Expressive Activity Policy

The purpose of this policy is to:

1. Protect the free speech rights (expressive activities) of individuals of the LSCO campuses;
2. Preserve LSCO’s primary academic mission; and
3. Protect the health and safety of the LSCO community.

In accordance with state and federal law, as well as the Texas State University System (TSUS) Rules and Regulations, LSCO established the following reasonable time, place, and manner restrictions. Any restriction listed below applies equally to individuals and groups, regardless of viewpoint.

In the event of a conflict between this policy and the TSUS Rules and Regulations, the TSUS Rules and Regulations shall control.

Definitions

• Advocacy or Advocates - Addressing a group for imminent action and steeling, bolstering, or bracing it to such action as opposed to the abstract espousal of the propriety of a course of action.
• Amplified sound - Sound volume that is increased by any electric, electronic, mechanical, or motor-powered means. Shouting, group chanting, and acoustic musical instruments are exempt from this definition and are not subject to the special rules on amplified sound but are subject to general rules on disruption and noise violation.
• Antisemitism - A certain perception of Jews that may be expressed as hatred toward Jews. The term includes rhetorical and physical acts of antisemitism directed toward Jewish or non-Jewish individuals or their property or toward Jewish community institutions and religious facilities.
• Commercial Speech - Speech or writing on behalf of a business with the intent of earning revenue or a profit.
• Common Outdoor Areas - Public forums that include the streets, sidewalks, or other common outdoor property owned or leased by LSCO.  
• Designated Areas - areas where amplified sound, exhibits, and temporary structures may be used or displayed within the time, place, and manner specified by the College.
• Disruptive activities include:
  • Obstructing or restraining the passage of persons to the campus or an area of the campus or to an exit, entrance, or hallway of any building without the authorization of LSCO administration;
  • Seizing control of an area of the LSCO campuses, grounds, or any building or portion of a building for the purpose of interfering with any administrative, educational, research, or other authorized activity; or
  • Disrupting and/or preventing or attempting to prevent by force or violence or the threat of force or violence any lawful assembly authorized by LSCO administration. A lawful assembly is disrupted when a person in attendance is rendered incapable of participating in the assembly due to the use of force or violence or a reasonable fear of force or violence.
• Expressive Activities - Any speech or expressive conduct protected by the First Amendment to the United States Constitution or by Section 8, Article I, Texas Constitution, and includes assemblies, protests, speeches, the distribution of written material, the carrying of signs, and the circulation of petitions. The term does not include commercial speech.
• External Speaker - Any individual who is not a current student, faculty, or staff member of LSCO.
• Grounds - All common outdoor areas on LSCO campuses.

Disruptive Activities

The College strictly enforces the TSUS Rules and Regulations’ prohibition of disruptive activities (see Chapter VI, Subparagraph 5.4 and Chapter VII, Subparagraph 3.7) on the LSCO campuses. Any person who violates the prohibition will be subject to any remedies provided by law and the TSUS Rules and Regulations, including, but not limited to, removal from campus, the student or employee disciplinary process, or criminal prosecution.

College Grounds – Designated Traditional Public Forums

Chapter VII, Subparagraph 3.1 of the TSUS Rules and Regulations designates all College grounds as traditional public forums. Any person may engage in Expressive Activities on College grounds, subject to federal and state laws and reasonable time, place, and manner restrictions.

Individuals may utilize the areas specified in the Reservations section of this policy for Expressive Activities.

Speech, Expression, and Assembly

The following time, place, and manner restrictions shall apply to all Expressive Activities on College grounds:

• Expressive Activities must not at any time interfere with or disrupt the academic mission of the College.
• No table, temporary structure, or equipment associated with an Expressive Activity may block or interfere with the means of entrance or egress to any College building, facility, or classroom.
• All tables and chairs must remain within the reserved space for the duration of the activity.
• Use of amplified sound must comply with the restrictions contained in the Amplified Sound section of this Policy.
• Some areas of the College may be reserved by external groups. Fees may apply.
• Improper use of any College equipment or policy may result in loss of reservation and use privileges.
• Expressive Activities must follow the procedures in the Emergency Operation Plan.

