Frequently Asked Questions

What is free speech (freedom of expression) at OSU?

Freedom of speech (also called freedom of expression) is a fundamental right guaranteed by the U.S. and Oregon constitutions. While, in many contexts, individuals have a right to make statements whether they are popular or unpopular, agreeable or offensive, Oregon State community members share a responsibility to treat each other respectfully, including when discussing or debating controversial topics.

What is OSU's responsibility to protect free speech?

For purposes of the free speech clause of both the federal and state constitutions, Oregon State University is “the government,” and so the institution is limited in its ability to restrict freedom of speech, even if the content is considered offensive or hateful. The university cannot prohibit speakers from coming to campus just because individuals from the campus or surrounding community disagree (or OSU disagrees) with the content of the speaker’s presentation or with their opinion.

What is hate speech? Is it illegal?

Hate speech is often referred to as speech that insults or demeans groups of people on the basis of, but not limited to, the attributes of race, religion, ethnic origin, sexual orientation, disability or gender. While OSU condemns hate speech of this kind, it is often not illegal or unconstitutional, especially in public forums like quads. Prohibiting or punishing because of hate speech may be a violation of the First Amendment.

There are times that OSU may be able to take action or otherwise regulate speech, such as when the speech constitutes a direct threat of imminent physical harm against a particular person, constitutes severe/pervasive harassment impeding a particular person’s educational opportunity or creates a substantial and material disruption or interference of university business.

Just because there is a First Amendment right to say something, however, doesn’t mean that it should be said. OSU community members share a responsibility to treat each other respectfully, including when discussing or debating controversial topics.

What's not protected free speech?

Free speech law is highly context-specific and complex, but some examples of unprotected speech include specific threats of violence against individuals, speech constituting targeted harassment under the student conduct code and speech that is exercised in ways that significantly disrupt the operation of the university or the legal rights of others.

What if an OSU community member disagrees with someone’s speech?

It is inevitable in a community as diverse as OSU for disagreement to occur. This disagreement is a feature of a pluralistic community. At times, some may find the content of views expressed offensive, objectionable or contrary to the university's institutional values. Rather than silence these views, we meet them directly by seeking clarity, offering countervailing evidence and providing counterpoints. While this may create discomfort, our commitment to protecting all viewpoints, even when we may strongly disagree with them, guarantees that all can speak.

How does OSU policy handle controversial speakers?

The university sets limits on an outside speaker’s presence at OSU that aren’t related to the speaker's viewpoints. Those limits include setting reasonable time, place, and manner restrictions with the goal of limiting potential disruption of university business. Many university buildings are open to the public and the university community for non-disruptive speech activities during the regular business hours of the particular building, with the exception of some buildings that are more tightly regulated due to the nature of the activities that take place in those buildings (such as classroom buildings, research labs/facilities and offices).

Generally, the university is not going to be in a position to cancel events or restrict controversial speakers based on the offensiveness of the speaker’s message. There may, however, be a decision to cancel an event or restrict a speaker from speaking at the university if there is a significant safety risk, despite taking all reasonable steps to support the safety of students, faculty and staff.

Are community members allowed to disrupt speakers they disagree with?

The right to free expression does not include the right to prevent others from speaking. And while protest, regardless of viewpoints expressed, is a welcome and essential part of university life, disruption of speakers or preventing the normal operation of the university are not permitted and violate university policy.

How does OSU address emotional harm people and groups may experience as a result of someone else’s free speech?

Free expression does not come without impacts. While we must vigorously protect the right to express diverse viewpoints, even protected speech can cause harm. We recognize the need to support individuals and communities negatively impacted by speech, and OSU offers many resources for individuals and communities to address these impacts.

Additionally, in some cases, like when speech calls for specific violence or harm, speech can cross the line into harassment or discrimination that violate university policy. All OSU community members are encouraged to report any such incidents to Equal Opportunity and Access or the Bias Response Team.