Expressive Activity Policy

The purpose of this policy is to:

Protect the free speech rights (expressive activities) of students enrolled at and employees of Lamar State College Orange (LSCO);
Preserve LSCO’s primary academic mission; and
Protect the health and safety of the LSCO community.

In accordance with state and federal law, as well as Chapter VII, Paragraph 3 of the Texas State College System (TSUS) Rules and Regulations, the College has 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.

Amplified Sound is 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/noise violation.
Antisemitism in this policy means 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.
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 the 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 College-authorized activity;
- Modification, destruction, appropriation, control, and/or any improper use of any LSCO equipment or property is prohibited may result in loss of reservation and use privileges;
- Prohibited use of Amplified Sound (see Section 7 of this policy);
- Expressive Activity in the common outdoor areas of a LSCO campus between 10 p.m. and 8 a.m. Central Time, even in designated forums;
- During the last two weeks of a semester or term, Expressive Activities on LSCO Grounds that materially and substantially disrupt the functioning of the College; 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 mean any speech or expressive conduct on LSCO grounds 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;
  - Defamation;
  - Unlawful harassment;
  - Incitement to imminent unlawful activity;
  - Obscenity; or
  - Threats to engage in unlawful activity.
- Only enrolled students and employees of the institution have the right to engage in expressive activities on campus.
Grounds means all common outdoor spaces on LSCO campuses.

2. Disruptive Activities Prohibited

LSCO strictly enforces the TSUS Rules and Regulations’ prohibition of Disruptive Activities (see Chapter VI, Subparagraph 5.4 and Chapter VII, Subparagraph 3.7) on a LSCO campus. Any person who violates the prohibition will be subject to any lawful measures to halt and eliminate any Disruptive Activities, including, but not limited to, removal from campus, or criminal prosecution, and/or student and/or employee discipline under the LSCO Conduct and Discipline policies or other applicable LSCO policy.

3. College Grounds – Designated Traditional Public Forums

Except for any areas the LSCO President designates as a public forum, all common outdoor areas of LSCO are limited public forums for the expressive activities of LSCO’s students and employees.
Pursuant to Chapter VII, Subparagraph 3.41 of the TSUS Rules and Regulations, LSCO designates the following outdoor area(s) as a traditional public forum:
- Green Avenue Green Space, 412 Green Avenue, located at the corner of 4th Street and Green Avenue
Any LSCO enrolled student or employee may engage in Expressive Activities in these outdoor area(s), subject to reasonable time, place, and manner restrictions as stated in this policy, consistent with applicable federal and state law, including the First Amendment to the U.S. Constitution and Section 8, Article I. of the Texas Constitution.
LSCO owned or occupied facilities used for dedicated institutional business are nonpublic forums, unless they are common outdoor areas or are otherwise designated a public forum by the LSCO President. Such nonpublic spaces include, but are not limited to, dining areas, academic and administrative buildings, recreational facilities, and parking lots, etc.
The LSCO administration, including LSCO Security, may increase the circumference restriction, as necessary, solely to protect the health and safety of the campus community or to preserve access to campus buildings or facilities.

4. Speech, Expression, and Assembly

LSCO will use clear, content-neutral and viewpoint-neutral criteria in its regulation of expressive activity to ensure that any restrictions are narrowly tailored to serve a significant interest. The reasonable time, place, and manner restrictions in this Policy shall apply to all Expressive Activities on LSCO Grounds.

Expressive Activities must not at any time interfere with or disrupt the academic mission of the LSCO.
Obstructing or interfering with the means of ingress or egress to or from any LSCO building, facility, or classroom is prohibited. Erecting tents or other living accommodations is prohibited.
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 LCO may be reserved by off-campus groups. Fees may apply.
Expressive activities must follow the procedures in the Emergency Management & Business Continuity Plan.

5. ID Requirement

To the extent required by law, enrolled students and employees of LSCO engaged in Expressive Activity on LSCO grounds must, upon request by LSCO security officers, licensed peace officers or authorized LSCO officials, present proof of identity and affiliation with LSCO, and may not conceal their identity with the intent to intimidate others or to obstruct or interfere with a LSCO security officer or peace officer’s lawful performance of a duty or with the enforcement of the law or LSCO policy.

6. Reservations

Outdoor areas are available for reservation, but not required:

Green Avenue Green Space, 412 Green Avenue, located at the corner of 4th Street and Green Avenue

Reservations are made through the Event Coordinator by a representative of the sponsoring organization. Reservations may be denied if the activity is scheduled at the same or similar time as another College function or meeting.

