Following months of discussion and productive collaboration between the University Senate and Emory administrators, Emory today announced a new Open Expression Policy that protects community members’ rights to expression, assembly and peaceful demonstration while providing content-neutral limitations to maintain focus on Emory’s academic mission and to prioritize campus safety.
Based on the principles of free speech and assembly established by the First Amendment, the new policy details how Emory will balance open expression with enabling the university to fulfill its teaching, research and health care mission. The new policy firmly establishes a content-neutral approach to its application and enforcement, noting that all members of the Emory community (i.e., faculty, staff and students), as well as visitors and guests, have the same rights and responsibilities under the policy. The new policy provides examples of expression that is not protected, such as threats and speech that violates the law. It also outlines expression restrictions related to time, place and manner and provides the reasoning behind these limitations.
“This new Open Expression Policy has benefitted profoundly from the perspectives not only of all the Senate’s stakeholders, but also of the university administration,” says George Shepherd, president of the University Senate. “I am proud that, working cooperatively together, we have produced a balanced Open Expression Policy that is among the country’s best.”
“This is a very important policy for the university, and I’m pleased we could develop it by working closely with Professor Shepherd and the University Senate,” says Emory President Gregory L. Fenves. “Together, we have made a policy that protects expression for members of the Emory community and supports the Emory mission in a safe campus environment for all. Our collaboration shows the value of shared governance.”
Efforts to reimagine the Open Expression Policy began during the spring 2024 semester when the University Senate announced it would form a committee to bring recommendations to leadership. The University Senate assembled a subcommittee that included representatives of all Emory stakeholder groups, including staff, students, alumni and faculty. The group produced a proposal which was then refined through weeks of cooperative discussions between representatives of the Senate and the administration. During this process, Emory implemented a policy addendum to codify longstanding processes that leaders consistently enforced for several years. As discussions continued, the addendum was incorporated into the new policy. Earlier this month, the University Senate voted overwhelmingly to approve the final policy that emerged from the discussions.
The new policy clarifies the role of the University Senate Committee for Open Expression and its right to share opinions on matters related to open expression. The policy also details the important duties of Open Expression Observers — trained staff and faculty volunteers who attend demonstrations and other events to uphold the policy and protect the rights of community members. During events, they work with organizers to make necessary modifications to facilitate open expression while communicating the limitations set forth in the policy. Community members may request observers to attend events, and Campus Life may appoint them to be present as well.
Policy appendix provides clarity
The new policy includes an appendix that outlines restrictions related to time, place and manner. All members of the Emory community are expected to follow these regulations when engaged in open expression activities. Notable responsibilities and restrictions include:
- Individuals are entitled to share their viewpoints without substantial interruptions. Dissenters may express differing viewpoints, but they cannot disrupt or significantly interfere with someone else’s gathering or activity.
- Restrictions regarding where and how open expression events can take place on Emory property. Restricted areas include:
- Spaces where academic classes take place.
- Offices, museums, research laboratories and computer centers.
- Hospitals, clinics and other facilities or infrastructure that are essential to the university’s operations.
- Locations that present safety risks, including those related to traffic.
- Protests and demonstrations are not permitted from midnight-7 a.m., although other expression is allowed even after midnight in areas that are open, if the expression is not disruptive.
- Building occupations and takeovers are strictly prohibited.
- Limitations on what types of temporary structures are permitted. Certain structures, including tents, may not be built or set up on Emory property.
In addition, while some expressive activity is permitted in residence halls, libraries and dining facilities, expression is more limited in those spaces because of the students’ fundamental need to eat, sleep and study without disruption.
Emory recognizes community members will have questions about the new policy. The Open Expression website will be updated in the coming weeks to provide additional information, including a section focused on frequently asked questions.