UNC AFSA Comments on Proposed UNC Campus Gatherings Policy

​​

​

 

Dear UNC Board of Governors,

 

The UNC Alumni Free Speech Alliance (UNC AFSA) is an alumni-led 501(c)(3) nonprofit organization whose mission is to promote and defend free speech, academic freedom, and viewpoint diversity at the University of North Carolina.

 

UNC AFSA seeks to ensure that UNC prioritizes free expression in campus policy matters, and, accordingly, we submit the following comments regarding the UNC System’s proposed “Policy on Campus Gatherings & Related Student Conduct Matters.”

 

The wording of the proposed policy indicates that constituent institutions could limit outdoor expression to “free speech zones,” as it only requires that areas “not specified as requiring a reservation or notice” remain freely accessible. Granting constituent institutions wide latitude to restrict expressive activity in an undefined assortment of outdoor spaces risks excluding high-visibility and symbolic areas, such as campus quads, critical for impactful expression. Clearer requirements for constituent institutions and access to such spaces are essential to uphold free speech rights. 

 

Requiring “not less than 36-hours’ notice” for gatherings in “specified outdoor areas” could unduly burden spontaneous protests, a core aspect of free expression, particularly in reaction to unfolding events. The UNC System should ensure that students can access high-visibility and symbolic areas for spontaneous demonstrations. Furthermore, outdoor gathering spaces should not be subject to prior notice requirements unless there is a compelling and clearly defined concern that cannot be addressed through less restrictive means, as is required by the First Amendment in traditional public forums.

 

The proposed policy requires that constituent institutions "prescribe clear rules about…the use of sound amplifying equipment,” with an emphasis on preventing disruption. Reasonable time, place, and manner restrictions may include restrictions on amplified sound. However, the policy should note, as courts have recognized, that the First Amendment provides support for the use of amplified sound in public forums, and that restrictions must, therefore, be narrowly tailored to prevent disruption without silencing speech.

 

While the UNC System wishes to require the inclusion of law enforcement officials in constituent institutions’ preparations for demonstrations, it should ensure that law enforcement, campus administrators, and student affairs staff receive robust training on First Amendment principles. This will equip them to strike the appropriate balance between safety and free expression, ensuring constitutional rights are not inadvertently or intentionally infringed.

 

Finally, the proposed system of intercampus reporting risks chilling protected free expression unless the UNC System provides unambiguous definitions of reportable violations. The UNC System should limit intercampus reporting to clear violations of law (e.g., violence or property damage) rather than broadly including “misconduct” or, in particular, “disruption.” This will ensure that students are not unfairly penalized for lawful expressive activities and prevent due process issues that may arise from differences between constituent institutions’ misconduct policies.

 

Thank you for your consideration.

 

Sincerely,

 

Harrington Shaw

Managing Director

UNC Alumni Free Speech Alliance

UNC-Chapel Hill Class of 2024