FAQ

Because private universities are not government entities, they are not required to uphold First Amendment protections in the same manner as public universities. In other words, private institutions may generally impose stricter limitations on speech and expression that their public counterparts. Still, many private institutions adhere to freedom of expression principles and support academic freedom. Private institutions that receive federal funding must also adhere to federal anti-discrimination laws, such as those applicable under Title IX. 

Dartmouth College regulations protect students' freedom of expression and dissent. This protection is memorialized in Dartmouth's Freedom of Expression and Dissent Policy. The Freedom of Expression and Dissent Policy should be read alongside Dartmouth's established standards of conduct and other relevant policies.

Sources: The Basics | PEN America, Private Universities | The Foundation for Individual Rights and Expression (thefire.org) Standards of Conduct | Dartmouth Student Affairs, Freedom of Expression and Dissent | Policies (dartmouth.edu)

The Freedom of Expression and Dissent Policy applies to all students in each of Dartmouth's five schools. 

Approved guest speakers at Dartmouth, including high profile speakers invited by student organizations, departments, etc., are afforded the same protections as the campus community unless otherwise specified. Correspondingly, programming, and the guests themselves, are subject to the College's policies. Student organizations should review and adhere to the Privileges and Expectations of Recognized Student Organizations and other related policies found here. 

Sources: Policies – Dartmouth Student Organizations

Dartmouth is committed to the principles of free speech. Vigorous discussion, debate and academic freedom are fundamental to this commitment and may include speech that is – for instance – controversial and/or deemed by some members of the community as offensive. Controversy or offensiveness, on their own, is not sufficient for the speech to constitute Prohibited Conduct. Rather, conduct must rise to the level of discrimination, harassment, or retaliation as defined herein in order to constitute Prohibited Conduct. Prohibited Conduct compromises Dartmouth's integrity and tradition of intellectual freedom and will not be allowed to persist.

In June of 1980, the Board of Trustees endorsed the following Principle of Community for Dartmouth College:

The life and work of a Dartmouth student should be based on integrity, responsibility, and consideration.  In all activities each student is expected to be sensitive to and respectful of the rights and interests of others and to be personally honest.  They should be appreciative of the diversity of the community as providing an opportunity for learning and moral growth.

This statement provides a basis for interaction between and among all members of the College, and each of us is expected to be mindful of it in pursing our own interests as members of this community.

Sources: Nondiscrimination and Anti-Harassment Policy and Resolution Procedures | Policies (dartmouth.edu), Principles of Community | Dartmouth Student Affairs

Exceptions to free expression include: Defamation, Incitement, True Threats, Fighting Words, and Obscenity. Additionally, the following is outlined under the Nondiscrimination and Anti-Harassment Policy: 

V. PROHIBITED CONDUCT

Dartmouth is committed to creating and maintaining a living, learning, and working environment free from discrimination and harassment. To that end, Dartmouth prohibits the following types of conduct, collectively, "Prohibited Conduct".

Discrimination
Discrimination under this policy refers to:

1. different and unfavorable treatment of an individual or group, compared with a similarly situated individual or group, based on protected class status, that results in an adverse education or employment action for that individual or group, or
2. a policy or practice that is neutral on its face but unduly disadvantages, or adversely impacts, individuals based on their protected class, and is not justified by a legitimate, nondiscriminatory reason.

Harassment
Harassment is any act of intimidation or hostility based on protected class status (or perceived protected class status) that is sufficiently severe, persistent, or pervasive such that it has the purpose or effect of unreasonably interfering with, limiting or depriving an individual from participating in or benefiting from Dartmouth's Education Programs or Activities under both an objective and subjective standard (hostile environment). In evaluating whether a hostile environment exists, Dartmouth will evaluate the totality of known circumstances, including, but not limited to:

a) the frequency, nature and severity of the conduct;
b) whether the conduct was physically threatening;
c) the effect of the conduct on the Complainant's or Third Party's mental or emotional state;
d) whether the conduct was directed at more than one person;
e) whether the conduct arose in the context of other discriminatory conduct;
f) whether the conduct unreasonably interfered with the Complainant's or Third Party's educational or work performance and/or Dartmouth's Education Programs or Activities;
g) whether the conduct implicates academic freedom or protected speech; and,
h) other relevant factors that may arise from consideration of the reported facts and circumstances.

