Are all parts of campus considered public spaces?
Outdoor spaces on the university campus are both functionally and legally distinct from indoor spaces, making them subject to different regulations. A legal distinction between outdoor space and indoor space is made by Missouri statutory law. (See Mo. Rev. Stat. § 173.1550.1.) Under the Missouri statute, the “outdoor areas of campuses of public institutions of higher education in this state shall be deemed traditional public forums. Public institutions of higher education may maintain and enforce reasonable time, place, and manner restrictions in service of a significant institutional interest only when such restrictions employ clear, published, content, and viewpoint-neutral criteria, and provide for ample alternative means of expression. Any such restrictions shall allow for members of the university community to spontaneously and contemporaneously assemble.”
Because of this statute, all outdoor areas on the university campus are designated “traditional public forums.” This phrase is a term of art articulated by the Supreme Court of the United States, and the term is used to help explain how the First Amendment is applied when disputes about the contours of free speech arise in public areas. For more information on how government entities (including public universities) may regulate traditional public forums, read about outdoor vs. indoor spaces in our guiding principles.
The Use of Facilities policy implements the statute by making all outdoor areas available for protests, assemblies and other expressive activities, except for spaces where there are viewpoint-neutral reasons for restricting the time, place or manner of speech and expression in that space.
Does the campus have free speech zones?
No, not in the way that term is generally used. The term “free speech zones” generally refers to a practice in which a university that allows expressive activities to take place only in designated areas. The university does not follow that practice. Instead, expressive events are allowed throughout campus, with the exception of some limited times and locations that are restricted based on viewpoint-neutral time, place and manner rules that are published in the Use of Facilities policy.
Can I use amplified sound on campus?
BPPM 6:052 requires a permit for use of amplified sound, with some limited exceptions. The following criteria apply to permit requests:
- The applicant must show that the audience can reasonably be anticipated to include at least 250 people.
- The applicant must show that the volume and direction will not disrupt, interfere with or prevent the orderly conduct of a university function or activity.
- Permits are not available between 8 a.m. and 6 p.m. when classes are in session and are not available during reading days or final exams.
- Permits are only available at fixed locations and will not be issued for amplification devices primarily designed for mobile use (such as bullhorns).
The policy allows for exceptions, stating that permits are not required for:
- The university’s own amplification equipment for various authorized university activities and purposes.
- Personal amplification devices substantially limited to the user’s work, study or living space.
- An amplification device used outdoors that
- Is more than 50 feet from any building in which university operations are occurring;
- Is at a volume of 50 decibels (approximately the volume of a normal conversation between two people) or lower when measured at a distance of 50 feet; and
- Does not otherwise substantially disrupt or materially interfere with ordinary and normal university operations.
Can I chalk the sidewalks on campus?
BPPM 6:056 permits the use of chalk (water soluble / washable by water) on most sidewalks and plaza areas on campus, but paint, chalk paint and spray chalk are not allowed. Chalking is not permitted on interior, brick or vertical surfaces, and is also prohibited on Traditions Plaza, the sidewalks of Carnahan and Francis quadrangles, within 25 feet of building entrances, and sidewalks within 100 feet of MU Health Care facilities. The policy states: “Chalking that violates federal or state law is prohibited, unless such chalking is protected by the rights of free speech and expression as set forth in the U.S. Constitution or the Constitution of the State of Missouri.”
Can I camp on campus?
BPPM 6:095 defines camping and states that camping on university property is prohibited absent limited exceptions, such as, “On University property specifically identified as a campground and used exclusively for the purpose of camping and related recreational outdoor activities” and “On University property specifically identified as a location for overnight parking of vehicles when the University or University department has given written approval, has issued a permit for such parking, and if applicable has collected a fee for the issuance of the overnight permit” (e.g., authorized tailgating spots). The rule prohibits you from setting up “temporary or permanent living quarters at any location on University property other than residence halls, apartments, or other University managed housing.”
Can I put up a tent on campus?
BPPM 6:050 states that you may not “Construct structures or set up items requiring penetration in earth, concrete, brick or similar surfaces on University grounds without prior written authorization from the Associate Vice Chancellor for Campus Facilities.” The rule defines “structure” as “the framework of and the space enclosed by any building, booth, tent, canopy, vehicle, trailer, fence, wall, or similar object or enclosure.” In other words, to drive tent stakes into MU’s lawn or other surfaces, you need a permit. May you pitch a tent that does not require “penetration in earth, concrete, brick or similar surfaces”? Yes. May you use such a tent to hold political (or other) discussions? Yes. But you may not use it as living or sleeping quarters because camping on campus is prohibited.
Do I need a permit to hold a rally on campus?
