- Purpose
The purpose of the Freedom of Speech and Expressive Activity Policy is (1) to protect the free speech rights (Expressive Activities) of individuals on the Lamar State College Port Arthur (LSCPA) campus and off-site locations; (2) to preserve LSCPA’s primary academic mission; and (3) to protect the health and safety of the LSCPA community. In accordance with state and federal law, as well as Chapter VII, Subparagraph 3.1 of the Texas State University System (TSUS) Rules and Regulations, LSCPA established the following reasonable time, place, and manner restrictions. Any restriction listed below applies equally to individuals and groups, regardless of viewpoint.
In the event of a conflict between this policy and the TSUS Rules and Regulations, the Rules and Regulations shall control.
- Scope
Enrolled students and employees of Lamar State College Port Arthur (LSCPA) are permitted to engage in expressive activities in common outdoor areas in accordance with this policy.
Nothing in this policy may be construed to limit or infringe on a person’s right to freedom of speech or expression protected by the First Amendment to the United States Constitution or by Section 8, Article I of the Texas Constitution.
- Definitions
3.1.Amplified sound. Sound volume that is increased by any electric, electronic, mechanical, or motor-powered means. Shouting, group chanting, and acoustic musical instruments are exempt from this definition and are not subject to the special rules on amplified sound but are subject to general rules on disruption and noise violation.
3.2.Antisemitism. Antisemitism means a certain perception of Jews that may be expressed as hatred toward Jews, including rhetorical and physical acts directed toward individuals, property, community institutions, or religious facilities.
3.3.Commercial Speech. Speech or writing on behalf of a business with the intent of earning revenue or a profit.
3.4.Limited Public Forums. Limited public forums include the streets, sidewalks, or other common outdoor areas owned or leased by LSCPA except for any areas the President designates as a public forum.
3.5.Designated Public Forum. Stillwell Plaza
. 3.6Disruptive activities means:
3.6.1.Obstructing or restraining the passage of persons to the campus or an area of the campus or to an exit, entrance, or hallway of any building without the authorization of LSCPA administration;
3.6.2.Disrupting and/or preventing or attempting to prevent by force or violence or the threat of force or violence any lawful assembly authorized by LSCPA administration. A lawful assembly is disrupted when a person in attendance is rendered incapable of participating in the assembly due to the use of force or violence or a reasonable fear of force or violence.
Seizing control of an area of the LSCPA Campus, grounds, or any building or portion of a building for the purpose of interfering with any administrative, educational, research, or other authorized activity; or
3.7.Expressive Activities. Any speech or expressive conduct protected by the First Amendment to the United States Constitution or by Section 8, Article I, Texas Constitution, and includes assemblies, protests, speeches, the distribution of written material, the carrying of signs, and the circulation of petitions. The term does not include commercial speech.
3.8.External Speaker. Any individual who is not a current student, faculty, or staff member of LSCPA.
3.9.Grounds. All common outdoor areas on LSCPA Campus.
- Disruptive Activities
The College strictly enforces the TSUS Rules and Regulations’ prohibition of disruptive activities (see Chapter VI, Subparagraph 5.4 and Chapter VII, Subparagraph 3.7) on the LSCPA Campus. Any person who violates the prohibition will be subject to any remedies provided by law and the TSUS Rules and Regulations, including, but not limited to, removal from campus, the student or employee disciplinary process, or criminal prosecution.
- College Grounds.
5.1.Designated Public Forum
The College explicitly designates Stilwell Plaza as a public forum. Only enrolled students and College employees may engage in expressive activities at Stillwell Plaza.
5.2.Limited Public Forum
Except for Stilwell Plaza, all common outdoor areas of LSCPA are limited public forums for the expressive activities of LSCPA’s students and employees.
LSCPA owned or occupied facilities used for dedicated institutional business are nonpublic forums, unless they are common outdoor areas or are otherwise designated a public forum by LSCPA. Such nonpublic spaces include, but are not limited to, residence halls, dining halls, academic and administrative buildings, athletics and recreational facilities, and parking lots, etc.
5.3. Destruction of Property
Destruction, alteration, or appropriation of LSCPA property is strictly prohibited. For example, a person may not lower the U.S. or state flag and raise another flag in its place as doing so would constitute the unauthorized appropriation of LSCPA property.
- Speech, Expression, and Assembly
The following time, place, and manner restrictions shall apply to all Expressive Activities on College grounds:
6.1.Expressive Activities must not at any time interfere with or disrupt the academic mission of the College.
6.2.No table, temporary structure, or equipment associated with an Expressive Activity may block or interfere with the means of entrance or egress to any College building, facility, or classroom.
6.3.All tables and chairs must remain within the reserved space for the duration of the activity.
6.4.Use of amplified sound must comply with the restrictions contained in the Amplified Sound section of this Policy.
6.5.Some areas of the College may be reserved by external groups. Fees may apply.
6.6.Improper use of any College equipment or policy may result in loss of reservation and use privileges.
