Eastern Kentucky University	Elizabeth City State University
Emory University	Fayetteville State University	Florida State University	George Mason University
Jackson State University	Kansas State University	Keene State College	McNeese State University
Michigan Technological University	Mississippi State University	North Carolina Central University	North Carolina State University
Northern Arizona University	Oregon State University	PennWest Edinboro	Plymouth State University
Purdue University	Purdue University Fort Wayne	Purdue University Northwest	Shippensburg University
State University of New York - Brockport	State University of New York - Plattsburgh	Texas A&M University	The College of William & Mary
University of Arizona	University of California Los Angeles	University of Chicago	University of Colorado at Boulder
University of Florida	University of Louisville	University of Maryland - College Park	University of Mississippi
University of New Hampshire	University of North Carolina - Pembroke	University of North Carolina at Asheville	University of North Carolina Chapel Hill
University of North Carolina Charlotte	University of North Carolina Greensboro	University of North Carolina School of the Arts	University of North Carolina Wilmington
University of North Dakota	University of North Florida	University of South Florida	University of Southern Mississippi
University of Tennessee Knoxville	University of Virginia	Western Carolina University	Western Colorado University

Warning

Baylor University	Brigham Young University	Hillsdale College	Pepperdine University
Saint Louis University	United States Military Academy	United States Naval Academy	Yeshiva University

Rating Changes, 2021–2022 Academic Year

School	2020-2021 Rating	2021-2022 Rating
Amherst College	Yellow	Red
Barnard College	Red	Yellow
Bemidji State University	Yellow	Red
Dakota State University	Yellow	Red
DePauw University	Red	Yellow
Harvey Mudd College	Red	Yellow
Haverford College	Yellow	Red
Johns Hopkins University	Red	Yellow
Loyola Marymount University	Yellow	Red
Metropolitan State University	Yellow	Red
Nicholls State University	Yellow	Red
Saint Cloud State University	Yellow	Red
Southwest Minnesota State University	Yellow	Red
University of Central Missouri	Red	Yellow
University of Illinois at Chicago	Red	Yellow
University of North Carolina at Asheville	Yellow	Green
University of South Florida	Yellow	Green
University of Tulsa	Red	Yellow
University of Washington	Yellow	Red
Westfield State University	Yellow	Red
Winona State University	Yellow	Red

Schools At Which A Faculty Or Administrative Body Has Adopted A Version Of The ‘Chicago Statement’

Adrian College	American University	Arizona State University	Ashland University
Ball State University	Board of Regents: State of Iowa	Boston University	Bowling Green State University
Brandeis University	California State University Channel Islands	Case Western Reserve University	Chapman University
Christopher Newport University	City University of New York	Claremont McKenna College	Clark University
Cleveland State University	Colgate University	Colorado Mesa University	Columbia University
Denison University	DePauw University	Eckerd College	Franklin & Marshall College
George Mason University	George Washington University	Georgetown University	Gettysburg College
Jacksonville State University	Johns Hopkins University	Joliet Junior College	Jones County Junior College
Kansas Board of Regents	Kenyon College	Kettering University	King University
Louisiana State University System	Miami University	Michigan State University	Middle Tennessee State University
Nevada System of Higher Education	Northern Illinois University	Ohio State University	Ohio University
Ohio Wesleyan University	Princeton University	Purdue University System	Ranger College
Shawnee State University	Smith College	Snow College	South Dakota University System
Southern Methodist University	Southern Utah University	St. Mary's University	State University of New York - University at Buffalo
State University System of Florida	Stetson University	Suffolk University	Tennessee Technological University
The Citadel	University of Akron	University of Alabama System	University of Arizona
University of Arkansas at Little Rock	University of Cincinnati	University of Colorado System	University of Denver
University of Louisiana System	University of Maine System	University of Maryland	University of Massachusetts Boston
University of Minnesota	University of Missouri System	University of Montana	University of Nebraska System
University of North Carolina System	University of Richmond	University of Southern Indiana	University of Texas System
University of Toledo	University of Virginia	University of Virginia College at Wise	University of Wisconsin System
Utica College	Vanderbilt University	Washington and Lee University	Washington University in St. Louis
Wheaton College	Winthrop University	Wright State University	Youngstown State University

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