Student Free Speech & First Amendment Rights
CUNY and The College of Staten Island (CSI) are committed to upholding the Student Community's Constitutional Right to Free Speech. Please review CUNY's Brief Introduction to Free Speech.
CSI is dedicated to the preservation of freedom of speech, civil discourse, and academic freedom as key tenets of the College’s belief in the freedom to debate and discuss the merits of competing ideas, viewpoints, and beliefs. The College supports students’ right to exercise their voices and share their unique and differing points of view. However, please note that the following are not Protected Speech:
- Defamation: False statements that harm the reputation of other;
- Incitement to Violence: Speech that directly encourages or incites others to commit unlawful actions immediately;
- True Threats: Communication that conveys a serious intention to harm or commit violence to a particular person or group;
- Fighting words: Speech that is likely to incite an immediate physical confrontation or breach of the peace;
- Speech by public employees pursuant to official duties or related to matters not of a public concern;
- Speech that prevents others from speaking, expressing themselves or getting an education;
- Material and substantial disruptions or disorder;
- Speech that disrupts classes or school operations;
- Harassment;
- Commercial speech that is false or misleading;
- Fraud;
- Obscenity: Speech that is explicitly sexual and lacks any artistic, literary, or scientific value;
- Pornography.
CSI may also reasonably regulate the time, place, and manner of expression to ensure that it does not disrupt the operations of the College. The College has an obligation to protect the safety and welfare of its students, faculty, and staff, and to ensure that its academic mission is not compromised.
Policies & Procedures for Demonstrations on Campus: Procedures are in place for members of Registered Clubs and Organizations, as well as students that are not part of any Registered Club or Organization, to submit a request to peacefully gather and demonstrate pursuant to the ideas expressed above and in accordance with the Rules And Regulations for the Maintenance of Public Order, known as the Henderson Rules.
Time, Place, and Manner Restrictions
The following regulations apply to all Demonstrations:
- No Demonstrations are allowed inside College buildings.
- No harassment, physical abuse, or threats toward another person or member of the College community.
- No inciting imminent lawless action.
- No blocking or otherwise interfering with the free flow of vehicular, bicycle, or pedestrian traffic. The right of way on streets and sidewalks must be maintained.
- No blocking or otherwise interfering with the ability of others to go into and out of campus buildings.
- No preventing or attempting to force the cancellation of any class, event, or activity sponsored by the College or by any persons authorized to use College facilities. This regulation is not intended to prohibit counter-demonstrations.
- No actions that obstruct or prevent members and guests of the College community from accessing campus activities or facilities.
- Demonstrations are not permitted between 6 PM and 8 AM, and none should exceed three hours in duration.
- No demonstrations during Final Exams or Final Exams reading period.
- No volume of noise that prevents members of the College community from performing their normal campus activities. Amplified sound (e.g., bullhorns) is not permitted and may not be used unless approved in advance in writing by Student Affairs.
- No structures, temporary or otherwise, are allowed. Temporary structures include, but are not limited to, outdoor structures, tables, monitors, tents, and encampments.
- No unattended placards, banners, or other signs, unless they are affixed securely to a location that has been approved for posting. Approval to post posters and flyers on College property must be obtained from the Office of Student Life during the Demonstration Request process.
Designated Location:
The College permits approved Demonstrations to occur outside and away from the entry points of building 1C, the Campus Center. In limited situations, upon review of the submission, the Vice President for Student Affairs or their designee may determine that another location is more appropriate based on particular circumstances associated with a Demonstration.
Compliance with This Policy:
It is the responsibility of the Demonstration organizer and/or sponsoring organization leadership to educate participants about this Policy and other applicable CUNY and College of Staten Island policies, including the Rules and Regulations for the Maintenance of Public Order (the Henderson Rules), and to immediately report any disorderly conduct to Public Safety. For example, all individuals must present a CSI/CUNY-issued identification card or a valid state-issued ID when requested by a College of Staten Island official.
Note: Failure to comply with the above policies and procedures, including those detailed on pages linked to from this page, constitutes a breach of agreement and may lead to the cancellation of any demonstration. Failure to comply with instructions from Public Safety or other College officials, whether prior to, during, or after a Demonstration while dispersing, may result in individuals being considered trespassers. Non-compliance may also lead to conduct charges in accordance with CUNY and College of Staten Island policies.
CSI Students on Behalf of their Registered Club/Student Organization
All CSI students that are members of a Club or Student Organization that intend to organize a demonstration on behalf of that Club/Organization must submit a Student Event Request Form, which is the same process they follow to sponsor an event at CSI. Student groups file event request forms through their group page on CSI CONNECT. All requests will be reviewed by the Office of Student Life.
Upon review, a club/organization representative will be asked to set up a meeting with the Director of Student Life or their designee to review the event submission. A discussion will occur to review whether the purpose of the event is in keeping with the Club's/Organization's Charter, as well as specific issues as they relate to the Time, Place, and Manner restrictions, detailed in the section above.
Please note the following, which are also detailed on the CSI Connect Event Submission Form:
- A minimum of three business days advance notice of a Club or Organization's intention to plan a demonstration is required. To protect the safety of the College Community, counter-demonstrations and/or multiple same-day demonstrations may be denied, and as such each submission will be reviewed on a first-come, first-served basis.