Retaliation
Retaliation under this policy means any adverse action, intimidation, threat, coercion, or discrimination against an individual for the purpose of interfering with any right or privilege secured by applicable laws or Dartmouth policy, or because the individual has made a report or Formal Complaint of Prohibited Conduct, testified, assisted, or participated or refused to participate in any manner in any investigation, proceeding or hearing under this policy. Retaliation includes such conduct through associates or agents of a Complainant, Respondent, Third Party Reporter, or participant in any investigation or proceeding related to this policy.

Sources: Nondiscrimination and Anti-Harassment Policy and Resolution Procedures | Policies (dartmouth.edu)

No college or community is immune to problems that arise as a result of lack of knowledge, thoughtlessness, misunderstanding, or various forms of intolerance. With that, the Achieving Community Together (ACT) process is a fact-finding, communication, education, and response process that was developed to provide guidance in assisting and supporting the student community when incidents occur that are experienced or perceived as undermining the College's Principle of Community. 

All ACT reports are shared with the ACT Response Team (ART). This team evaluates each report and when appropriate meets with the impacted and implicated parties. If there is behavior that, if true, violates a college Standard of Conduct, the report will be shared with the Department of Safety & Security and the Office of Community Standards & Accountability for appropriate action under applicable disciplinary processes. Otherwise, our goal is not to engage in disciplinary action but to engage in dialogue about the action and its impact in an effort to learn, grow, and to enhance our community. Through this process we work together to raise awareness, create educational and restorative opportunities for growth and responsibility, and provide support across our community for fulfilling our Principle of Community.

Reporting an Incident: If you witness or are directly impacted by an incident, immediately contact a College official or Safety and Security at 603-646-4000, or submit the report using the Online Reporting  Form.

These reports are monitored 24/7. When a report is submitted, an email notification goes automatically to the Dean on Call and the Department of Safety and Security dispatch. Incidents can also be reported by using the LiveSafe app.

Additionally, there are numerous other resources available including: 

Community Standards & Accountability

603-646-3482 community.standards@Dartmouth.edu

Dean of the College

603-646-3113 Dean.of.the.College@Dartmouth.edu

Department of Safety and Security

603-646-4000 Safety.and.Security@Dartmouth.edu

Dick's House Counseling Center

603-646-9442 Dicks.House.Health.Service@Dartmouth.edu

Institutional Diversity & Equity

603-646-1606 institutional.diversity.and.equity@Dartmouth.edu

Student Wellness Center

603-646-9414 Student.Wellness.Center@Dartmouth.edu

Tucker Center

603-646-3780 tucker.center@Dartmouth.edu

Succinctly, no, by its very definition, civil disobedience is not protected free speech or expression. "For an action to be considered an act of civil disobedience, certain criteria must be met. The protest must be public and witnessed by other citizens, the protest must be nonviolent and collective, and citizens must be protesting against laws, policies, or practices that they consider immoral or unjust to society and individuals.." While Dartmouth College acknowledges the integral role civil disobedience has played as an agent of social change, it is advised that those seeking such change on campus consult with campus partners to organize demonstrations or protests that adhere College policies. With that, to ensure a safe and inclusive environment for students, Dartmouth seeks to apply a judicious, nonviolent, and proportionate response to civil disobedience.

Yes, those keen on protesting or leading a demonstration must abide by all institutional policies. And, as outlined, the College can regulate time, place, and manner. 

The Green is private property owned by Dartmouth College. Student use of The Green is guided by the Use of the College Green and Campus Grounds policy. Any individual in violation of law or policy while on The Green can be removed and trespassed.  

Dartmouth may place limitations on the time, place, and manner of any speaker event, protest, or demonstration. Some examples include, but are not limited to:

• Place: The College may designate specific areas for activities on campus to occur;
• Time: The College may restrict the length of time of an event if its continuation after a certain time would interfere with core educational or administrative functions of the College; and/or
• Manner: The College may restrict the placement or size of signage.

