Freedom of Speech and Public Assembly Policy

Policy AP 202: Freedom of Speech and Public Assembly Policy

MPTC is dedicated to the mission of the College. MPTC recognizes the right of freedom of speech and public assembly is essential to this mission and the rights set forth in the First Amendment. This policy exists to give guidance for those who wish to express protected free speech and public assembly on MPTC controlled properties and social media, along with the manner in which they may engage in constitutionally protected speech and expression. The right to restrict the time, place and manner of expression is specifically reserved for the College. Any acts that are disruptive to normal operations of the College including but not limited to instruction, college business, or actions which interfere with the rights of others will not be tolerated. Those engaging in disruptive activity may be subject to disciplinary action. Any participant involved in disruptive activity may face criminal charges.

Procedure PR 202.01: Freedom of Speech and Public Assembly

The College has adopted the following procedure in accordance with the freedom of speech and public assembly policy. Moraine Park Technical College’s (“MPTC”, “College”) main goal is to ensure the safety of students, employees and visitors, the protection of property, and the continuity of the educational process. Recognizing such rights, MPTC will place reasonable, content-neutral limitations on the time, place and manner in which individuals can express ideas and assemble on MPTC owned/controlled property and social media sites. The details of this procedure are applicable to all students and visitors. Employees should refer to related college procedures including and not limited to: PR404.02 Political Candidacy and PR404.04 Conflict of Interest.

The College supports the right of individual students, recognized student organizations, and employees to dissent and to demonstrate providing such activities do not disrupt normal campus operations, obstruct free access to College buildings, or infringe upon the rights of others. It is the intent of this policy to ensure that all demonstrations on campus occur with minimal threat to the safety and security of persons or facilities and with minimal disruption to educational activities through proper planning and scheduling.

The College does not condone behavior that violates the freedom of speech, choice, assembly, or movement of individuals or organizations. In short, responsible dissent carries with it sensitivity for the civil rights of others.

Freedom of Speech

Unprotected Speech

The following forms of expression are not protected forms of speech and may lead to individuals or groups being subject to disciplinary, administrative, or legal action.

  1. True (real) threats, including speech and other conduct that communicates a serious intent to commit an act of unlawful violence to a particular individual or group of individuals.
  2. Harassment that effectively denies educational access, opportunities, or rights to any individual.
  3. Defamation.
  4. Incitement of illegal action.
  5. Invasion of privacy and confidentiality, as protected by federal and state law.

Free Speech – Digital Platforms

Student and employees who engage in expression on social media that is unprotected by the First Amendment (e.g., harassment, true threats, incitement to imminent lawless action), could face disciplinary action from MPTC. If a violation of unprotected speech is discovered on a digital platform, created while on one of the campuses, and was written by either a student or an employee, the violation will be reviewed by the Associate Vice President of Talent and Culture (employee) or the Director of Student Development (student).

A violation of free speech in regards to digital platforms must meet the following criteria along with unprotected speech:

  1. Indecent, lewd or vulgar speech created on one of the campuses.
  2. Speech promoting illicit drug while on a school authorized trip.
  3. Speech that others may reasonably perceive as “bearing the imprimatur of the school”

Speech on digital platforms may also be regulated if it materially disrupts classwork or involves substantial disorder or invasion of the rights of others.

Commercial Speech

Commercial speech is any form of speech, expression, or activity that is primarily intended to market, sell, or promote goods and services on behalf of any person or entity that is not a MPTC department or affiliated organization; this includes soliciting for contributions or donations. Commercial speech may be regulated by MPTC to a greater extent than non-commercial speech.

MPTC is under no obligation to make any campus areas available for commercial speech. Persons or organizations wishing to engage in commercial speech activities at any campus must be granted express written permission to do so by the Vice President – Finance and Administration (or their designee). All approved commercial speech must occur during normal operating hours and may be further limited to certain locations on campus that will not interfere with or disrupt student privacy, education, or MPTC’s educational and business functions.

Any action by MPTC that restricts commercial speech under this procedure shall be applied without discrimination toward the content of the view(s) being expressed. MPTC may consider the effect of commercial speech on the safety and orderly operations of the campus when making determinations regarding approval or necessary restrictions.

Public Assembly

Reasonable Time, Place and Manner Restrictions

All people participating in a public assembly on a MPTC campus assume an obligation to conduct themselves in a manner that is not disruptive to the College’s normal operations. This means that all people participating are responsible for complying with applicable MPTC policies and procedures, including but not limited to the following prohibitions. Employees are not allowed to engage in a non-college sponsored public assembly during work hours. The following are prohibited actions:

