Frequently Asked Questions

Freedom of speech is the right of a person to articulate opinions and ideas without interference or retaliation from the government. The term “speech” constitutes expression that includes far more than just words, but also what a person wears, reads, performs, protests and more.

In the United States, freedom of speech is strongly protected by the First Amendment of the U.S. Constitution, as well as many state and federal laws. The United States’ free speech protections are among the strongest of any democracy; the First Amendment protects even speech that many would see as offensive, hateful or harassing.

Yes. UB cannot regulate the content of speech unless it falls within one of the very narrow First Amendment exceptions. Those narrow exceptions include speech that explicitly expresses intent to cause immediate bodily harm; incitement of illegal activity, such as if a speaker on campus exhorts an audience to engage in acts of vandalism; and harassment.

UB may also impose “time, place and manner” limitations on student speech. That may include, for example, limiting disruptive behavior during classroom lectures or prohibiting shouting in residence halls in the middle of the night.

No. The term “hate speech” does not have a legal definition, but often refers to speech that demeans a person or group of people on the basis of race, religion, ethnic origin, sexual orientation, disability or gender. While UB condemns any speech of this kind, there is no “hate speech” exception to the First Amendment and UB must allow even hateful and offensive speech to occur in public forums.

Generally, for speech to rise to the level of harassment it has to be targeted at a student or group of students; be repeated and pervasive; and be threatening, interfering with an individual’s work or education. In the case of club-sponsored speakers on campus, students and other members of the UB community have the option to attend the event or not

As a public institution of higher education, the University at Buffalo recognizes its responsibility to supplement its undergraduate, graduate and professional programs with extracurricular activities.  To permit the appropriate scheduling of facilities, and the observance of requirements for safety and financial responsibility, all requests for use of any type of university space or grounds — other than that required for scheduled academic, intramural and intercollegiate activities — must have a university sponsorship.

The request for space is accepted or rejected on the basis of space availability, necessary services, review of the event for propriety and safety, and timely and properly executed documents of authorization. Academic use of space shall have preemptive priority over non-academic use. 

The university requires all groups using campus space to abide by university guidelines and state laws concerning the exhibition and management of public events.

Public access and fees vary by event   Some speaker events are free and open to the public, but tickets are needed in order to attend because of space limitations; others may require a fee to attend.  

The financing of speakers varies by event. For example. some speaker events, such as the Distinguished Speaker Series, are financed entirely through ticket sales, sponsorships and/or endowments; some are funded through student governments that have an affiliation with the University at Buffalo.

Exploring diverse points of view and engaging in open discussion are core principles upheld at UB. Student government-sponsored clubs have the ability to invite speakers of their choosing to the university and must follow university guidelines and state laws concerning the exhibition and management of public events on campus.

The First Amendment requires that the university remain viewpoint neutral when it comes to decisions regarding speakers who are invited to campus by student groups or other recognized organizations, even if the viewpoints of the speaker or content of the speech run counter to UB’s values of diversity, inclusion and mutual respect.

The university requires all groups using campus space to abide by university guidelines and state laws concerning the exhibition and management of public events.

As a public university, it is a fundamental value of UB that all members of the campus community and their invited guests have a right to peacefully express their views and opinions, regardless of whether others may disagree with those expressions. This includes the right of protesters to oppose the views or opinions of others, but not in such a way as to limit or prevent the speaker's freedom of expression or interfere with university operations.

Under the First Amendment, public universities — including UB — cannot disallow student groups and other recognized organizations from inviting speakers to campus based on the content of their speech or the opinions they espouse. UB has no legal option not to allow controversial speakers on campus.

As a public university, UB was built upon the First Amendment and the fundamental right of its community and invited guests to peacefully express their views — even when others disagree. The First Amendment is essential for the free exchange of thought and diversity of opinion, which are at the core of the university’s mission.

At the same time, UB recognizes that offensive speech can be painful or threatening to members of our community, and the fact that UB must allow this speech does not constitute acceptance or an endorsement of repugnant or offensive viewpoints.

As UB has seen in the past, speakers may hold opinions contrary to its own or make comments that can polarize the campus as they do the nation. This does not change our core beliefs as a university.

The First Amendment protects the right to say hateful things, but that doesn’t mean we condone them as a university. UB holds steadfast to our values of diversity, inclusion and mutual respect. We are committed to fostering a safe, welcoming environment — just as we are committed to freedom of expression.

Freedom of expression also gives individuals the right to oppose the opinions of others — just as long as it’s done in such a way that doesn’t limit the speaker or interfere with university operations. The university has a legal obligation under the First Amendment to protect speakers from disruption or interference. 

The university supports the right to peacefully assemble and protest, but there must be a sense of order on campus where discourse remains civil, non-threatening and does not disrupt the thousands who come to campus each day to study and work.

Yes. As a State University of New York institution, UB must allow individuals or groups who are unaffiliated with the university to demonstrate or protest in designated outdoor spaces on campus, regardless of whether others may disagree with the viewpoints of the speaker or group. Unaffiliated individuals or groups may demonstrate in these outdoor spaces on UB’s campuses, so long as the demonstrations abide by university guidelines and state laws concerning the exhibition and management of public events and do not disrupt regular operations.

While the First Amendment gives visitors the right to share their viewpoints on our campuses, individuals have a right to peacefully protest and oppose those viewpoints of others but not in such a way as to limit or prevent a speaker’s freedom of expression. 

UB is committed to being a safe and welcoming place for all people.  University Police typically have a presence at on-campus public events to help ensure the safety of speakers and attendees.

In regard to on-campus student actions and assemblies that tend to endanger life, public or private property or to violate local, state or federal laws, each student will take the consequence of his or her own actions as an individual before the law, as well as being referred to the appropriate university disciplinary body. 

Speech occurring in an instructional or research context is covered by academic freedom principles. Academic freedom is protected in both the Policies of the Board of Trustees and the State-UUP Agreement.  

Exploring diverse points of view in the course of scholarly debate, discussion and research is vital to UB’s academic mission. The freedom of faculty members and students to explore topics related to their areas of scholarship and research is fundamental to our mission and is encouraged by our faculty. Sometimes these topics are contentious, but we believe that academic freedom is essential for fostering a better understanding of the world we share.  

UB is committed to fostering a diverse, inclusive and safe environment for our students, faculty, staff, alumni and other campus visitors. It is who we are at UB; it is how we identify as a campus community. It is what motivates us to cultivate a living and learning community where all feel safe, respected and valued.

If you are on campus and feel that your safety is at immediate risk, please contact University Police at (716) 645-2222.  If you are off-campus, call 911.