7. Amplified Sound

Use of amplified sound is permitted subject to the following:

Location: Use of amplified sound is permitted only in reserved areas and with an approved LSCO reservation.
Reservation: An amplified sound request must be made in conjunction with an LSCO reservation request for Green Avenue Green Space.
Time: Amplified sound for Green Avenue Green Space is permitted during the hours of 8:00 a.m. to 10:00 p.m., Monday-Friday. During class hours for on-campus in-person courses, LSCO does not permit the use of Amplified Sound that intimidates others or interferes with campus operations or a LSCO employee’s or a peace officer’s lawful performance of a duty. During the last two weeks of a semester or term, any person engaging in expressive activities as defined in this policy is not permitted to materially and substantially disrupt the functioning of the institution by inviting speakers to speak on campus, by using a device to amplify sound, or by using drums or other percussive instruments.
Equipment: All events using amplified sound in the permitted areas are required to use the LSCO sound system. No personal speakers or sound amplifiers (manual or electronic) will be permitted.
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 sounds levels will be set by the LSCO based on class and campus activities schedules and are not to disrupt the academic mission of the College.

8. Off-Campus Speakers

Only recognized student organizations, faculty, or staff may request authorization to invite an outside speaker to speak on campus. Off-campus speakers who have not been sponsored or invited by a recognized student organization, faculty, or staff 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 outside speaker without the prior written concurrence of the Provost/Vice President of Academic & Student Affairs, Dean of Student Services, or designee. LSCO does not authorize invitations to outside speakers to speak on College Grounds during the last two weeks of a semester or term,
Any speaker request shall be made in writing to the Provost/Vice President of Academic & Student Affairs, Dean of Student Services, or designee by an officer of a recognized student organization, faculty, or staff, or by an administrative officer of the College, desiring to sponsor the proposed speaker no later than fourteen (14) business days prior to the date of the proposed speaking engagement. This request shall contain the name of the sponsoring organization; the proposed date, time, and location of the meeting; the expected size of the audience; and the topic of speech. Any request not acted upon by the Provost/Vice President of Academic & Student Affairs, Dean of Student Services, or designee within five (5) business days after submission shall be deemed granted.

9. Banners, Exhibits, Chalking, and Structures

Recognized student organizations, faculty, and staff may hang banners or posters, affix yard signs, and display exhibits on campus by reservation through the Dean of Student Services. Banners, posters, yard signs, and displays may not be affixed, in any way, to campus trees for any purpose.
Outside groups or individuals are not permitted to hang banners or posters, affix yard signs, or display exhibits on any campus property.
No permanent or semi-permanent structures are permitted on LSCO property. Temporary structures are only permitted on the Green Avenue Green Space during the reservation period if the area has been reserved.
Camping is prohibited pursuant to Texas Penal Code section 48.05 and this policy.
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 form 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.
Destruction, alteration, or appropriation of LSCO property is strictly prohibited. For example, a person may not lower the U.S. or state flag and raise another flag in its place as doing so would constitute the unauthorized appropriation of LSCO property.
Chalking (use of chalk to write on LSCO property) is strictly prohibited.

10. Violations/Reporting

Student violations and grievance procedures are governed by the appropriate Conduct and Discipline policy found in LSCO’s Catalog.
Employee violations and grievance procedures are governed by Human Resources.
Employee violations and reporting can also be submitted to the Office of Internal Audit.

11. Disciplinary Process

Students who violate this policy will be subject to appropriate discipline under the Conduct and Discipline policies found in LSCO’s Catalog.
LSCO staff who violate this policy will be subject to appropriate discipline under LSCO’s Administrative Policy & Procedures Handbook.
LSCO faculty who violate this policy will be subject to appropriate discipline under Chapter V, Paragraph 4 of the TSUS Rules and Regulations.

12. Educational Programs

LSCO has created an Expressive Activity website for education about this policy and other useful resources. The College will review the policy no less than annually to ensure compliance with applicable laws and the TSUS Rules and Regulations.
Educational training shall be available upon request and conducted no less than annually for recognized student organizations.
The Dean of Student Services Office shall provide an annual notice to the College community regarding First Amendment protections related to free speech (Expressive Activity) via email and post this policy on the LSCO Expressive Activity website.

Nothing herein shall be construed to infringe upon any right of free speech or expression guaranteed by the Constitution of the United States or the State of Texas.

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