Additionally, students must adhere to all relevant policies when considering events, programming, demonstrations, etc., some of which are listed here: Relevant Policies | Office of Student Life (dartmouth.edu)

As outlined in Standard VIII of the Standards of Conduct, "Actions among those considered to constitute intentional disruption of the orderly processes of the College include, but are not limited to, the following:

• The unauthorized entry into, or occupation of a private office, work area, or a closed and/or posted College building;
• The failure to maintain clear passage into, out of, or to any part of a College building or passageway;
• Conduct that interferes with normal activities or movements in a building, including the failure to vacate a building or office at its normal closing time (the presence of College employees or other authorized individuals in a building or office after hours does not alter the normal closing time);
• Conduct that restricts or prevents College employees from performing their duties; or
• Conduct (including by way of example, obstruction, noise, or the display of banners or objects) that prevents or disrupts the effective carrying out of a College function or approved activity, such as classes, lectures, meetings, interviews, ceremonies, and public events."

Students should be diligent in their planning and ensure they are abiding by all relevant policies and processes. If prudent, students should reach out to campus offices or administrators for assistance with space requests, completing necessary permits, and navigating challenges to the Freedom of Expression and Dissent policy. For student organizations, this page is a good place to start. 

No, shouting down, heckling, and other similar actions are considered disruptive and potentially violations of Standards VII and VIII of the Standards of Conduct. Individuals undertaking these or similar actions would be asked to leave an event and/or removed if not compliant with requests to cease disrupting. Additionally, individuals can be held accountable through the College's Community Standards and Accountability process and/or state and federal laws.

Dartmouth College values free expression and dissent and will do what it can to support programming and/or prevent disruption or violence. However, if despite all efforts by the College, and after all contingencies and alternatives have been explored, there remains a serious threat to public safety, an event may be rescheduled or canceled in consultation with the organizer(s).

As defined by the American Association of University Professors: "Academic freedom is the freedom of a teacher or researcher in higher education to investigate and discuss the issues in his or her academic field, and to teach or publish findings without interference from political figures, boards of trustees, donors, or other entities. Academic freedom also protects the right of a faculty member to speak freely when participating in institutional governance, as well as to speak freely as a citizen."

At Dartmouth, it is stated: "The Trustees and Faculty of Dartmouth College agree that the principle of academic freedom is fundamental to the life and work of the institution and of all who serve it in the responsible performance of teaching and scholarly pursuits."

With this information, we can see similarities in the protection of faculty and students in being able to "speak freely" and how both academic freedom and Freedom of Expression and Dissent are fundamental to the institution. However, "One difference that distinguishes academic freedom from general freedom of expression is the concept of and search for the truth, and the disciplinary bounds in which scholarship occurs."

Further, the AAUP explains: "Although academic freedom in the United States receives some protection—at public universities—from the First Amendment, free speech is not a good model for understanding academic freedom because The First Amendment is premised on an "equality of status in the field of ideas." All expressions are given equal protection under the law.

• Academic knowledge is premised on an inequality of status between differing ideas. Faculty members routinely reject certain ideas as lesser than others, and train their students to do the same. Without this process of designating certain ideas as less worthy than others, knowledge would not progress.
• Academic freedom does not protect some speech that may be protected by the First Amendment—for example, that which manifests disciplinary incompetence.
• First Amendment rights are focused on the individual.
• Academic freedom rights are regulated by the collective--peers determine what constitutes disciplinary competence."

Sources: FAQs on Academic Freedom | AAUP, ORGANIZATION OF THE FACULTY OF ARTS AND SCIENCES (dartmouth.edu), FAQs - Miami University (miamioh.edu)

Yes, some of the most cited case law related to Free Expression on college campuses is included below. Though, not all are relevant to private institutions. 

Facts and Case Summary - Tinker v. Des Moines | United States Courts (uscourts.gov)

CHAPLINSKY v. STATE OF NEW HAMPSHIRE. | Supreme Court | US Law | LII / Legal Information Institute (cornell.edu)

Cohen v. California :: 403 U.S. 15 (1971) :: Justia US Supreme Court Center

Whitney v. California :: 274 U.S. 357 (1927) :: Justia US Supreme Court Center

15-1293 Matal v. Tam (06/19/2017) (supremecourt.gov)

Snyder v. Phelps :: 562 U.S. 443 (2011) :: Justia US Supreme Court Center

JONES v. BOARD OF REGENTS OF UNIV. OF ARIZONA | 436 F.2d 618 | 9th Cir. | Judgment | Law | CaseMine

Brandenburg v. Ohio :: 395 U.S. 444 (1969) :: Justia US Supreme Court Center

DeJohn v. Temple University - Harvard Law Review

Speech First, Inc. v. Sands - Harvard Law Review