University of Minnesota  FAQ

Free Speech and Academic Freedom

Sidebar

Expand all

Sidebar

Table of Contents

TOC placeholder

Governing Policy

Questions?

Please use the contact section in the governing policy.

Free Speech

  1. What is the right to free speech?

    The First Amendment to the United States Constitution guarantees, among other things, the right to free speech. Government entities, including public universities like the University of Minnesota, generally cannot prohibit speech or punish individuals for their speech. However, some categories of speech are not protected by the First Amendment and can be limited or prohibited, including fraud, true threats, defamation, and discriminatory harassment, among others.   

  2. Does the University prohibit hateful speech?

    The First Amendment protects speech, even if it is hateful, unless that speech falls into one of the categories of speech that are not protected by the First Amendment. This means that the University generally cannot prohibit hateful speech or discipline individuals who engage in hateful speech. The University may, however, prohibit hateful speech if it constitutes discriminatory harassment. 

  3. When does hateful speech become prohibited discriminatory harassment?

    Hateful speech becomes discriminatory harassment that is prohibited by the University when it is made on the basis of a protected characteristic and is so severe, persistent, or pervasive that it limits or denies someone's ability to work and/or learn at the University. 

  4. When does off-campus speech constitute prohibited discriminatory harassment?

    Most off-campus speech, including online speech, is protected by the First Amendment and therefore cannot be prohibited or disciplined by the University. However, off-campus or online speech may constitute prohibited discriminatory harassment in rare situations where the off-campus or online speech is made on the basis of a protected characteristic and is so severe, persistent, or pervasive that it limits or denies someone's ability to work and/or learn at the University.

Academic Freedom

  1. What is academic freedom?

    Under Board of Regents Policy: Academic Freedom and Responsibility (PDF), academic freedom is “the freedom, without institutional discipline or restraint, to discuss all relevant matters in the classroom, to explore all avenues of scholarship, research, and creative expression, and to speak or write on matters of public concern as well as on matters related to professional duties and the functioning of the University.”

    Academic freedom does not encompass the freedom to engage in prohibited discriminatory harassment, which is speech or conduct that is so severe, persistent, or pervasive that it limits or denies someone's ability to work and/or learn at the University.

  2. What responsibilities accompany the right to academic freedom?

    Board of Regents Policy: Academic Freedom and Responsibility makes clear that, with academic freedom, comes academic responsibility. This Policy states that “[a]cademic responsibility implies the faithful performance of professional duties and obligations, the recognition of the demands of the scholarly enterprise, and the candor to make it clear that when one is speaking on matters of public interest, one is not speaking for the institution.” 

  3. When does classroom speech rise to the level of prohibited discriminatory harassment?

    The right to academic freedom when speaking in the classroom is of critical importance. However, this right does not extend to certain classroom speech that unreasonably infringes upon the rights of others (e.g., as does discriminatory harassment). As stated in the American Association of University Professors Joint Statement on Rights and Freedoms of Students, “[f]reedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. . . . The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the academic community.” The Joint Statement also notes that, “to protect the freedom of students to learn, as well as enhance their participation in the life of the academic community, students should be free from exploitation or harassment.” 

    Unwelcome classroom speech or conduct on the basis of a protected characteristic may constitute prohibited discriminatory harassment when the unwelcome classroom speech is made on the basis of a protected characteristic and is so severe, persistent, or pervasive that it limits or denies someone's ability to work and/or learn at the University. Classroom speech or conduct is more likely to be prohibited discriminatory harassment when it is: 1) on the basis of a protected characteristic; 2) not germane to the subject being taught; 3) directed at an individual because of one of their protected characteristics; 4) engaged in by a faculty member, graduate assistant or other individual in a position of authority; and 5) severe, persistent, or pervasive.