Speech and Expression in Outdoor Areas, Invited Speakers, and Security

1. Areas within 25 feet of classrooms or residential area;
2. Athletic facilities;
3. Outdoor classrooms;
4. Areas where access is restricted due to operational or safety protocols, such as energy or maintenance control areas.

Conduct that may materially and substantially disrupt the functioning of Southern Union State Community College or infringe upon the rights of others to engage in expressive activities may include:

1. Obstruction of vehicular, bicycle, pedestrian, or other traffic;

2. Obstruction of entrances or exits to buildings or driveways or impeding entry or exit from any building or parking lot or vehicular path;

3. Violations of a state, federal or local law, regulation, or ordinance;

4. Threats to passersby or the use of fighting words, which are words that by their mere utterance inflict violence or would tend to incite a reason able person to violence or other breach of the peace;

5. Following, badgering, or forcibly detaining individuals;

6. Interference with scheduled College classes, ceremonies or events, including memorials, dedications or classroom activities, whether indoors or outdoors;

7. Damage to property, including buildings, benches, sidewalks, fixtures, grass, shrubs, trees, flowers, or other landscaping;

8. Use of sound amplification, including bullhorns, except within reason able limits that will not disrupt normal College operations;

9. Violation to any of Southern Union State Community College’s Code of Conduct rules.

10. Use of placards, banners, or signs that are dangerous or cause obstruction as described in subsections 1 and 2 above;

11. Engaging in expressive activities in prohibited or restricted areas as defined in Sections II.B. and II.C. above;

12. Any other interference with normal College operations beyond a minor, brief, or fleeting nonviolent disruption that is isolated or brief in duration; or

13. Any other conduct or activity not protected by the First Amendment to the United States Constitution and Article I, Section 4 of the Alabama Constitution, or other state law.

Nothing herein shall be construed to limit the application of laws related to disruptions, disturbances, or interference with the College and the function of educational institutions.

Southern Union State Community College will provide police officers and security officers as well as other security measures to ensure the safety of all participants, the Campus Community, and the public. Nothing in this policy shall prohibit the College from charging a fee for security for events, provided that such fees may not be calculated or otherwise based on the content of the protected expressive activity or the anticipated reaction to the protected expressive activity.

If the organizer of the event or the College determines that security is needed for an event, beyond what security is typically provided by the College during regular hours of operation, the organizers of the event will be charged a fee based on the number of expected attendees. The fee schedule for security will be provided by the Office of the President upon request.

The President may waive this security fee, but may not base the decision on the basis of the content of the expressive activity or the anticipated reaction to the protected expressive activity, except in emergency situations in which there is a clear and present danger to the campus community or to the public.

Southern Union State Community College may also charge a fee for the use of campus facilities, such as for the use of IT resources or cleanup costs. These fees will not be based on the content of the expressive activity. Information regarding fees can be obtained from the Office of the President.

To promote a safe and effective event, individuals or groups from the Campus Community planning to engage in expressive activity that they anticipate will require the assistance of security are expected to provide sufficient notice to the Southern Union State Community College Chief of Police at least one week, but no less than 48 hours in advance of the event. Such arrangements enable Southern Union State Community College to ensure the event takes place in a safe and constructive manner.

Individuals and groups who engage in expressive activity in outdoor areas on Southern Union State Community College property are subject to Southern Union State Community College policies relating to the use and operation of campus facilities, including without limitation policies relating to firearms and weapons, alcohol, smoking, and trespass. Southern Union State Community College prohibits the possession or use of clubs, bats, weapons, open flames, or other dangerous materials on campus property during these events.

Southern Union State Community College shall not permit members of the Campus Community to engage in conduct that materially and substantially disrupts protected expressive activity or infringes on the right to engage in expressive activity. Any act of reprisal, interference, coercion, or restraint, by a student or employee, of protected expressive activity, violates this policy and will result in appropriate disciplinary action. Disciplinary sanctions for members of the Campus Community under the jurisdiction of Southern Union State Community College who violate this subsection shall be handled through established disciplinary procedures for students and staff.

Nothing in this policy shall be construed to prevent Southern Union State Community College from regulating and restricting expressive activity that is not protected by the United States Constitution, the Constitution of Alabama of 1901, or state law, including, but not limited to, any of the following:

1. Violations of state or federal law, including, but not limited to, actions that damage institutional property.

2. Expressions that a court has deemed unprotected defamation.

3. Harassment.

4. True threats, which are defined as statements meant by the speaker to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.

5. An unjustifiable invasion of privacy or confidentiality not involving a matter of public concern.

6. An action that unlawfully disrupts the function or security of the institution.

7. Any constitutional time, place, and manner restrictions for outdoor areas of campus when they are narrowly tailored to serve a significant institutional interest and when the restrictions employ clear, published, content-neutral, and viewpoint-neutral criteria, and provide for ample alternative means of expression.

Complaints or questions regarding the application of this policy should follow the complaint policies and procedures of the College.