University at Buffalo (UB)
At UB, freedom of speech and expression are central tenets of the university.
As a public institution dedicated to upholding the First Amendment, UB recognizes the fundamental right to express differing viewpoints and respects the right to peacefully assemble and protest. The university is also committed to ensuring a safe, welcoming, orderly and inclusive environment for all students, faculty, staff and visitors.
To that end, in preparation for the start of the 2024-25 academic year, UB, through guidance from the SUNY Office of General Counsel, drafted – and has now finalized – clarifying time, place and manner operational language for UB’s assembling and camping policies, along with a new posting policy.
For example, the revised assembly policy emphasizes that assembling must not violate the provisions of the Rules for the Maintenance of Public Order of the SUNY Board of Trustees. Additionally, the university has clarified its camping policy reiterating UB’s commitment to maintaining a safe and healthy campus environment and explicitly prohibiting encampments or camping of any form. UB also developed new rules for posting flyers on campus.
The updated and clarified policies—alongside the Rules for the Maintenance of Public Order of the SUNY Board of Trustees—will now serve as time, place and manner guidance for the university.
The following is a short Q&A addressing some of the proposed changes and clarifications:
Yes. After feedback from the university community, UB has developed clarifying policy language that removes any reference to specific time limits on assemblies or demonstrations.
Instead of enforcing a specific end time for demonstrations, the university is emphasizing safe, peaceful and orderly assemblies on campus that abide by the rules set forth by the SUNY Rules for the Maintenance of Public Order.
That means no interference with entrances to buildings or the flow of pedestrian and vehicular traffic on campus. That also means lawful assemblies in outdoor public spaces are permitted, so long as demonstrations do not disrupt classes, lectures, events, meetings or the operation of university business.
To further ensure demonstrations do not disrupt the learning, living and working environment of the university community, audio amplification equipment will be prohibited if disruptive to university operations.
No. Just as it was prohibited under previous policy, camping is not allowed on campus.
UB clarified its policies specifically to prohibit any indoor or outdoor camping sites so as to “maintain a safe and healthy campus physical environment for all students, faculty, staff, alumni and visitors.”
The university will intervene if there is evidence of any attempt to establish “temporary or permanent living space” on campus other than inside UB residence halls and apartments.
SUNY rules also make clear that no person or demonstrator may enter into and remain in any campus building for any purpose that obstructs its authorized use.
Yes, but they must follow the time, place and manner rules in the policy.
The new policy will allow UB to manage the abundance of flyers, letters, banners, announcements, posters and leaflets posted throughout campus.
Postings will no longer be permitted on walls, doors, windows, trees, poles, bus stops, elevators and other UB property, but instead limited only to designated, general-use bulletin boards on campus.
UB reserves the right to remove the posting if the rules are not followed.
The new policy also prohibits:
Freedom of speech is the right of a person to articulate opinions and ideas without interference or retaliation from the government. The term “speech” constitutes expression that includes far more than just words, but also what a person wears, reads, performs, protests and more.
In the United States, freedom of speech is strongly protected by the First Amendment of the U.S. Constitution, as well as many state and federal laws. The United States’ free speech protections are among the strongest of any democracy; the First Amendment
UB cannot regulate the content of speech unless it falls within one of the very narrow First Amendment exceptions. Those narrow exceptions include speech that explicitly expresses intent to cause immediate bodily harm; incitement of illegal activity, such as if a speaker on campus exhorts an audience to engage in acts of vandalism; and harassment.
UB may also impose “time, place and manner” limitations on speech.
No. The term “hate speech” does not have a legal definition, but often refers to speech that demeans a person or group of people on the basis of race, religion, ethnic origin, sexual orientation, disability or gender. While UB condemns any speech of this kind, there is no “hate speech” exception to the First Amendment and UB must allow even hateful and offensive speech to occur in public forums.
Video: Can universities ban hate speech on campus?
As UB has seen in the past, speakers may hold opinions contrary to its own or make comments that can polarize the campus as they do the nation. This does not change our core beliefs as a university.
The First Amendment protects the right to say hateful things, but that doesn’t mean we condone them as a university. UB holds steadfast to our values of diversity, inclusion and mutual respect. We are committed to fostering a safe, welcoming environment — just as we are committed to freedom of expression.
Generally, for speech to rise to the level of harassment it has to be targeted at a student or group of students; be repeated and pervasive; and be threatening, interfering with an individual’s work or education. In the case of club-sponsored speakers on campus, students and other members of the UB community have the option to attend the event or not.
