Freedom of Expression

The First Amendment of the U.S. Constitution protects “the right of the people peaceably to assemble.” This allows people to associate with others for a wide variety of reasons, including political, educational, religious, cultural, and other purposes. The U.S. Supreme Court has indicated that freedom of assembly is “a right closely allied to freedom of speech and a right which, like free speech, lies at the foundation of a free society.” Shelton v. Tucker, 364 U.S. 479 (1960).

Yes. Student organizations can exercise their constitutional rights on campus, including freedom of assembly and freedom of expression. Students are encouraged to engage and get involved in student groups. For more information and resources related to student organizations, visit the Office of Student Life - Student Organizations webpage. Additional FAQs related to student organizations inviting political candidates or political officials to campus to speak can be found in the Student Organization Handbook.

Academic freedom is not a concept that is explicitly covered in the First Amendment of the U.S. Constitution. In addition, the U.S. Supreme Court has not directly confronted the question of whether a faculty member has a constitutional right to academic freedom.

In a case from 1967, the court at least implied that it viewed academic freedom through a First Amendment lens when it stated the following: “Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us, and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom.” Keyishian v. Board of Regents, 385 U.S. 589 (1967). However, the court did not outline the contours of such a right at that time and has not done so since.

Also, in a 2006 case—in a setting outside of the educational sphere—the court held “that when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.” But, the court acknowledged the possible implications to the academic context and stated that “[w]e need not, and for that reason do not, decide whether the analysis we conduct today would apply in the same manner to a case involving speech related to scholarship or teaching.” Garcetti v. Ceballos, 547 U.S. 410 (2006).

Yes. Even though courts have not expressly defined the contours of a constitutional right to academic freedom, Ball State is committed to a faculty member’s right to academic freedom as a professional norm. To that end, Ball State’s Faculty and Professional Personnel Handbook contains several statements on academic freedom, including the following:

Academic Freedom

• The teacher is entitled to full freedom in research and in the publication of the results, subject to the adequate performance of other academic duties; but research for pecuniary return should be based upon an understanding with the authorities of the University.
• The teacher is entitled to freedom in the classroom in discussing the appointed subject, but should be careful not to introduce a controversial matter which has no relation to the subject. Limitations of academic freedom because of the aims of the institution should be clearly stated in writing at the time of the appointment.
• The University teacher is a citizen, a member of a learned profession, and an officer of an educational institution. When speaking or writing as a citizen, there should be freedom from institutional censorship or discipline, but a special position in the community imposes special obligations. As a person of learning and an educational officer, a teacher should remember that the public may judge his or her profession and this University by his or her utterances. Hence, he or she should at all times be accurate, should exercise appropriate restraint, should show respect for the opinion of others, and should make every effort to indicate that he or she is not an institutional spokesman.

This provision is consistent with the American Association of University Professors’ (AAUP) 1940 Statement of Principles on Academic Freedom and Tenure.

No. Not unless explicit prior authorization from the President has been received.

Per Section 1.6 of the Freedom of Expression Statement, Ball State University is committed to the right of individuals to speak and to identify as a member of the University. However, that right exists with a concurrent obligation not to speak or act on behalf of the institution, or any group of members therein, without express authorization. To clarify, a group includes a university division, college, department, unit, center, taskforce or committee. Of course, nothing in the above referenced statement is intended to restrict the freedom of employees to engage in scholarly activities or personal involvement in community activities. Nor is the statement intended to affect individual employees’ rights to express personal opinions on University or non-University matters, as long as those employees make it clear that they do so as individuals and do not represent the official position of the University either directly or indirectly. For purposes of clarity, the President speaks for the University on matters related to the business, operations, events of the University, and as delegated to the President by the Board of Trustees or as expressly authorized by the Board of Trustees. Individuals, task forces, committees, units, centers, departments, colleges, and university divisions are not authorized to issue institutional statements on behalf of Ball State University or any constituent component of Ball State University. To avoid any potential confusion, individuals expressing personal opinions are not permitted to use Ball State logos or other identifying marks in a way that could mistakenly imply their personal statements, including communications via social media, are endorsed by the University.