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Once approval is granted for a demonstration, the requestor/s and the Club/Organization organizing/sponsoring the demonstration are responsible for ensuring it is conducted in a responsible manner and acknowledge that no action may endanger the safety or security of the College community, infringe upon the rights of members of the community, obstruct access to College facilities or spaces, damage property, disrupt normal College operations, or otherwise violate applicable laws or CUNY policies.
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This includes: Interfering with College operations, activities, and/or events, including the rights and activities of other students, faculty, employees, guests; Obstructing access to or from offices, buildings or other College campus areas; Failing to comply with directives of College officials and/or local and state officials, including directions to vacate a campus space; Threatening physical harm to persons or damage to College property, or invading the personal space of other students, faculty, employees, or guests; and Exceeding building and/or reasonable outdoors site capacities as determined by the College.
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The location of demonstrations will be designated by Student Life in concert with the College Administration. It is understood that participants may not block access to the College’s facilities and that the College may cordon off the approved site.
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CUNY’s policies are spelled out in the Rules and Regulations for the Maintenance of Public Order (the Henderson Rules). Rule No. 3, for example, specifies that the “Unauthorized occupancy of University/college facilities or blocking access to or from such areas is prohibited.” There are consequences in place for violating the Henderson Rules, ranging from disciplinary probation to expulsion and CUNY will enforce them as needed to protect every member of our community. It is strongly recommended that organizers share the Rules and Regulations for the Maintenance of Public Order with all individuals taking part in their planned demonstration.
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Any individual or individuals engaging in disruptive or disorderly conduct, failing to comply with the directions of a college official, or otherwise violating the policies detailed here, the Henderson Rules, or any other CUNY policy will be subject to disciplinary action.
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All Individuals on campus must comply with the lawful directions of any College Official, including but not limited to Public Safety.
Note: Failure to comply with the above policies and procedures, including those detailed on pages linked to from this page, constitutes a breach of agreement and may lead to the cancellation of any demonstration. Failure to comply with instructions from Public Safety or other College officials, whether prior to, during, or after a Demonstration while dispersing, may result in individuals being considered trespassers. Non-compliance may also lead to conduct charges in accordance with CUNY and College of Staten Island policies.
CSI Students that are Not Members of a Registered Club/Student Organization.
All CSI Students that are not members of a Registered Club or Organization must submit a Student Demonstration Request Form to organize a demonstration. All requests will be reviewed by the Office of Student Life. Upon review, requestors will be asked to set up a meeting with the Director of Student Life to review their event submission. The link to the Form is below. Please read all of the information presented here before submitting the Form.
Please note the following:
- A minimum of three business days advance notice of an organizer's intention to plan a demonstration is required. To protect the safety of the College Community, counter-demonstrations and/or multiple same-day demonstrations may be denied, and as such each submission will be reviewed on a first-come, first-served basis.
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Once approval is granted for a demonstration, the requestor/s organizing the demonstration are responsible for ensuring it is conducted in a responsible manner and acknowledge that no action may endanger the safety or security of the College community, infringe upon the rights of members of the community, obstruct access to College facilities or spaces, damage property, disrupt normal College operations, or otherwise violate applicable laws or CUNY policies.
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This includes: Interfering with College operations, activities, and/or events, including the rights and activities of other students, faculty, employees, guests; Obstructing access to or from offices, buildings or other College campus areas; Failing to comply with directives of College officials and/or local and state officials, including directions to vacate a campus space; Threatening physical harm to persons or damage to College property, or invading the personal space of other students, faculty, employees, or guests; and Exceeding building and/or reasonable outdoors site capacities as determined by the College.
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The location of demonstrations will be designated by Student Life in concert with the College Administration. It is understood that participants may not block access to the College’s facilities and that the College may cordon off the approved site.
-
CUNY’s policies are spelled out in the Rules and Regulations for the Maintenance of Public Order (the Henderson Rules). Rule No. 3, for example, specifies that the “Unauthorized occupancy of University/college facilities or blocking access to or from such areas is prohibited.” There are consequences in place for violating the Henderson Rules, ranging from disciplinary probation to expulsion and CUNY will enforce them as needed to protect every member of our community. It is strongly recommended that organizers share the Rules and Regulations for the Maintenance of Public Order with all individuals taking part in their planned demonstration.
-
Any individual or individuals engaging in disruptive or disorderly conduct, failing to comply with the directions of a college official, or otherwise violating the policies detailed here, the Henderson Rules, or any other CUNY policy will be subject to disciplinary action.
-
All Individuals on campus must comply with the lawful directions of any College Official, including but not limited to Public Safety.
Note: Failure to comply with the above policies and procedures, including those detailed on pages linked to from this page, constitutes a breach of agreement and may lead to the cancellation of any demonstration. Failure to comply with instructions from Public Safety or other College officials, whether prior to, during, or after a Demonstration while dispersing, may result in individuals being considered trespassers. Non-compliance may also lead to conduct charges in accordance with CUNY and College of Staten Island policies.
Access the form here: CSI Student Demonstration Request Form (You will be required to Login with your CUNYFirst credentials, Ex: firstname.lastname##@login.cuny.edu)