The Division of Student Life and its team of professionals across campus are available to provide resources for students and members of the UB community who feel personally affected by hurtful speech or harassment.
UB’s Office of Equity, Diversity and Inclusion is also available to assist any members of the university community who have been subjected to targeted harassment or other discriminatory actions.
Again, we state in the strongest possible manner that UB condemns and stands firmly against antisemitism, Islamophobia, and discrimination of any form.
Under the First Amendment, public universities — including UB — cannot disallow student groups and other recognized organizations from inviting speakers to campus based on the content of their speech or the opinions they espouse. UB has no legal option not to allow controversial speakers on campus.
As a public university, UB was built upon the First Amendment and the fundamental right of its community and invited guests to peacefully express their views — even when others disagree. The First Amendment is essential for the free exchange of thought and diversity of opinion, which are at the core of the university’s mission.
At the same time, UB recognizes that offensive speech can be painful or threatening to members of our community, and the fact that UB must allow this speech does not constitute acceptance or an endorsement of repugnant or offensive viewpoints.
No. The First Amendment requires that the university remain viewpoint neutral when it comes to decisions regarding speakers who are invited to campus by student groups or other recognized organizations, even if the viewpoints of the speaker or content of the speech run counter to UB’s values of diversity, inclusion and mutual respect.
The university requires all groups using campus space to abide by university guidelines and state laws concerning the exhibition and management of public events.
As a public university, it is a fundamental value of UB that all members of the campus community and their invited guests have a right to peacefully express their views and opinions, regardless of whether others may disagree with those expressions. This includes the right of protesters to oppose the views or opinions of others, but not in such a way as to limit or prevent the speaker's freedom of expression or interfere with university operations.
Freedom of expression also gives individuals the right to oppose the opinions of others — just as long as it’s done in such a way that doesn’t limit the speaker or interfere with university operations. The university has a legal obligation under the First Amendment to protect speakers from disruption or interference.
The university supports the right to peacefully assemble and protest, but there must be a sense of order on campus where discourse remains civil, non-threatening and does not disrupt the thousands who come to campus each day to study and work.
It is the policy of the university to maintain and encourage full freedom, within the law, of inquiry, teaching, and research. In the exercise of this freedom, faculty members may, without limitation, discuss their own subject in the classroom; they may not, however, per SUNY policy, claim as their right the privilege of discussing in their classroom controversial matter that has no relation to their subject. The principle of academic freedom shall be accompanied by a corresponding principle of responsibility. In their role as citizens, employees have the same freedoms as other citizens. However, in their extramural utterances, employees have an obligation to indicate that they are not institutional spokespersons.
In accordance with SUNY policy, UB does not encourage or discourage personal political activities or donations among its employees.
SUNY policy explicitly states that employees can make political donations and be active in campaigns during non-working hours. They cannot, however, use state resources and time for partisan political purposes. The university expects all employees to abide by this policy.
Yes. As a State University of New York institution, UB must allow individuals or groups, including those who are unaffiliated with the university, to demonstrate or protest in designated outdoor spaces on campus, regardless of whether others may disagree with the viewpoints of the speaker or group. Unaffiliated individuals or groups may demonstrate in outdoor spaces on UB’s campuses, so long as the demonstrations abide by SUNY rules, university policies and state laws concerning the exhibition and management of public events and do not disrupt regular operations.
While the First Amendment gives visitors the right to share their viewpoints on our campuses, individuals have a right to peacefully protest and oppose those viewpoints of others but not in such a way as to limit or prevent a speaker’s freedom of expression.
UB is committed to being a safe, orderly and welcoming place for all people. University Police typically have a presence at on-campus public events and assemblies to help ensure the safety of speakers and attendees.
If you are on campus and feel that your safety is at risk, please contact University Police at (716) 645-2222.
Allowing students to paint the bull outside the Student Union was intended as a fun, creative way for them to express themselves, advertise events or show school pride, but it also has evolved into a public platform for free expression where students with contrasting opinions on issues convey their views.
Anyone from the UB community is allowed to paint the bull between sundown and sunup. Once the sun rises, the bull cannot be painted again until sundown. First to arrive at the bull gets the right to paint it.
There will be times when students, faculty and staff – or the university – may not agree with the message on the statue. Offensive messages are often protected by the First Amendment, and their display would be legally protected until the next individual or group paints a new message under the Paint A Bull rules. Anyone who feels that they are being discriminated against should contact the Office of Equity, Diversity and Inclusion, 406 Capen Hall, Buffalo, New York 14260; Tel. (716) 645-2266; email diversity@buffalo.edu.
For more information about Paint A Bull, visit the Student Union website.