Respectful, inclusive, and tolerant communication among members of our University community is critical to maintaining a flourishing learning environment. In exercising these important responsibilities, however, the University must use constitutionally permissible means to carry out its mission and obligations. Importantly, the First Amendment to the Constitution restricts the University from placing selective limitations on speech or expression because it is insensitive, boorish or expresses viewpoints on disfavored subjects. Similarly, the First Amendment forbids the University from regulating or punishing speech or the expression of ideas or messages because they are offensive or controversial.
The "forum analysis" is the most commonly used test to determine the level of restriction that may be placed on free speech. The forum analysis examines the nature and purpose of the property or location where the speech occurs, the subject matter of the speech, and any restriction being imposed on the speech. The level of scrutiny that a court will place on a speech restriction will depend upon the conclusions derived from the forum analysis.
First Amendment Free Speech and Assembly: The Public Forum Doctrine [PDF] by Steven J. Adamczyk, University Attorney, Office of the General Counsel, The University of Arizona.
No additional resources at this time.
