Board of Trustees Manual

Policy No.: 8068 Board Approved: April 26, 2016 Revised: November 19, 2019

Expressive Activity Policy This policy applies to all buildings, grounds, and other spaces owned or controlled by Hagerstown Community College (the “College”). The term “expressive activity” includes: • Meetings and other group activities; • Speeches, performances, demonstrations, rallies, vigils, and other events; • Distributions of literature, such as leaflets and pamphlets; and • Any other expression protected by the First Amendment to the United States Constitution. A. Policy Statement College property is primarily dedicated to academic, student life and administrative functions. But it also represents the “marketplace of ideas.” The College shall not interfere with the rights of Active Students and Student Organizations (as those terms are defined in the Student Organization Policy) to the free expression of their views or impermissibly regulate their speech based on its content or viewpoint. Nevertheless, the College may establish reasonable time, place, and manner restrictions on expressive activity. No event or expressive activity shall be permitted to violate or hinder the rights of others within the campus community or substantially disrupt normal college operations inside or outside of buildings. B. Procedures 1. Spontaneous Expressive Activity: a. For outdoor campus facilities and areas, Active Students and Student Organizations may freely engage in spontaneous expressive activities as long as the activities do not (1) block access to campus buildings, (2) obstruct vehicular or pedestrian traffic, (3) substantially disrupt previously scheduled campus events, 1 (4) substantially disrupt College operations, (5) constitute unlawful activity; or (6) create a clear and present threat to public safety, according to the College’s police or security department. b. No College personnel may impose restrictions on Active Students or Student Organizations who are engaging in spontaneous expressive activities because of the content or viewpoint of their expression or the possible reaction tothat expression. In the event that other persons react negatively to these activities, College officials (including College police or security) shall use their best efforts to ensure public safety while allowing the expressive activity to continue.

1 The expression of competing viewpoints or multiple speakers in proximity to each other does not, without more, constitute a substantial disruption.

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