Frequently Asked Questions

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 more than just words, including but not limited to,  what a person wears, reads, performs, or protests.

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 First Amendment protects even speech that many would see as offensive, hateful, or harassing.

Yes. SUNY Brockport 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 (e.g. if a speaker on campus encourages their audience to engage in acts of vandalism), and harassment.

SUNY Brockport may also impose “time, place, and manner” limitations on student speech. For example, limiting disruptive behavior during classroom lectures or prohibiting shouting in residence halls in the middle of the night.

Generally, for speech to rise to the level of harassment it has to be:

• Targeted at a student or group of students
• Repeated and pervasive; and be threatening
• Interfering with an individual’s work or education

SUNY Brockport has no legal option to not allow controversial speakers on campus. Under the First Amendment, public universities — which includes SUNY Brockport — cannot disallow student groups and other recognized organizations from inviting speakers to campus based on the content of their speech or their opinions.

At the same time, SUNY Brockport recognizes that offensive speech can be painful or threatening to members of our community, and the fact that SUNY Brockport must allow this speech does not constitute acceptance or an endorsement of repugnant or offensive viewpoints.

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 the University’s values of diversity, inclusion, and mutual respect.

It can be difficult to see and hear things that challenge your personal beliefs and offend the things you cherish. Academic freedom and freedom of speech  mean that critics cannot silence that with which they disagree — however strongly they may disagree.

Individuals, alone or as part of a group, have the right to respond to a controversial speaker with protected speech of their own. This includes, but is not limited to, talking, circulating literature, displaying signs, and singing. However, they may not threaten a speaker or commit any violent act against a speaker. They also cannot participate in the creation of a situation in which the speaker cannot be heard.

Perhaps the best way to show disagreement with a controversial speakers message is to simply ignore them, denying the attention they are often seeking.

SUNY Brockport is committed to fostering a diverse, inclusive, and safe environment for our community. If you are on campus and feel that your safety is at immediate risk, please contact University Police at (585) 395-2222. If you are off-campus, call 911.