To the Editor, 

We are entering the final stretch of what can only be described as one of the most contentious elections in modern history. The Undergraduate Student Government wants to remind all students and members of the DU community about their rights and the intersection of freedom of expression and university policy. 

We must remember that COVID-19 has changed the ways we live our lives. In normal times large demonstrations in support or opposition of a candidate or issue would be the norm on the DU campus. But this year will be different. Gatherings are prohibited. This causes tension when we think about our constitutionally-guaranteed rights to freedom of speech and expression. 

At the most basic level, freedom of speech and expression is guaranteed by the First Amendment to the United States Constitution. It reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” But over the last several hundred years, we have come to learn that there are some limitations to these broad rights. 

In April 2017, the University of Denver issued its Statement of Policy and Principles on Freedom of Expression. This was the work of the Ad Hoc Committee on Freedom of Expression. The statement concludes, “The University of Denver has historically and consistently dedicated itself to… a community that promotes a culture of robust debate and open dialogue about a wide range of issues across a number of different campus venues… [we are] committed to a free-ranging inquiry on all matters and must ensure that all community members have the broadest ability to think, speak, write, listen and challenge, which are each essential components of learning.”

“Thus, all members of the University community… shall be free to criticize and contest views expressed by other community members or by other speakers who are invited to express their views on our campus… Except in those circumstances in which limitations on such freedoms are necessary to maintain the functioning of the University, the University shall respect and support the exercise of these freedoms.” 

It is with these policies in mind that all students at all times, without limitations, have the following rights:

• To verbally or in writing express a view on a given political issue. This includes support or opposition for any candidate or issue. 
• To display a campaign logo, mark or other identifying article in a manner that does not endanger safety or university operation. Campaign signs may be utilized anywhere on private property off campus. On campus, signs can be displayed in an individual’s room or apartment. This would include outward or inward-facing windows. Any campaign signs placed in a public open space will be removed.
• To wear clothing that bears a political message, as long as that message is not obscene.  
• To communicate a given political view using flyers, posters or social media. Keep in mind, a flyer that is not approved or posted properly will be removed.
• To demonstrate peacefully in support or opposition to a candidate or issue. Bearing in mind that current COVID-19 policy restricts the size of gatherings that students may participate in.

The Statement of Policy and Principles on Freedom of Expression also provides the following limitations on free expression: “Title VI justifiably permit[s] the regulation of ‘conduct… considered sufficiently serious to deny or limit a student’s ability to participate in or benefit from’ education programs…The University is also free to regulate behavior that constitutes unlawful discrimination, violence and violations of equal opportunity policy.” 

It is prohibited to engage in acts of harassment or invasion of another’s privacy. Physically harmful conduct, true threats, intimidation and incitement of others to imminent lawless conduct is completely unacceptable, and any member of the DU community that engages in these acts will be sanctioned accordingly. 

The United States Supreme Court says the following in Terminiello v. City of Chicago, 337 U.S. 1, 4 (1949): “a function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger.”  

With this in mind, the university has adopted the following policy as stated in the Statement of Policy and Principles on Freedom of Expression: “The fact that speech may sometimes be offensive or even emotionally hurtful is not sufficient, alone, to justify interfering with the speaker’s right to engage in such expression.”  

The USG is committed to supporting, advocating for and—in some cases—defending students and their right to freedom of speech and expression. I close by saying remember to go out and vote; it is the most important thing you can do. America is one of the only nations in the world where every four years you get to overthrow your government. The future of our democracy is quite literally in the palm of our hands. 

To learn more about how to vote and to register to vote, visit www.govotecolorado.com. 

Sincerely, 

John Seward

Secretary of Student Advocacy  

Undergraduate Student Government