Free speech & expression
Understanding your rights
The University of New Hampshire is committed to educating and developing its students to be civically and democratically engaged citizens. This page provides a condensed and digestible resource for students to understand the privileges the First Amendment affords, applicable restrictions, as well as resources and answers to commonly asked questions about Free Speech and Lawful Assembly.
The information here is specific to the rights, protections, and limitations that affect students, and is also explained fully in the University's published Policy on Free Expression and Guidelines on Peaceful Dissent.
UNH and the First Amendment
As New Hampshire's flagship university and public research institution, the University of New Hampshire is bound by the First Amendment to the Constitution of the United States of America:
"Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or 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."
Protected speech usually includes the oral or written exchange of ideas, particularly those that contain political, scientific, literary or artistic value. The commitment to free expression is at the core of UNH’s dedication to teaching, research, and public service.
What is free speech?
Free speech is the right to express ideas, opinions, and beliefs — including those that are unpopular or offensive to others — without government or institutional censorship. As a public university, UNH is bound by the First Amendment, which means students, faculty, and staff are free to engage in political expression, protest, and debate.
Free speech is not without limits. Speech that constitutes a true threat, incites imminent lawless action, involves unlawful harassment, or otherwise falls outside constitutional protection is not shielded by the First Amendment and may be addressed through University policy or law. Disagreement with an idea, or discomfort with hearing it, is not grounds for restricting someone else's speech.
When does speech lose First Amendment protections?
Because the First Amendment is intended to allow for the expression of varied perspectives, the presentation of ideas and beliefs that conflict with your own is likely to occur. This can be, at times, uncomfortable as well as emotionally and intellectually challenging. It is, however, an equal right afforded to all persons and perspectives, which the University is legally bound to protect. This does not mean that there aren’t parameters for expressive activities.
The following are forms of speech which are not protected:
- Defamation: Intentionally making false statements about a specific person that has the effect of damaging their reputation with material repercussions.
- Incitement of Violence: Statements that are intended, or likely to provoke, a physically violent response and are directed toward a specific individual.
- Harassment: Speech that targets a specific individual based upon their membership in a protected identity category such as gender, race, or religion, and interferes with their access to educational opportunities.
- Time, Place and Manner: Public entities like UNH are permitted to impose restrictions of expressive activities to appropriate times, locations, and methods of delivery, provided these restrictions are uniformly applied.
- Other examples include:
- Demonstrations that interfere with vehicular or pedestrian traffic, block administrative building entrances and exits, violate fire codes or the law.
- Activities that are determined to pose a risk to personal safety, university property, or security will be denied or rescheduled until such time that adequate and appropriate security can be made available.
- Discussion and reasoned discourse are necessary elements to the educational process so long as it is germane to the course session, but students have no rights to impinge on the freedom of instructors to teach or interfere with other students' right to learn.
Understanding "hate speech"
Because the First Amendment affords rights to free expression, individuals may make statements about other identities' that may feel hurtful or aggressive. Typically, this raises the issue of "hate speech.”
Generally speaking, First Amendment protections include pejorative and even discriminatory language that may be perceived as “hateful," unless it violates one of the aforementioned restrictions. Thus, without minimizing the potential negative impacts of "hate speech," the University recognizes that hate speech is generally protected by the First Amendment.
Using individual rights effectively
College campuses have a long history of respecting and valuing student activism. Our campus has also been a vigorous protector of the First Amendment and students' rights to assemble peaceably and to express their beliefs, experiences, and opinions through speech and media. We take pride in our students' engagement with social and political issues, viewing it as a desirable, if not essential, component of the college experience. However, simply because speech must be legally permitted does not mean that it is always consistent with the University's values.
Therefore, in addition to the Guidelines on Peaceful Dissent, we suggest that students consider how their speech, event, or expressions may be received by their colleagues and peers at UNH, or potential employers in their field of study. We encourage individuals to also review and familiarize themselves with our Community Principles when deciding how and whether to engage in free expression on campus. We must also consider the reputational impacts of our speech. Our words, especially those published online in any format, can have lasting impacts. Some speech that is permissible under campus policy and the law might also bear significant social and societal consequences that are beyond the University's control.
Suggestions and resources for community and self-care
At times, permitted controversial expressive events may pass all legal requirements and isolated incidents of racist, homophobic, or sexist speech may not violate our policies, even when they collide with our community values. How you respond to expression that you disagree with is a personal choice, not one to be made by peers, groups, or the University. The information on this website is provided to help you make an informed choice about how you exercise your right to free speech.