  1. Block entrances or otherwise interfere with the free flow of traffic into and out of campus buildings and parking lots.
  2. Have unauthorized entry to, possession of, receipt of, or use of any MPTC services, equipment, resources or properties.
  3. Engage in physical abuse including but not limited to physical or sexual assault; threats of violence; or other conduct that threatens the health or safety of any person or group of persons.
  4. Obstruct or disrupt teaching, research, administration, disciplinary procedures, or other MPTC activities.
  5. Exhibit disorderly or lewd conduct.
  6. Participate in a disturbance of the peace or unlawful assembly.
  7. Unlawfully manufacture, distribute, dispense, possess, use, or sell, or attempt to unlawfully manufacture, distribute, dispense, possess, use, or sell controlled substances, as identified in federal and state law or regulations.
  8. Manufacture, distribute, dispense, possess, use, or sell, or attempt to manufacture, distribute, dispense, possess, use, or sell alcohol that is unlawful or otherwise prohibited by or not in compliance with MPTC policy.
  9. Possess, use, store, or manufacture a firearm, explosives, or other weapons and destructive devices.
  10. Engage in the theft of, conversion of, destruction of, or damage to any MPTC property, or any property of others while on the College’s campuses.
  11. Possess any property when the individual had knowledge or reasonably should have had knowledge that it was stolen.
  12. Operate a drone over an MPTC Campus.
  13. Fail to comply with the directions of a MPTC official or other public official acting in the performance of their duties while on a MPTC campus or at official MPTC functions; or resist or obstruct such MPTC or other public officials in the performance of their duties.
  14. Camp, prepare food or lodge on MPTC property other than in authorized facilities.
  15. Climb up or rappel from any tree, building, or structure on MPTC property; or
  16. Participate in indecent exposure or public nudity on any MPTC campus. This prohibition does not apply to appropriate visual or performing arts productions, or academic programs or classes scheduled or sponsored by campus academic units or departments as determined by the department personnel.

Public assembly is allowed in areas the College has designated as public forums.

Sound Amplification

The use of sound amplification equipment for functions or events must be approved in writing by the Director of Facilities (or their designee) no less than 5 business days before the event. MPTC may control the volume and direction of sound amplification so as not to interfere with other campus or community activities.

Acoustic or ambient sound, such as that generated through musical instruments may be limited when such use interferes with the orderly conduct of MPTC business or authorized events.

Distribution of Printed Materials and Display Tables

Printed materials include posters, signs, circulars, newspapers, pamphlets, handbills, fliers, announcements, or similar material. MPTC prohibits printed materials which incite others to imminent lawless action, raise false alarm regarding imminent personal danger, constitute severe and pervasive harassment, endanger the health or safety of others, interfere with or disrupt the normal functioning of MPTC, result in damage to MPTC property, or deny or unreasonably interfere with, the rights of others on MPTC premises.

Individuals or groups who are not associated with the MPTC campus who wish to distribute non-commercial materials on campus must seek express written permission from the Vice President of Finance – Administration (or their designee). Further, all individuals who wish to distribute commercial materials (i.e. materials intended to market, sell, or promote goods or services on behalf of any person or entity that is not a MPTC department or affiliated organization) on campus must seek express written permission from the Vice President of Finance - Administration (or their designee). These materials can only be distributed in Public Forums areas of the College.

Only MPTC students and employees, or MPTC-recognized groups may maintain a display table, chairs, or other display materials. Display tables may not block any entrance or walkway or otherwise restrict the free flow of vehicular or pedestrian traffic. Tables or other display materials must be staffed at all times by MPTC students, employees, or appropriate personnel during the time of the event. The name of the sponsoring organization must be clearly displayed on each table and item on display.

Individuals and groups, who are not associated with MPTC, who want to set up a display table inside the campus must obtain express written permission from the Vice President of Finance and Administration.

Gathering of Signatures

The gathering or solicitation of signatures for petitions, for the nomination of a candidate for elective office, in a city-, county-, or statewide elections, or for similar purposes is permitted pursuant to the following:

  1. Students and employees may generally solicit signatures when campus is open to the general public. Employees must do this outside of work hours.
  2. Individuals or groups not associated with MPTC who wish to solicit signatures on campus must seek express written permission from the Vice President of Finance and Administration.
  3. Signature solicitation must not interfere with the orderly conduct of MPTC affairs, the maintenance of MPTC property, the entrance to or exit from any MPTC facility, and the free flow of vehicular and pedestrian traffic. No individual may solicit signatures in campus libraries during standard operating hours or in academic facilities or classrooms while class is in session unless granted express written permission to do so.

Posting of Printed Materials

The posting or affixing of printed materials is limited to bulletin boards on each campus designated for this purpose. Postings may not exceed 11" x 14" in size and must clearly indicate the name of the sponsoring organization or individual. All postings will be removed on a regular basis as outlined in related policies and procedures.

Other than college designated location requiring prior approval for posting, no printed materials, posters, handbills, or any other form of announcement or statement may be placed on or against, attached to, or written on any structure or natural feature of MPTC's campus including, but not limited to the sides of doors or buildings, windows, the surface of walkways or roads, cars, posts, waste receptacles, trees or stakes without express written permission from the Director of Facilities (or their designee). Nor may any chalk, paint or permanent markings be made on such structures without MPTC's express written permission.