Free Speech and Public Assembly Policy

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Policy Number
5.10
Signature
Board of Trustees
Date Approved
Effective Date
Responsible Division
Office of the President
Citation
First Ammendment

Carteret Community College encourages its community to exercise the right to freedom of speech granted by the First Amendment to the Constitution of the United States of America. This policy informs members of the college community and the public of the manner in which they may engage in constitutionally protected speech and expression at Carteret Community College. It is intended to protect one’s right to freedom of speech without interfering with the primary educational purpose of the college.

Student’s Free Speech Rights

The college will protect the rights of freedom of speech, petition, and peaceful assembly and students may exercise those rights within the bounds of this policy. Students are authorized to exercise this right freely as long as the exercise of this right does not violate applicable rules of the college, substantially disrupt normal operations of the college, or substantially interfere with the rights of others. Students engaging in such disruptive activity may be subject to disciplinary action and/or criminal prosecution. Those who exercise free speech as a part of this policy must not:

  • Violate the CCC Code of Conduct.
  • Threaten passers-by.
  • Substantially and materially interfere with, impede, or cause blockage of the flow of vehicular or pedestrian traffic.
  • Substantially or materially interfere with or disrupt any other lawful activity.
  • Create an imminent safety or health hazard.
  • Incite violence or imminent lawlessness.
  • Post materials on any walls, windows, doors, sidewalks, trees, light poles, etc. or any other College equipment except in areas designated by the dean of student services.
  • Carry signs or placards that exceed three feet by three feet. Signs or placards must not contain obscene language or words that tend to incite violence.
  • Utilize any electronic means of amplifying sound.
  • Parade or publicly assemble for the purpose of teaching or advocating the confiscation of private property without just compensation, the violent overthrow of the government of the United States of America, the State of North Carolina or any political subdivisions of North Carolina, or the depriving of any person of his liberty or property without due process of law.
  • Violate any State or Federal laws.
  • Allow any vicious animal to accompany the parade or public assembly or to proceed along the parade route or be allowed to remain at any place of public assembly.

Definition of Terms: NONE

Procedure

Registration and Use of Designated Free Speech Area

The college hereby creates on its property a limited public forum for use by individuals or groups not invited by or associated with the college. The following areas, and only the following areas, are designated for this purpose.

  • West third of Bryant Student Center Parking Lot
  • West half of McGee Administration Building parking Lot

These areas shall be available for use by both members of the college community and members of the general public. However, events sponsored by members of the college community shall have first priority in using the Free Speech/Expression areas. The college reserves the right to relocate any assembly to ensure that the activity does not interfere with the normal operation of the college or interfere with the rights of others.

Requests for Free Speech

Individuals or groups wishing to utilize college property to exercise their free speech should submit a written and signed request to the dean of student services at least three working days prior to the desired date. The following information must be included in this written request.

  • Name of the person or organization submitting the request
  • Address, email, and phone number
  • Date and times requested
  • List of planned activities (i.e., speech, signs, distribution of literature)
  • Anticipated number of participants and attendance
  • Signature of requestor

Activities are limited to a maximum of three consecutive hours, during the college’s normal operating hours. The dean of student services will notify the director of security and emergency preparedness of any free speech event.

Guidelines for Speech and Public Assembly

  1. Amplification Systems: Because amplification systems pose a significant potential for disruption of college operation, public address and amplification systems may not be used. This includes, but is not limited to, megaphones and PA systems.
  2. The Right to Dissent: The right to dissent is the complement of the right to speak, but these rights need not occupy the same forum at the same time. The speaker is entitled to communicate his or her message to the audience during their allotted time, and the audience is entitled to hear the message and see the speaker during that time. A dissenter must not substantially interfere with the speaker’s ability to communicate or the audiences’ ability to hear and see the speaker. Likewise, this audience must respect the right to dissent.
  3. Picketing and Distribution of Literature: Picketing in an orderly manner or distributing literature within the free speech area is acceptable when approved during the request process as coordinated and approved by the director of student services.
  4. Symbolic Protest: During the presentation, approved protesters may display signs that meet approved standards and make gestures or wear clothing that is permissible as long as their symbolic protest does not constitute a true threat, intimidations, or hate speech.  Those reacting or responding to approved protesters may display singes, make gestures, or wear clothing that is permissible so long as their symbolic protest does not unduly interfere with the ability of the person or entity reserving an area for free speech/expression to express themselves.
  5. Marches: Campus marches are permitted on campus only with the approval of the dean of student services per coordination with the director of security and emergency preparedness.

In order to ensure the safety of participants and bystanders and to minimize the disruption upon college classes and daily operations, this request must specify the desired march route and total/maximum number of participants.

Pickets/marchers must march in a single file, not abreast. Minor children, six years of age or younger, may walk abreast or be carried by their parent or guardian. Pickets shall not at any time nor in any way obstruct, interfere with, or block persons entering or exiting vehicles, persons crossing streets or otherwise using the public way; the entrance or exit to any building or access to property abutting the street or sidewalk; or pedestrian or vehicular traffic.

Conduct and Manner

  1. Those who exercise the free speech as a part of this policy must not:
    • Threaten passers-by
    • Interfere with, impede, or cause blockage of the flow of vehicular or pedestrian traffic.
    • Interfere with or disrupt any other lawful activity in the same general location at the same time.
    • Commit any act likely to create an imminent safety or health hazard.
    • Post materials on any walls, windows, doors, sidewalks, trees, light poles, etc. or any other college equipment except in areas designated by the dean of student services.
    • Carry signs or placards that exceed three feet by three feet promoting the objective of the activity. They must not contain obscene language or words that would tend to incite violence.
  2. Public speech or activities likely to incite or produce imminent lawless action or that is, under current legal standards, either defamatory or obscene are prohibited. Violations of the CCC Student Code of Conduct are prohibited.
  3. Individuals who damage or destroy college property shall be held responsible for such damage or destruction and will face disciplinary action and/or criminal prosecution. (This includes lawns, shrubs, trees, etc.)
  4. A request for use of free speech areas may be denied if determined that the proposed speech/activity will constitute a clear and present danger to the orderly operation of the college.
  5. All applicable college regulations, state, and federal laws and municipal ordinances apply when engaging in activities on college property. Failure to do so may result in immediate removal from college property and other appropriate action by college officials and/or police.

Interference with Free Speech or Public Assembly

Persons shall not physically interfere in the use of the sidewalk or address obscene, indecent, or threatening language to or at individuals to provoke them or lead to a breach of the peace.

Whenever free passage is obstructed by a crowd, the persons composing such crowd shall disperse when directed by college officials, security, or police. Failure to do so may result in disciplinary action and/or criminal prosecution.