Reservations

• Assembly and distribution of written material is permitted in the patio area located immediately outside the East exit of the J.B. Welch Student Center  during normal college operating hours provided the activity complies with this policy, is lawful, and does not disrupt the functioning of the College.
• Other College facilities are available for reservation: Reservations are made through the Event Coordinator by a representative of the sponsoring student, faculty, or staff organization. Reservations may be denied if the activity is scheduled at the same or similar time as another College function or meeting.

Amplified Sound

To preserve the academic and core business of the College, the use of amplified sound is restricted to certain times and designated areas. Use of amplified sound is permitted subject to the following:

• Location: Use of amplified sound is permitted only in the patio area located immediately outside the East exit of the J.B. Welch Student Center  with an approved reservation.
• Reservation: An amplified sound request must be made in conjunction with a reservation request.  
• Hours: The use of amplified sound is permitted from 8am-5pm every day in the patio area located immediately outside the East exit of the J.B. Welch Student Center with an approved reservation. The use of amplified sound is limited to the reservation period in approved, reserved areas.
• Frequency: Organizations are allowed one (1) amplified sound event per week. Only one (1) amplified sound event at a time is permitted in each designated area.
• Volume: All sound levels will be set by LSCO based on class and campus activities schedules and shall not disrupt the academic mission of the College.

External Speakers

• Only recognized student, faculty, or staff organizations and College academic or administrative units may request authorization to invite an external speaker to speak at the College. External Speakers who have not been sponsored or invited by a registered student, faculty, or staff organization or by the LSCO administration may not speak to groups in campus facilities and buildings unless the speaker is speaking to an off-campus organization that has been approved under the procedures provided in Chapter VII, Subparagraph 3.24 of the TSUS Rules and Regulations. No invitation shall be issued to an External Speaker without the prior written approval of the LSCO president or designee.
• Any speaker request shall be made in writing to the LSCO president or designee by an officer of a registered student, faculty, or staff organization, or by an LSCO administrative officer desiring to sponsor the proposed speaker no later than six (6) business days prior to the date of the proposed speaking engagement.
• The sponsor of the External Speaker has the responsibility of making clear that the group or organization, not the College, is extending the invitation to speak and any views the External Speaker may express are the External Speaker’s own and not those of the Texas State University System or LSCO.

Banners, Exhibits, Chalking, and Structures

• Recognized Student Organizations, faculty, and staff may hang banners and display exhibits on campus after approval through the Dean of Student Services. Banners, flyers, or posters may not be affixed in any way to College trees for any purpose. No written materials may be permanently placed.
• Outside groups or individuals are not permitted to hang banners or to display exhibits on any LSCO property.
• No group or person, whether affiliated with LSCO or an External Speaker or group, shall publicly display, distribute, or disseminate on the Campus any petition, handbill, or piece of literature, work, or material that is obscene or libelous, or that advocates the deliberate violation of any federal, state, or local law. Literature may not be distributed where the manner or form of said distribution constitutes disorderly conduct, disrupts classroom discussion, impedes the maintenance of public order, or constitutes a danger to the person distributing or disseminating the material or to any group or individual, or otherwise violates this policy.
• Chalking (use of chalk to write on LSCO property) is strictly prohibited unless it is an assignment in a LSCO course or Student Services activity.
• No permanent or semi-permanent structures are permitted on LSCO property. Temporary structures are only permitted in the patio area located immediately outside the East exit of the J.B. Welch Student Center from 8am-5pm or during the reservation period if an area has been reserved. 
• Anyone who erects a temporary structure, display, or exhibit assumes full responsibility for the structure, display, or exhibit, including all injuries or hazards that may arise from it. The College shall not be liable for any damage that may occur to the structure, display, or exhibit, and any person or organization sponsoring the structure, display, or exhibit shall indemnify the College for any claims arising from their presence on campus.

Disciplinary Process

• Students who violate this policy will be subject to appropriate discipline under LSCO’s Catalog, up to and including expulsion.
• Staff who violate this policy will be subject to appropriate discipline under LSCO’s Policy and Procedure Manual, up to and including termination.
• Faculty who violate this policy will be subject to appropriate discipline under Chapter V, Paragraph 4 of the TSUS Rules and Regulations, up to and including termination.