No, with very few exceptions. BPPM 6:050 states that the university “is committed to protecting the rights of expression, assembly, protest, and dissent and to making its facilities and grounds available for these activities” and also states that, “Protecting impromptu and spontaneous assembly for the purpose of expression, protest, and dissent is essential to fulfilling this commitment.” Accordingly, you may often use space at Mizzou without a permit, and the lack of a reservation is a basis for terminating expressive activity in only a few narrow circumstances.
For example, if someone else has previously reserved a space for an activity, another group seeking to use the space at the same time cannot do so. The other group can move its activity or can schedule an alternative public space. The policy provides contact information to assist those who wish to reserve campus spaces such as classrooms, rooms at the Student Center and Memorial Union, space at MizzouRec, and outdoor locations such as Francis Quadrangle and Traditions Plaza. Many of these spaces may freely be used with no permit, as long as someone else is not using them already. Also, use of city streets and sidewalks within the boundaries of the university may require a permit from the City of Columbia. The Office of Reservations and Events will refer those seeking to schedule events on city-controlled spaces to the appropriate City of Columbia offices.
In addition, a few locations are not available for reservation or unscheduled expressive events at any time. The list includes locations such as:
- Areas within 20 feet of the entrance or exit to any building.
- Areas surrounding the MU Research Reactor (MURR), the University Power Plant and the Laboratory for Infectious Disease Research.
- Parking garages.
- Parking lots during times when permits or meters are required.
- Sanborn Field.
- Green spaces adjacent to health care facilities.
For the full list, consult the Use of Facilities policy.
Can I protest on campus?
Yes, but university policy prohibits protest and assembly at certain limited locations and times. BPPM 6:050 lists certain places where you may not conduct “demonstrations, protests, rallies, vigils, or assemblies.” The list includes locations such as:
- Hospitals, health care clinics and other health care facilities.
- Any room or other space in circumstances where a private meeting is being held, or has been scheduled to be held, in such space.
- Private offices.
- Laboratories and associated facilities.
For the full list, consult the Use of Facilities policy.
The policy prohibits holding demonstrations, protests, rallies, vigils or assemblies or maintaining displays for more than 8 hours during a 24-hour period without an approved reservation. See the policy for the definition of a display and list of requirements for displays on campus.
The policy also identifies a limited set of locations that are not available for reservation or unscheduled expressive activities. The list includes locations such as:
- Areas within 20 feet of the entrance or exit to any building.
- Areas surrounding the MU Research Reactor (MURR), the University Power Plant and the Laboratory for Infectious Disease Research.
- Parking garages.
- Parking lots during times when permits or meters are required.
- Sanborn Field.
- Green spaces adjacent to health care facilities.
For the full list, consult the Use of Facilities policy.
There are a few outdoor spaces that can be reserved in advance for events, but where impromptu, spontaneous protests and assemblies are prohibited. The list includes locations such as:
- Stankowski Field.
- Green space surrounding the Residence on the Quad.
- Areas managed by the University of Missouri Department of Intercollegiate Athletics.
- Hinkson Recreational Playing Fields.
- Epple Field (fields south of Green Tennis Center).
- Parking lots during times when permits are not required.
- Centrally scheduled classroom space.
For the full list, consult the Use of Facilities policy. These spaces are not normally available for events. Except for occasions for which they have been reserved in advance, they are preserved for their intended uses.
Special restrictions apply during the end of each semester, from Reading Day through final exam periods and commencement. During those periods, space reservations are generally limited to official university activities. Reservations by recognized student organizations require approval of campus leadership. Scheduled or unscheduled activities that could create noise disruption on campus are not allowed at those times.
The goal of the policy is to protect university functions while allowing robust freedom of expression. If you wish to hold a rally or other event at a place or time where such activity is prohibited, university representatives will attempt to help you find an appropriate alternative solution.
What if someone is holding an event on campus, and I want to protest it?
To protect the right to free expression at university events, the policy contains the following statement, in the section listing what spaces may be reserved and how to obtain permits: “Nothing in this Section should be interpreted or understood as limiting expressive speech and activities, whether planned or impromptu, at public University functions, activities, and events or in outdoor recreational areas in circumstances where the speech or activity (1) does not interfere with the event’s occurrence or prevent audience members from hearing or observing the event, or (2) does not interfere with the outdoor recreational area’s use for its intended purpose.”
In other words, if you wish to protest a public lecture on campus, you may do so, but you may not prevent the speaker from being seen and heard. For example, you could hold a protest outside the entrance to the building at which the event is occurring, or you could attend the event and hold signs indicating your views, as long as you do not block the audience’s view of the speaker. You cannot shout down the speaker, but you can express your displeasure with the speaker’s ideas with speech commensurate with the expressions of those who favor the speaker. For example, if applause of limited duration is acceptable as an interruption during a speaker’s remarks, boos of limited duration are also acceptable.
