In Section XII.D, the Handbook of Academic Policies sets forth the Law School’s rules on the time, place, and manner of protest and dissent activity. These rules supplement additional University policies and guidelines.
The following guidance is intended to translate the applicable University and Law School rules as they apply to particular activities, such as classes or events. It may be updated as the Law School or University administration provide additional guidance and policies not described here.
Regardless of the activity or space involved, using or threatening force or violence, such as defacing a sign or assaulting a speaker or a member of the audience, is never permitted. Any interference with freedom of movement or with freedom from personal force or violence is a serious violation of personal rights.
1. HLS Classes
Any form of protest that disrupts the conduct of an HLS class would violate the University-Wide Statement of Rights and Responsibilities’ prohibition against interference with “the performance of the normal duties and activities” of the University. This includes occupying or protesting near classroom ingresses and egresses, including hallways, of Law School academic buildings while classes may be in session.
2. Events
a) Guidelines for Open Events
i) Definition: “Open” meetings and events include those advertised on the Law School’s public calendar requiring no invitation or registration.
ii) Generally: The right to dissent is the complement of the right to speak, but these rights need not occupy the same forum at the same time. The speaker is entitled to communicate their message to the audience during their allotted time, and the audience is entitled to hear the message and see the speaker during that time. The general principle, recurring throughout this more specific guidance, is that a dissenter must not substantially interfere with a speaker’s ability to communicate or an audience’s ability to see and hear the speaker. As defined in the Protest and Dissent Guidelines, “[a] substantial interference is any interference that is nontrivial in either duration or extent. An interference can be substantial, even if minimal in duration, if the interference is sufficiently disruptive or would be expected to disrupt.”
iii) Silent or symbolic protest: Displaying a sign, wearing significant/symbolic clothing, gesturing, standing, or otherwise protesting noiselessly is acceptable unless the protest interferes with the audience’s view or prevents the audience from paying attention to a speaker. Any use of signs, prolonged standing or other activity likely to interfere with the view of anyone in the audience should be confined to the back of a room.
iv) Noise: Responding vocally to a speaker, spontaneously and temporarily, is generally acceptable, especially if reaction against a speaker is similar in kind and degree to reaction in their favor. Chanting or making other sustained or repeated noise in a manner which substantially interferes with a speaker’s communication is not permitted, whether inside or outside an event.
v) Picketing and distributing literature: Distributing literature inside an open meeting is acceptable before the meeting is called to order and after the meeting is adjourned. Activity outside the meeting, such as picketing or distributing literature, is permitted, but such activity must not impede access to the meeting or interfere with the communication inside.
vi) Moderator or facilitator: Senior HLS officials may determine that the protection of free speech at an open meeting requires the use of a moderator or facilitator. For events sponsored by one or more student organizations, the sponsoring organization must select a moderator/facilitator at the time the event is scheduled who is subject to approval by the Office of Community Engagement, Equity, and Belonging. For events organized by administrative departments or research programs at the Law School, the moderator or facilitator need not be so approved. The person selected must be perceived as neutral and non-partisan. They will generally be a member of the HLS or University faculty or administration. At the meeting, the moderator/facilitator must stress that their presence reflects no position for or against the views of the speaker or sponsoring organization.
Final decisions regarding balancing the rights of the speaker with the rights of those who disagree will be made by the moderator/facilitator. This person will have final authority over all decisions, including, but not limited to:
a) whether to eject a disrupter from the room;
b) whether to move an event because of disruption or for security reasons;
c) whether to declare an event closed; and
d) whether to cancel an event because of security concerns.
vii) Audience responsibility: The audience, like the host and the speaker, must respect the right to dissent. A member of the audience or the host organization who substantially interferes with acceptable dissent is violating these guidelines in the same way as a dissenter who violates the rights of the speaker or audience.
b) Guidelines for Closed Events
i) Definition: “Closed” meetings include events requiring an invitation and/or registration, as well as events not advertised on the Law School’s public calendar. For closed meetings, the sharing, swapping, stealing, or other misuse of registration information, Zoom details, name tags, and the like is a violation of these guidelines.
ii) Non-attendees: When a meeting is closed, dissent by non-attendees is limited to activity outside the meeting (for instance, picketing) that does not impede access to the meeting or interfere with the communication inside.
iii) Attendees: Attendees at a closed meeting—i.e., registrants and invitees—may dissent in accordance with the guidelines for dissenters in open events set forth above.
3. Designated Spaces
As set forth in the Supplemental Guidance on the University-wide Statement on Rights and Responsibilities, “[s]chools should take steps to have venues for protest, dissent, and the like in courtyards, quadrangles, and other such spaces, and through the ability to reserve classrooms, event spaces, and/or places for ‘tabling.’” To supplement the existing rules on tabling and room reservation, three outdoor campus locations are designated for orderly demonstrations and protests:
i. The Crossroads at the south end of the WCC,
ii. Holmes Field, and
iii. the Belinda Sutton Quadrangle
The HLS Policy on Campus Postings, Bulletin and Chalkboards applies at all times.