6.7.Expressive Activities must follow the procedures in the Emergency Operations Plan. The number of individuals attending an event may be limited to ensure the safety of the audience.
-
Identification
All LSCPA students and employees must present valid identification upon request by a peace officer or authorized LSCPA personnel.
A person engaged in expressive activities may not obstruct the enforcement of LSCPA’s rules and policies, or applicable laws by avoiding identification, by intimidating others, or by interfering with LSCPA’s employees or peace officer’s lawful performance of a duty.
-
Reservations
8.1.Assembly and distribution of written material is permitted in the Stilwell Plaza in front of the Gates Memorial Library during normal college operating hours provided the activity complies with this policy, is lawful, and does not disrupt the functioning of the College.
8.2.Other indoor and outdoor areas (grounds) of the College are available for reservation. Reservations are requested through the Business Manager / Event Coordinator by a representative of the sponsoring student, faculty, or staff organization. Reservations may be denied if the activity is scheduled at the same or similar time as another College function or meeting.
-
Time Limitations
9.1 Expressive activity between the hours of 10 p.m. and 8 a.m. is not permitted if the expressive activity can be heard from the campus residence halls.
9.2 During the last two weeks of the Fall Semester, Spring Semester, and Summer I and Summer II terms, any person engaging in expressive activities as defined in this policy is not permitted to materially and substantially disrupt the functioning of the institution by inviting speakers to speak on campus, by using a device to amplify sound, or by using drums or other percussive instruments.
-
Amplified Sound
To preserve the academic and core business of the College, the use of amplified sound is restricted to certain times and designated areas. Use of amplified sound is permitted subject to the following:
10.1.Individuals engaging in expressive activities on campus during class hours or during scheduled final exams may not use amplified sound if such amplification interferes with campus operations or interferes with a college employee’s or a peace officer’s lawful performance of a duty or effectively denies a student equal access to the institution’s programs or activities (e.g., sound that is objectively intimidating or disruptive).
10.2. Location. Use of amplified sound is permitted only in Stilwell Plaza or in reserved areas with an approved reservation.
10.3. Reservation. An amplified sound request must be made in conjunction with a reservation request.
10.4. Frequency. Organizations are allowed one (1) amplified sound event per week. Only one (1) amplified sound event at a time is permitted in each designated area.
10.5. Volume. All sound levels will be determined by LSCPA based on class and campus activity schedules and shall not disrupt the academic mission of the College.
-
External Speakers
11.1. Only recognized student, faculty, or staff organizations and college academic or administrative units may request authorization to invite an external speaker to speak at the College. External Speakers who have not been sponsored or invited by a registered student, faculty, or staff organization or by the LSCPA administration may not speak to groups in campus facilities and buildings unless the speaker is speaking to an off-campus organization that has been approved under the procedures provided in Chapter VII, Subparagraph 3.24 of the TSUS Rules and Regulations. No invitation shall be issued to an External Speaker without the prior written approval of the LSCPA president.
11.2. Any speaker request shall be made in writing to the LSCPA president by an officer of a registered student, faculty, or staff organization, or by an LSCPA administrative officer desiring to sponsor the proposed speaker no later than fourteen (14) business days prior to the date of the proposed speaking engagement.
11.3.Campus-Sponsored Events & Speaker Disclaimers
If a registered campus organization or student group sponsors an assembly or an approved outside speaker in a designated public area, the group must clarify that the 1) invitation is from the group (not the College or the Texas State University System) and 2) any views expressed are solely those of the speaker.
-
Banners, Exhibits, Chalking, and Structures
12.1. Recognized Student Organizations, faculty, and staff may hang banners and display exhibits on campus after approval by the President or Dean of Student Services. Banners, flyers, or posters may not be affixed in any way to campus trees for any purpose. No written materials may be permanently placed.
12.2.Outside groups or individuals are not permitted to hang banners or to display exhibits on any LSCPA property.
12.3.Chalking (use of chalk to write on LSCPA property) is prohibited unless it is an assignment in a LSCPA course or a Student Services activity.
12.4. No permanent or semi-permanent structures are permitted on LSCPA property. Temporary structures are only permitted in Stillwell Plaza from 8am-5pm or during the reservation period if an area has been reserved. Camping is prohibited pursuant to Texas Penal Code section 48.05 and this policy.
12.5. Anyone who erects a temporary structure, display, or exhibit assumes full responsibility for the structure, display, or exhibit, including all injuries or hazards that may arise from it. The College shall not be liable for any damage that may occur to the structure, display, or exhibit, and any person or organization sponsoring the structure, display, or exhibit shall indemnify the College for any claims arising from their presence on campus.
13. Disciplinary Process
13.1.Students who violate this policy will be subject to appropriate discipline under LSCPA’s Student Handbook, up to and including expulsion from LSCPA.
13.2.Staff who violate this policy will be subject to appropriate discipline under LSCPA’s Policy and Procedure Manual, up to and including termination.
13.3.Faculty who violate this policy will be subject to appropriate discipline under Chapter V, Paragraph 4 of the TSUS Rules and Regulations, up to and including termination.