Frequently Asked Questions on Freedom of Expression and Speech at NMSU

Q1:  As a member of faculty or staff, I see a sign posted on a public bulletin board that is highly offensive to me and I assume would also offend many others. Am I entitled to take it down?
A1:  Not unless the sign is obviously not protected by the First Amendment, such as child pornography, defamation or libel, and even then, you should contact the Office of Student Involvement and Leadership before doing so. Further, when the sign is taken down, it (or a photograph of it) should be sent to the Office of Student Involvement and Leadership for documentation in case someone challenges your action as a violation by NMSU of free-expression rights. This will also help ensure that someone else in the executive management didn’t give permission for it to be there. Having SILP (Student Involvement and Leadership) know about the sign being taken down also provides accountability should there be questions in the future about who took it down, and what the sign actually said or looked like.

Q2:   Is posting notices or other information on bulletin boards subject to the policy on affixing?
(e.g. Affixing of notices or banners or other objects to university property is not allowed without appropriate permission from the Office of Student Involvement and Leadership).
A2:  It depends. If the bulletin board is one where posting has traditionally been allowed or that is specifically approved for public posting, then no advance permission need be sought. Boards where posting is restricted to specific purposes may require permission from SILP.

Q3:  When am I required to obtain a permit prior to a free expression activity?
A3:  Most events and activities do not require any prior approval. However, when your expression or symbolic speech involves nudity, weaponry, fire, or a large crowd, you must first obtain a permit, not with an eye to restricting freedom of expression but from concerns for safety, including the safety of those involved in the free-expression activity.

Q4:  Who grants permission, when the policy says approval is needed? Does NMSU grant permission for events at community colleges?
A4:  The office of Student Involvement and Leadership (or other office as may be designated), will coordinate with other NMSU entities as appropriate, consistent with the Procedural Guidelines.

Q5:  What is turnaround time for approval by the Office of Student Involvement and Leadership (e.g. how far in advance do I need to apply for the permit)?
A5:  This will depend on the complexity of the event for which the permit is sought. Some requests might be processed quickly. The University will strive to respond within two days, at least to acknowledge receipt and to inform the requestor of the status of the review. The best advice is to start the permit or notification process as far in advance of the planned activity as you can, especially if you are requesting exclusive use of a space, since reservations are granted on a first-come basis.

Q6:  If I am participating in a theatre performance with a nude scene, do I have to get a permit?
A6:  No. Members of the public should have been put on notice in advance that the performance involves nudity or language that may offend, and there is controlled access to the performance. Some people might object to things others would feel are perfectly acceptable, so it is up to the consumer to make the choice about what they want to pay or go to see.

Q7:  I have to use a gun as a prop in my speech class presentation; do I need to do anything before showing up to class with an unloaded handgun?
A7:  Use of a firearm as a prop for a class presentation is covered under NMSU Policy 3.50. To the extent that it is intended as an expression of views, carrying of firearms could be restricted or prohibited as a rational, content-neutral safety restriction, which would apply whether the carrying of the gun was meant to promote wild-West history, express support of or opposition to the current interpretations of the Second Amendment, or to advertise a play currently in production on the NMSU campus.

Q8:  As a student in the classroom what are my free speech rights?
A8:  A classroom is a non-public forum: the professor has charge of the class discussion, but should permit reasonable disagreement with the professor’s views at appropriate times. However, that does not mean, for example, that in a technical class on wiring nuclear weapons you can raise in each class your philosophical objection to