Campus Free Speech

Policy has not been finalized through the approval process.

103.1 Policy

The College of Eastern Idaho (CEI) recognizes and upholds the fundamental rights guaranteed by the First Amendment of the United States Constitution and the Constitution of the State of Idaho and Idaho House Bill 240 – Protecting Campus Free Speech in Higher Education Act, including freedom of speech, freedom of the press, freedom of religion, freedom of association, and the right to petition the government. These rights apply to all individuals within the Campus Community.

College of Eastern Idaho promotes open expression while ensuring the safety, functionality, and integrity of campus operations. These guidelines are designed to balance the rights of individuals with the institution’s responsibility to maintain a secure and inclusive educational setting. Restrictions on speech and expressive activities shall be content-neutral and shall not be based on the viewpoint of the speaker.

103.2 Procedure

College of Eastern Idaho has an obligation to protect and foster the exercise of free speech under the First Amendment of the United States and Idaho House Bill 240. CEI is committed to cultivating an environment where varied viewpoints can be expressed, explored, and respected.

The following restrictions apply to activities on or using CEI Property:

1. Activities may not be conducted in a manner that violates any federal, state, or local law;
2. Activities must comply with CEI rules, regulations and policies that protect the health, safety and expressive rights of all CEI Community Members; and
3. Activities may not be conducted in a manner or at a time or place that is either incompatible or unreasonably interferes with the educational or other legitimate functions of CEI, otherwise known as "Disruptive Activities".

This policy does not permit activities which constitute the following:

• Defamation: the communication of false information which impugns honesty, integrity, virtue, or reputation of the person or entity about whom the statement is made, or exposes the person or entity to public hatred, contempt, or ridicule.
• Incitement: speech that is intended and likely to provoke imminent unlawful action.
• True threats: statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.
• Obscenity: material that would appeal to the prurient interest of the average person, that depicts or describes, in a patently offensive way, sexual conduct, and that lacks literary, artistic, political, or scientific value when taken as a whole.
• Copyright or trademark infringement: use or production of copyright-protected material without the permission of copyright holder or the unauthorized use of a trademark or service mark in a manner that is likely to cause confusion.
• Harassment: engaging in verbally or physically threatening behavior that would cause a reasonable person to fear for their physical health or physical safety, or, with respect to students, discriminatory conducts that are so severe, pervasive, and objectively offensive, that it effectively denies equal access to CEI's resources and opportunities.
• Trespass and/or malicious injury to property: as defined in Idaho Code.
• False advertising: publishing or otherwise circulating an advertisement containing a false claim or statement made for commercial purposes.

Restrictions on all CEI Property:

1. Camping is the unauthorized use of CEI property as a temporary or permanent place of dwelling, lodging, or living accommodations. Camping is prohibited on CEI property.
2. Commercial speech is any form of expression or activity that is primarily intended to advertise, market, sell or promote goods and services on behalf of any person or entity that is not a CEI department or organization. Soliciting for contributions or donations is included in the definition of commercial speech. CEI is under no obligation to make any campus areas or facilities available for commercial activities. Commercial activity shall only be permitted upon express authorization of Buildings and Facilities and only where the commercial activity supports student learning, is not aimed at the exploitation of students, and/or promotes or fosters CEI’s mission.

Student organizations engaging in fundraising or inviting outside speakers for events involving commercial activity may do so if expressly authorized, provided the activity supports student learning, does not exploit students, and complies with CEI’s mission.

USE OF PUBLIC OUTDOOR AREAS OF CAMPUS

Any individual or organization who wishes to engage in the following Expressive Activities in the Public Outdoor Areas of campus shall be permitted to do so freely as long as the person’s conduct abides by the General Conditions for use of CEI Property and reasonable time, place, and manner restrictions.

1. Distribution of Written Materials. Campus Community members and Visitors may distribute written or printed materials regarding a non-commercial topic on a person-to-person basis in Public Outdoor Areas. Such written materials may include, but are not limited to, pamphlets, signs, notices, brochures, banners, handouts, and flyers. Individuals and groups engaged in the distribution of written materials must not litter and are encouraged to remove any distributed materials dropped on the ground by others. Putting written materials on vehicles in the CEI parking lot is prohibited.
2. Passing of Petitions. Campus Community members and Visitors may circulate petitions in Public Outdoor Areas.
3. Demonstrations. Campus Community members and Visitors may engage in demonstration, picketing, and oral presentations in Public Outdoor Areas.
4. Tables, Displays, and Exhibits. To ensure safe pedestrian and vehicle traffic and to preserve and protect CEI property, Campus Community members and Visitors may reserve a “Reservable Public Area” for Expressive Activities involving the use of tables, chairs, booths, displays, or exhibits. To reserve a Reservable Outdoor Area, individuals and organizations may submit a reservation request by calling Events at 208-535-5344, Buildings and Facilities 208-535-5636, or Campus Safety at 208-541-2468. Reservations shall be granted on a “first come, first served” basis.

If a reservation request is denied, the applicant shall be provided with a written explanation of the reason for denial, and may appeal such denial to the President’s Advisory Council (or designee) within five (5) business days. Denials shall be based only on content-neutral criteria, including safety, scheduling conflicts, or preservation of campus operations.

