Binghamton University Ombudsman

The First Amendment protects freedom of speech, of the press, of association, of assembly and of petition from suppression by the government. These constitutional guarantees, collectively known as the right to freedom of expression, are essential to the mission of any university.

As an institution dedicated to excellence and higher learning, Binghamton University encourages open debate and the exchange of ideas and opinions. As a state university, Binghamton University must protect the First Amendment rights of the campus community. The University's commitment to free speech is discussed fully in The Report of the President's Commisision on Free Speech and Academic Freedom, the introduction which reads:

"Freedom of expression and academic feedom are essential to our understanding of the purpose of a university. At Binghamton University, we view the university as an institution that recognizes unfettered freedom in the give and take of ideas and opinions as an integral part of its mision. The ideal of the university as a marketplace of ideas must not, however, interfere with the equally important ideal of a university as a place where all people are respected, and where tolerance, rational discourse, thoughtfulness, and reason prevail over uncontrolled emotion and prejudice. In theory, the twin ideals of a university as a marketplace of ideas and as a community of scholarship should not conflict; in practice, however, they sometimes do."

>> complete text of the Report

Also, The Student Conduct Code says the following about first amendment rights at Binghamton University:

1. All members of the University community are expected to conduct themselves lawfully, maturely and responsibly, and to share the responsibility of maintaining standards of behaviour that are essential to the smooth functioning of the institution.

2. The tradition at Binghamton, a public university, is that the full exercise of First Amendment rights is encouraged and protected. The expectation is that these rights are practiced with respect and responsibility, and with the recognition that abusing the rights of any one person or group ultimately endangers the rights of all. Obscene speech or conduct -- that which appeals to prurient interests, is patently offensive, and lacks serious literary, artistic, political or scientific value -- is not protected by the First Amendment.

3. Every member of the University community has a right to feel secure in person and property and has the responsibility to respect and protect the rights of others.

4. Conduct that interferes with or threatens the operation of the University or the rights of others, either in or out of the classroom, is not condoned.

5. Students are expected to abide by the rules of the University and by state, local and federal laws, and cannot be granted sanctuary by the University.

>> Student Code of Conduct

i. The First Amendment protects free, uncensored expression of ideas, even those which many would consider offensive, bigoted or vulgar. Binghamton Univeristy allows all views, popular or unpopular, to be expressed, debated, supported and countered.

ii. First Amendment protection extends to "pure speech" as well as "symbolic speech." This means that speech in the form of books, flyers and the spoken word enjoys the same protection as the expression of ideas, such as through t-shirts, theater productions, music and other means.

iii. Some kinds of speech do not enjoy First Amendment protection, including fraudulent misrepresentation, defamation, incitement to "imminent lawless" behavior, invasion of privacy, obscenity and "fighting words" (i.e., words that "inflict injury" or tend to "incite an immediate breach of peace"). Criminal behavior may be reported to the New York State University Police.

iv. Expression that crosses the line from speech to conduct is not protected by the First Amendment. Acts of violence, harassment or intimidation, for example, are prohibited by the University's codes of conduct and professional standards.

v. The University cannot and does not limit freedom of speech even if an individual's values and ideals are challenged by that speech. For example, the University's efforts to create a culturally diverse learning environment may not be furthered at the expense of free speech.

vi. Sometimes the line between protected speech and unprotected conduct is very fine. Symbols of hate, such as swastikas, have legal protection in public forums such as protests, rallies and parades. On the other hand, threatening phone calls or e-mail messages and the desecration of private property such as cross-burnings or graffiti are illegal and are not tolerated at Binghamton University. Criminal conduct may be reported to the New York State University Police.

vii. The First Amendment does allow speech to be subject to reasonable and nondiscriminatory restrictions. These restrictions must be "content-neutral," specific and limited in nature, time and place, and they must allow alternative means for free expression. At Binghamton University certain places are specifically identified as "public" forums. These areas, including the main lobby of the University Union and campus streets and sidewalks, are accorded the greatest latitude for the expression of individual ideas on campus.

viii. Administrative offices and classrooms, as settings for specifically defined purposes, are not "public" forums. The University may limit freedom of expression in these and other non-public forums as long as the limitations are "content-neutral." For further information go to the student handbook.

ix. The best reponse to offensive speech is usually more speech. Any attempt on the part of the University to suppress offensive views is nothing more than government censorship. Compromising the speech rights of one individual or group of individuals only jeopardizes everyone's rights. Each of us, however, as members of the University community, can counter offensive speech with rational, persuasive speech. Indeed, doing so is the responsibility of each of us who wish to live in a civil society.