West Virginia University launched a website earlier this year about the First Amendment and the unique role WVU plays as a “marketplace of ideas” – where people can talk from different perspectives. The webpage provides in-depth information about the First Amendment and how it applies to public universities. It also includes an overview of frequently asked questions about the First Amendment, student, faculty, and staff resources, discusses speech and counter speech on WVU’s campuses, and has the University’s social media guidelines, which includes tips for students and employees.
In a “marketplace of ideas,” it’s important to have a set of ground rules of the use for property. WVU’s policies and procedures for the use of university facilities are found in several places and includes such things:
· Outdoor assembly areas are open to the public and do not require advance reservation for use between 7:30 a.m. and 10 p.m., Section 3.2.3 of BOG Finance and Administration Rule 5.5, Use of University Facilities;
· Advance reservation is encouraged though in order to ensure a specific date and time has not already been reserved, Section 3.2.3 of BOG Finance and Administration Rule 5.5, Use of University Facilities;
· Only students, faculty, staff, and campus recognized organizations and departments may assemble inside of campus buildings and may obtain reservations by utilizing the reservation procedures located on the WVU Facilities Scheduling webpage, Section 3.3 of BOG Finance and Administration Rule 5.5, Use of University Facilities;
· All Commercial Sales, Solicitations, Advertising, and Other Commercial Activity on WVU property is prohibited except by organizations and groups directly connected with the University and upon written approval or pursuant to a written contract, Section 5.1 of B BOG Finance and Administration Rule 5.5, Use of University Facilities;
· No activity may create an imminent health or safety hazard and open flames on campus are prohibited, Section 4.2 of BOG Governance Rule 1.8, Freedom of Expression;
· No one may interfere with, impair or impede (1) classes, events, ceremonies, or normal operations of the University; (2) the flow of vehicular or pedestrian traffic; (3) ingress or egress of any building; (4) any event by blocking audience view, making sufficient noise to hamper a speaker or performance; or (5) another’s lawful assembly or expressive activity, regardless of viewpoint, Section 4.3 of BOG Governance Rule 1.8, Freedom of Expression.
Additionally, West Virginia law, guidance from West Virginia’s Attorney General, the City of Morgantown ordinances, and WVU’s Campus Conduct Code prohibit, among other things:
· Disorderly Conduct, W. Va. Code § 61-6-1b;
· Destruction of Property, W. Va. Code § 61-3-30;
· Obstructing a Law-Enforcement Officer, W. Va. Code § 61-5-17;
· Destruction of [College] Building by Rioters, W. Va. Code § 61-6-6;
· Trespassing, W. V. Code § 61-3B-3, W. V. Code § 61-3B-4;
· Loud & Unnecessary Noise within Morgantown city limits; City of Morgantown, Noise Ordinance, Section 527.01 through 527.11 (establishing maximum permissible sound levels from stationary sources);
· Camping on Public Property, City of Morgantown, Section 1157.01 through .08 (effective Oct. 4, 2024).
· Riotous behavior and hooliganism, WVU Campus Conduct Code, Section 6.2(e);
· Obstruction or Disruption, WVU Campus Conduct Code, Section 6.2(l).
Disruption or obstruction, as defined in the WVU Campus Conduct Code includes disrupting others’ rights under the First Amendment and may be addressed by the Office of Student Rights and Responsibilities – as well as any other violations of state or local law.
WVU reminds students, faculty, staff and visitors that the free exchange of ideas is encouraged in a civil, conscientious and considerate manner consistent with the University’s rules and policies.
Additional information and resources are available at https://generalcounsel.wvu.edu/the-first-amendment.
For questions or concerns, please contact the Office of General Counsel at LegalServices@mail.wvu.edu.