We offer the following suggestions for engagement, self-care, and care for your community:
Plan an alternative event: One of the most effective responses to such events is to develop alternative programming that highlights our community’s commitment to inclusion. This can include educational forums, arts, lectures, dance, or other social events that celebrate identity. Potential collaborators for events are student organizations, student governance bodies or local organizations.
Engagement: If you feel it is safe and healthy to do so, attend the event, ask questions, and express your perspective. Leave the event at any time you feel it is no longer productive or in your best interest to attend.
Intentional Avoidance: Choosing not to engage with an event is your right and a personal choice. There are many indirect and proactive forms of engagement, including non-attendance.
Inter-group collaborations: If an event runs counter to the values or identities of multiple organizations, work together to develop a response that supports group members and the community.
Know your options for lawful protest: All forms of protest must meet Time, Place, and Manner requirements in order to be legally permitted. For more information Review the Guidelines of Peaceful Dissent section of the Freedom of Expression Policy. If you have questions about how to protest within university guidelines and need support, email community.standards@unh.edu.
Invest in your mental health and emotional wellbeing: Participate in the events as you're able. practice self-care, not after-care. after-care is what we do once we're diminished, or when we cannot take anymore. self-care is preventative. it is continuous and will help maintain your peace. Psychological and Counseling Services provides timely, culturally appropriate, and effective mental health services. Contact them if you need assistance, and make this resource known to others in your community.
Submit a bias report: If you believe an event or incident constitutes discrimination or discriminatory harassment, you may report it to the Civil Rights and Equity Office OR to Community Standards in the event that the conduct didn't involve a protected status.
Frequently asked questions
At UNH, we are committed to fostering a community where diverse viewpoints can be shared and explored in a respectful and constructive manner. Whether you find yourself in agreement or disagreement with a candidate, speaker, or peer, these frequently asked questions offer information on how to express your views effectively, responsibly, and within the bounds of university policies.
Understanding your rights and responsibilities is key to meaningful participation in our campus discourse. We encourage you to familiarize yourself with our Freedom of Expression and Guidelines on Peaceful Dissent Policy, which outlines permissible expressive activities. As a public institution, we uphold the principles of free speech while ensuring the safety and rights of all members of our community.
Explore this page for answers to common questions about expressing your views, hosting or attending events, and understanding the role of UNH in political activities. Together, we can create an environment where every voice is heard, and every opinion is valued.
How can I express my views if I disagree with a candidate or speaker that is coming to campus or with my peer?
The key to engaging across differences is to consider each argument in turn. Fortify your counterstatements with evidence and analysis to shape a different conversation. Express ideas freely and with the full understanding that acts of harm, property damage, and activities that hinder ingress and egress do not guarantee approval or immunity from consequences. Students are encouraged to familiarize themselves with the Freedom of Expression and Guidelines on Peaceful Dissent policy which also describes alternative forms of expressive activity.
What are the guidelines for permissible and prohibited expressive activities and demonstrations?
While the First Amendment protects the right to express one’s views, it does not provide license to say and do anything one chooses, nor does it imply immunity from prosecution for illegal acts of wrongdoing. Voluntary compliance with laws or university regulations is the primary objective, and with the understanding that responsible dissent carries with it a sensitivity for the civil rights of others.
Explore the Freedom of Expression and Guidelines on Peaceful Dissent policy for our policy and guidelines in full.
Does UNH extend invitations to political candidates to visit one of our campuses?
Generally, UNH does not invite specific candidates to campus. Campus facilities are rented to campaigns as with other external organizations when we’re approached. Recognized student organizations may invite speakers, including politicians and political candidates, to campus, but these are otherwise not UNH-sponsored events.
Why would UNH host this particular candidate?
As a public institution, UNH has a legal responsibility to provide equal access when approached by a campaign seeking to use campus facilities. If we rent space to any outside organizations, we are required to rent space to all outside organizations. We are not permitted to accept or reject candidates based on their views.
Why doesn’t this department or staff member issue a statement or say something about this speaker or candidate?
UNH employees are not permitted to engage in political activity in their official capacities or using UNH systems, devices, accounts, or resources. This includes posting on departmental social media or issuing statements in their capacity as a staff member endorsing or condemning a particular candidate.
Does UNH make money or lose money by hosting political candidates?
UNH does not make money or lose money by hosting candidates. All external speakers are invoiced for the cost of hosting (facilities rentals, security, etc.), just like other external rental groups.
How does UNH ensure the community is safe during major events?
Law enforcement works extensively with the towns of Durham, Manchester, Concord, other law enforcement agencies, and other staff at UNH to ensure the safety of the community during events. The community also plays an important role in the safety and security of our members. If you suspect violations of law or university policies, please report it to a campus official or to University Police.