Expressive Activities in Public Outdoor Areas are Subject to the following time, place, and manner restrictions:

• Activities must not interfere with the free flow of traffic, vehicles or pedestrians, or the ingress and egress to buildings on campus and may not block any sidewalk, roadway, or parking area without prior authorization.
• The use of microphones, bullhorns or any sound amplification device is not permitted which may be disruptive to CEI education and operations.
• Activities must not interrupt the orderly conduct of CEI classes, scheduled college ceremonies or events, or otherwise infringe on other Campus Community members’ ability to engage in Expressive Activities.

USE OF CEI FACILITIES, CLASSROOM SPACE, BULLETIN BOARDS, AND WALLS

CEI reserves the right to restrict certain facilities, classroom space, and indoor and exterior walls to official CEI business only. Such spaces are Nonpublic Forums and are subject to reasonable regulations.

Facilities available for use by the Campus Community and Visitors constitute a Designated Public Forum and are subject to reasonable time, place, and manner restrictions that are not based on the viewpoint of the speaker. No individual or organization not expressly authorized to represent CEI for the event or activity shall use the CEI name to imply official college sponsorship of the speaker in advertising or publicizing the event, except to identify the specific location of the event.

Distribution of written materials inside of CEI facilities shall not involve personally delivering materials to students within hallways, entryways, or classrooms and no person shall be compelled to accept any written material.

USE OF CEI WEBSITE AND SOCIAL MEDIA

All CEI websites and social media pages constitute Designated Public Forums and are for the purpose of furthering the mission, vision, and core themes of CEI. CEI reserves the right to restrict or remove any content that does not relate to CEI business, programs, and/or services or which otherwise violates CEI policies or guidelines, including without limitation as defined in the CEI Social Media Policy 116.

NON-SPONSORED SPEECH

Faculty, students, and Student Organizations engaging in expressive activities, whether on or off-campus, do so with the express understanding that the statements, opinions, and representations of the speaker(s) are not representative of CEI and that CEI neither endorses nor sponsors the expressive speech of any speaker not expressly recognized as representing CEI.

Conversely, CEI reserves the right, in its sole discretion, to determine the content of all official CEI communications, sponsorship, messaging, and engagement.

Guideline Enforcement

Violations of this policy may result in one or more of the following:

• A request of an individual or organization to cease and desist, relocate, or vacate the premises or property owned or controlled by CEI by law enforcement or an authorized representative of CEI.
• Commencement of institutional disciplinary proceedings by the appropriate department or academic unit.
• Restriction of future use of, or access to, CEI property.
• Individuals or organizations subject to enforcement action under this section shall have the right to appeal such action to President’s Advisory Council (or designee) within ten (10) business days.

Failure to enforce this policy in one instance does not waive CEI’s right to enforce it in any other instance.

103.3 Definitions

Campus Community: CEI students, student organizations, administrators, staff, faculty, and invited guests.

CEI Property: Any premises or property owned, leased, or controlled by CEI, including all real and personal property, resources, funds, information systems, college-owned or controlled websites, and social media accounts.

Designated Public Forum: CEI property that has been opened for use to certain groups or for the discussion of certain topics. Such restrictions may not be based upon the viewpoint of the speaker and must be reasonable considering the purpose served by the forum.

Disruptive Activity: Activity conducted in a manner or at a time or place that is either incompatible or unreasonably interferes with the educational or other legitimate functions of CEI. Examples of disruptive activities include but are not limited to: blocking entrances or exits, interrupting scheduled classes, preventing official CEI events, or materially obstructing the free flow of pedestrian or vehicular traffic.

Expressive Activity: Any lawful verbal, written, audio-visual, or electronic means by which individuals may communicate ideas to one another, including all forms of peaceful assembly, protests, speeches and guest speakers, distribution of literature, carrying signs, and circulating petitions.

Building and Facilities Department: The CEI department with authority over all CEI physical/campus space.

Nonpublic Forum: CEI property that may be used only for its intended purpose, and which may be subject to speech regulations reasonably related to the intended purpose. Examples of nonpublic forums at CEI include, without limitation, administrative office space and other facilities not subject to facilities use requests.

Open Public Forum: CEI property that has been opened for use to the Campus Community and Visitors for Expressive Activity. Restrictions on Expressive Activity in Open Public Forums may not be based on the viewpoint of the speaker but may be subject to content-neutral time, place, and manner restrictions. Public Outdoor Areas, as defined in this policy, are considered Open Public Forums.

Public Outdoor Areas: The generally accessible outdoor areas of campus where members of the public are commonly allowed, such as grassy areas or other similar common areas, and do not include outdoor areas where access is restricted from a majority of the campus community. Public Areas do not include the interiors of CEI facilities, parking spaces, or areas that are being used for CEI educational activities or are otherwise reserved.

Reserved Outdoor Areas: Locations in Public Outdoor Areas of CEI- owned facilities which may be used for Expressive Activities involving the use of tables, chairs, booths, displays, or exhibits.

Visitors: Members of the general public who are not active members of CEI’s faculty, staff, or student population who may access public areas of campus.