Questions and Answers
The University of Arkansas supports an open exchange of ideas and the rights of individuals to engage in speech protected by the First Amendment, even when the views expressed may not align with the university’s core values or commitment to providing a welcoming and inclusive campus environment.
We hope the following answers to your questions will help create better understanding of how the university, as a public institution of higher education, works to balance these priorities.
Why are individuals or groups allowed to speak or demonstrate on campus?
Members of the campus community regularly invite guests to speak on a number of topics as a part of the university’s academic mission, while other individuals and groups that follow the university’s Facilities Use policies may also use appropriate locations to engage in expressive activity.
A reservation of space for use by a member of the campus community or by an external individual or group does not constitute the university’s endorsement of the speaker’s views or opinions.
Are all forms of speech protected?
The First Amendment protects most types of speech and expressive activity, no matter how much discomfort or offense the speech may cause, but it does not protect obscenity, threats, fighting words (generally defined as targeted statements designed to provoke a physical altercation), or incitement to produce imminent lawless action.
What about “Hate Speech?”
Because there isn’t a “hate speech” exception to the First Amendment, speech that is hateful, offensive or inconsistent with the university’s core values is generally protected, if it does not constitute a defined exception to protected speech, such as obscenity, threats, fighting words, or incitement.
What are my options if I’m offended, insulted or hurt by what’s being said by a public speaker on campus?
You have several options including exercising your own freedom of speech to counter the speech you find offensive, or choosing not to listen to such speech. Please be aware that the First Amendment does not protect violence or threats of violence, or the disruption or interference by counter-protesters with a speaker’s right to speak or an audience’s right to hear.
Encountering a variety of expressions of free speech, including those that may be offensive to you or to others, is part of being on a college campus and living in a community where there are many points of view. This may result in people saying shocking things, but freedom of speech also preserves the right of our campus community to exercise this freedom as well.
What support is available for students who wish to talk to someone about offensive, insulting or hurtful speech they’ve encountered?
U of A Cares, a service of the Dean of Students office, provides resources, referrals and other information to students in need of supportive services, so that students can take advantage of the offices and services that exist on the University of Arkansas campus and in the local community.
Let’s Talk is an informal, brief, problem-focused consultation for those who may not really be interested in continued counseling services but have something specific that they want to talk to a counselor about.
Pat Walker Health Center’s Counseling and Psychological Services (CAPS) also provides consultations, workshops, outreach, emergency services and assistance connecting with community partners and/or other campus support.
If I have an issue with something on campus and would like to hold a gathering, demonstration or protest, can I do so?
Gatherings that meet the reasonable time, place and manner provisions governing use of university facilities and outdoor space for expressive activity are allowed so long as they comply with the Facilities Use policy.
Why do members of the campus community and others have to reserve facility or outdoor space for gatherings or demonstrations?
The primary purpose of the Facilities Use policy is to help the university ensure that the use of university facilities or space does not materially and substantially interfere with the functioning of the university, its academic mission or another person’s expressive activity if occurring in an area under exclusive use or control of a particular group.
Are there State laws regarding freedom of speech in addition to the First Amendment?
The FORUM Act and Act 614 of 2023 provide specific protections for freedom of speech for members of the campus community.