This is explained in more detail in our guiding principles, under Vocal Response.
Can I protest a protest?
Yes. As a counter-demonstrator, you also have a right to assemble and protest. This includes a right to be present at a demonstration and to voice displeasure with demonstrators. You are not allowed to physically disrupt the event you are protesting. University officials are permitted to take steps to keep two or more antagonistic groups separated from each other, but such groups should be allowed to be within the general vicinity of each other if this can be accomplished without compromising the health or safety of participants or observers.
When does a protest or assembly rise to the level of “disrupting,” “interfering,” “obstructing” or “preventing”?
For purposes of the Use of Facilities policy, these terms “describe circumstances in which behaviors occur that actually or imminently will substantially disrupt or materially interfere with the ordinary and normal operations of the University.”
This topic is discussed in much more detail in our guiding principles under “Common understanding.”
An important point amplified there is this: “The standards cannot be implemented in a manner that prohibits speech that is disturbing because of its content, merely annoying, outrageous to some listeners, or disruptive in some respect that falls short of impairing the ordinary and normal functions of the university. Rather, the time, place, and manner restrictions in this Policy on interfering or disruptive behaviors describe circumstances in which there are actual or imminent, and substantially disruptive or materially interfering behaviors that impede the ordinary and normal operations of the University.”
Can I take photographs in outdoor areas of the campus? During protests?
Photography is generally allowed in traditional public forums and other public spaces. In other words, when you are in a public space, you have a right to photograph anything that is in plain view. Members of the press have this same right to the same extent (neither more nor less) as any other person.
For more detail, see our guiding principles under “Photography.”
Photography, like other activities, may not be conducted in a manner that would substantially disrupt or materially interfere with the ordinary and normal operations of the university.
In addition, there are more specific policies and limitations on use of images and recordings, which can be found in MU’s Commercial and Personal Photography, Video and Audio Policies and Procedures. For example, photography and other recording or imaging may not be used in any way to imply that Mizzou endorses any individual, organization, product or activity unless such endorsement is specifically granted in writing by appropriate MU authorities. Photographs, film, video, digital imaging and any associated audio recordings cannot be used for commercial purposes if they have been created without written permission from Licensing and Brand Management. More details on policies and limitations can be found in MU’s Commercial and Personal Photography, Video and Audio Policies and Procedures.
Under the policy, can a recognized student organization reserve a room or an outdoor area and keep others out?
Yes, but there are caveats to this answer. A recognized student organization can schedule a room for organization meetings or discussions and limit access to the room to members of the organization. This means that members of the public, nonmembers of the organization and the press can be excluded from the meeting. This is a “closed meeting.”
When a meeting is closed, the organization can invite designated individuals or groups (including members of the press) and exclude members of the university community and general public not related to the sponsoring organization. If a closed meeting is advertised to those who are not invited to attend, there should be a clear disclosure that the meeting is closed.
With a closed meeting, protest by non-attendees is ordinarily limited to activity outside the meeting that does not impede access to the meeting or substantially interfere with the communications in the meeting.
If a meeting or event is not closed, it is open. When a meeting or event is open, the sponsoring organization typically provides timely notice that the meeting is open and typically makes at least a majority of the seats or spaces available to the university community or the general public. At an open meeting or event, the sponsoring organization may limit attendance based on factors such as available space (e.g., a ticketed event), but may not limit or discourage attendance or involve harassment based on race, ethnicity or other protected characteristics listed in the university’s Equal Employment/Educational Opportunity and Nondiscrimination Policy (CRR 600.010).
With an open meeting, limitations on dissent or protest generally depend on whether the dissent or protest occurs inside or outside the meeting and on whether the dissent or protest occurs before, during or after the meeting. For more details, see our guiding principles under “Speaker’s right to communicate.”
Outdoor spaces may be reserved for a closed meeting, limited to the time, place and manner appropriate to the purpose of the meeting. For example, a college might reserve a portion of a quadrangle for an alumni picnic. In most cases, traditional public forums, such as outdoor areas that are generally open to everyone, are not appropriate for closed meetings, and any reservation of those spaces will be limited in size and duration. In the usual case, a closed meeting is most appropriately scheduled in an indoor meeting space.
When private events and activities or closed meetings are scheduled in outdoor spaces, the rights of protest, dissent and assembly in adjacent space in the traditional public forum continue in full force and effect.
This is explained in more detail in our guiding principles under “Speaker’s right to communicate.”