FAQ: Free Speech in Challenging Times

Utah State University leaders have received questions about the limits of free speech, as well as messages expressing a spectrum of opinions about an external student club event involving Turning Point USA scheduled for Sept. 30, 2025.

In an effort to educate our community on First Amendment protections, we offer the following answers to frequently asked questions. You may also learn more at freespeech.usu.edu.

When does free speech violate the student or employee code of conduct?

Not all expressive activities are protected by the First Amendment. Examples of unprotected speech include:

• True threats: A statement that communicates a serious intent to commit an act of violence to a particular person or group. NOTE: for a threat to be a “true threat,” the speaker must have some subjective understanding that their statement is threatening violence but recklessly make it anyway.
• Incitement: Expression that is meant to incite or produce imminent lawless action and is likely to incite such action. For example, a call to attack an individual or group of individuals.
• Disruptive behavior: Expression or assembly that presents a substantial disruption to a university function. For example, heckling to drown out an invited speaker.
• Defamation: An intentionally false statement that harms an individual’s reputation. For example, knowingly spreading disinformation about an individual in an attempt to make them less credible.
• Obscenity: Sexually explicit content that is patently offensive and lacks serious merit. For example, pornographic images.
• Unlawful Harassment: Expressive activity that creates a hostile environment within the meaning of Title IX of the Educational Amendments of 1972, Title VII of the Civil Rights. Act of 1964, Title VI of the Civil Rights Act, or other applicable law. Harassing conduct is unlawful if it is unwelcome conduct based on sex, race, color, or national origin that, based on the totality of circumstances, is subjectively and objectively offensive, and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from a school’s education program or activity.

It’s important to note that the bar for unprotected speech under the First Amendment is very high, with the expectation that it is more important to allow speech than to limit it.

Why does USU allow hate speech and speakers who make offensive statements that members of the community may feel is harassing?

The U.S. Supreme Court has repeatedly rejected government attempts to prohibit or punish hate speech. Instead, courts have come to identify within the First Amendment a broad guarantee of “freedom for the thought that we hate,” as Justice Oliver Wendell Holmes described the concept in a 1929 dissent. See Is Hate Speech Legal, FIRE.

With regard to harassment, the offensiveness of a particular expression, standing alone, is not a legally sufficient basis to establish a hostile environment under Title IX, Title VII, or Title VI. As stated above, in order to establish a hostile environment, harassment must be sufficiently serious (i.e., severe, persistent or pervasive) as to limit or deny a student's or employee’s ability to participate in or benefit from an educational program. See Dear Colleague Letter, U.S. Department of Education, 2003.

Are there any speakers the university would not allow to speak on campus?

When visitors are invited to speak or present on campus, USU respects the speaker’s right to engage in protected speech and encourages a respectful presentation environment free from undue disruption or interference. The views and ideas presented by visiting speakers do not necessarily represent USU’s institutional position or views.

As a public institution, USU is obligated to provide space for protected expressive activities. When these activities present a heightened security concern, the university prepares appropriately to protect the safety of our campus environment.

Can any student club invite a speaker to campus?

Any recognized student club, either academic or USUSA-recognized, can host a speaker event on campus. The university’s role when a student club invites a speaker is to facilitate a safe and secure venue. Providing a venue does not mean the university is endorsing the speaker or their views.

Does the university have to provide a location to speakers some consider offensive?

As a modern land-grant university, USU’s role is to serve as a catalyst for discourse and engagement that enhances our communities. As a public institution, USU cannot favor one viewpoint over another. The university is committed to facilitating a safe and secure space where students and speakers from a diverse array of viewpoints can assemble and exchange ideas.

How does USU policy limit what employees and students say online or on social media?

Generally, USU employees have the right to express themselves in their personal capacity regarding issues of public concern, so long as their speech does not disrupt the University’s interest in an efficient and harmonious workplace.

When expressing personal opinions in public forums, including online, employees should clarify that they are speaking in their personal capacity and not on behalf the university.

Does offensive speech violate state or federal law, such as Title IX or Title VI?

No. Standing alone, offensive speech — including hate speech — does not violate Title IX or Title VI. For expressive activity to be treated as unlawful harassment, it must be:

1. unwelcome conduct
2. based on sex, race, color, or national origin
3. that, based on the totality of circumstances, is subjectively and objectively offensive and
4. is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from a school’s education program or activity.

USU is committed to a learning and working environment free of discrimination or harassment. Consistent with federal law, USU will promptly address emerging unlawful hostile environments without abridging the rights to free speech as protected by the First Amendment. See Dear Colleague Letter, U.S. Department of Education, 2024.

How can university community members contribute to a positive learning environment, despite differences in values and opinions.

The university’s principles of community reinforce USU’s goal of empowering all Aggies to contribute to our positive campus culture. All Aggies are encouraged to affirm the human dignity of everyone in our university, engage respectfully when sharing different perspectives, and contribute to creating a healthy campus community. One way to do this is by recognizing the right of everyone in our community to engage in expressive activities protected by the First Amendment.

The Heravi Peace Institute also provides opportunities for students and employees to engage in facilitated debates and bridge-building conversations.