Actually, one of the primary intentions in developing this policy was to ensure that our policies are in line with the Constitution.
Frequently Asked Questions
Note: Issues pertaining to freedom of speech and expression can be very complicated and confusing. This website is intended only to provide a brief outline about freedom of speech and expression, and is not meant to serve as legal advice.
If you are a currently registered Northern Illinois University student, you may wish to contact Students' Legal Assistance at (815) 753-1701 to schedule an appointment in order to discuss a particular question or issue. The Office of the Ombudsperson also provides students, faculty and staff with guidance to help solve a variety of university-related issues or conflicts.
The new policy was drafted as part of a collaborative and consultative process which included the Provost Office, Student Affairs, students, Students' Legal Assistance, our cultural centers, Police and Public Safety, as well as the senior cabinet, university leadership and college deans. The Office of the General Counsel completed a legal review of the policy.
Our new free speech policy stresses that people should be respectful of one another and not descend into what would be termed illegal "hate speech." If that happens, the university is within its rights to take action. However, the first amendment to the Constitution of the United States does not give individuals and groups a Constitutional right not to be offended by something they hear or is said.
We are a community, just like a small city or town, and like cities and towns, people have the presumption of privacy and peace. You don't expect to see free speech activities at five o'clock in the morning outside the door of your house when you're back home. Similarly, we want to make sure that those who exercise their free speech rights on campus are respectful of others and yet permitted to conduct their activities as the law allows.
There is no requirement that there be a counterpoint to every protest or rally. That's not required in the Constitution, and not something that we believe is necessary. Those with contrary view points have the same rights and opportunities to create their own free speech activities.
The public clearly has free speech rights, but this policy is intended to be largely for students, so they feel comfortable expressing viewpoints.
To the same extent that they are protected by the Constitution, yes. However, this policy provides no extra protection or shield that is not already provided by the Constitution.
Police and university administrators will determine if speech/expression has violated the policy. Decisions will be based upon the nature of the event, not the nature of the message being shared – unless it veers into illegal hate speech or otherwise violates the law, in which case the presenters would be asked to stop or face penalties.
Police Chief Tom Phillips has in fact been involved since the very beginning as we have been drafting the policy. He and his team understand the policy very well, and know that they are here only to ensure public safety and not to infringe on anyone's free speech rights.
As long as they conform to the rules (do not create dangerous situations, do not disrupt normal operations, do not use illegal hate speech, etc.) they will face no sanctions.
However, we do strongly encourage that people register free speech events in advance so that the university can make any necessary arrangements for the safety of the campus community, will not conflict with other events, etc. Ultimately, registering will likely allow groups or individuals to share their message more effectively.
Free speech is a separate issue from trigger warnings. Those warnings refer to material that is taught in a classroom. At NIU, a Student Code governs our students' classroom conduct and behavior, and our faculty members have latitude to establish their own ground rules as to how they want to teach their material. If they believe that certain materials may cause some trauma to specific students, we don't believe it is our place to mandate that they should, or should not, apprise those students of the potential for them to feel some lack of comfort.
Everyone has the right to free speech. However, as public employees, NIU employees do have some limitations on what they can advocate while they are on university time and on campus. For example, they are not allowed to campaign for political candidates.
The Bias Action Team will deal with complaints on a case by case basis. We believe we can work to ensure a bias-free campus without abridging the free speech rights of individuals and groups.
Certainly classrooms are an arena where we encourage the free exchange of viewpoints. However, as has always been the case, faculty retain the right to shape the discourse that takes place within their classrooms.
These spaces are considered similar to a classroom in that those in charge of these areas have the right to regulate the tenor of discussion there. Beyond providing a place where those who might be offended can seek relief, these spaces also provide opportunities for those individuals to talk through issues in a non-confrontational space.
Yes, a three person panel consisting of the Executive Vice President and Provost, the Vice President for Finance and Administration and the Vice President for Student Affairs and Enrollment Management or their designees, will consider such appeals. Those appeals would take place after the fact.
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