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 the Kansas Board of Regents Statement on Free Expression.

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
“Disorderly Conduct” definition in Student Code of Conduct
“Dissent and Protest” section of Student Organization Handbook
Several sections of Residential Life Handbook (e.g., Harassment, Community Standards, Disorderly Conduct)

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 here.

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