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Expressive Activity

Updated August 2025

2.18 | Expressive Activity

2.18.A | In accordance with WT Rule 08.99.99.W1 and TAMU Rule 08.99.99.M1, any person is allowed, subject to limitations described in this rule and reasonable time, place, and manner restrictions, to engage in expressive activities on campus, including by responding to the expressive activities of others. Students enrolled at, and employees of, the university must present proof of identity and status at the university on request by a university official on campus engaging in an official duty.

2.18.B | Student organizations and employees are allowed to invite speakers to speak on campus subject to the restrictions outlined in this rule. In determining the amount of a fee to be charged for use of the University’s facilities for purposes of engaging in expressive activities, the University may consider only content-neutral and viewpoint-neutral criteria related to the requirements of the event, such as the proposed venue and the expected size of the audience, any anticipated need for campus security, any necessary accommodations, and any relevant history of compliance or noncompliance by the requesting student organization or employee with this rule and other relevant rules. The University may not consider any anticipated controversy related to the event.

2.18.C | The University may not act against a student organization or deny the organization any benefit generally available to other student organizations at the University on the basis of a political, religious, philosophical, ideological, or academic viewpoint expressed by the organization or of any expressive activities of the organization.

2.18.D | The University may take disciplinary or remedial action against individuals or groups that engage in expressive activity not protected by WT Rule 08.99.99.W1, Expressive Activity, or the First Amendment. Sanctions which may be imposed include all those identified in section 2.8 of this Student Handbook. Expressive activities which may result in sanctions and are not protected by this rule or the First Amendment include:

  1. Defamation.
  2. Obscenity.
  3. Physical abuse or assault.
  4. True threats.
  5. Disruption of the academic environment or a university sponsored extracurricular event.
  6. Inciting or producing imminent lawless action.
  7. Unlawful harassment.

2.18.E | Conduct described in 2.18.D may be reviewed and adjudicated under TAMU System Regulation 08.01.01 Civil Rights Compliance, including those related to actional discrimination or harassment based on race, color, sex, religion, national origin, age, disability, genetic information, veteran status, sexual orientation, gender identity, or any other classification protected by federal, state, or local law. Additionally, such conduct may also be reviewed and adjudicated by the Office of Community Standards using the Student Conduct Process when the conduct does not rise to the level of a civil rights violation.

2.18.F | The common outdoor areas of the University’s campus are deemed traditional public forums. Any person is permitted to engage in expressive activities in these areas freely, as long as the person’s conduct:

  1. Is not unlawful; and
  2. Does not materially and substantially disrupt the functioning of the institution.

2.18.G | Any person is allowed to assemble or distribute written material in common outdoor areas without a permit or other permission from the institution, subject to the restrictions outlined in this rule.

2.18.H | West Texas A&M University may require advance reservation of events in certain circumstances to ensure safety and to promote an environment conducive to study. There are areas such as residences and the Cornette Library that have distance requirements, crowd placement restrictions, and security concerns that may vary depending on security needs, terror alerts, and other factors. Additionally, security needs, terror alerts, local and national events may affect the availability of spaces that would otherwise be routinely available. Information about existing requirements, restrictions, or security concerns will be discussed at the time a reservation request is processed.

2.18.I | The university reserves the right to have policies that are reasonable time, place, and manner restrictions in common outdoor areas if the restrictions:

  1. Are narrowly tailored to serve a significant university interest;
  2. Employ clear, published, content-neutral, and view-point neutral criteria;
  3. Provide ample alternative means of expression; and
  4. Allow all persons to assemble or distribute written material without a permit or other permission from the university.

2.18.J | The Texas A&M University Board of Regents, by review and approval of this rule, have sole authority to designate the areas on member campuses that are public forums (including both traditional public forums and designated public forums.), in a manner consistent with the First Amendment to the U.S. Constitution and Section 8 Article I of the Texas Constitution.

2.18.K | Nothing in this rule should be interpreted or construed as:

  1. Prohibiting faculty members from maintaining order in the classroom.
  2. Limiting or infringing on a person’s right to freedom of speech or expression protected by the First Amendment to the U.S. Constitution or by Section 8, Article I, Texas Constitution.
  3. Prohibiting the university from having rules differentiating between the rights of students and employees to engage in expressive activities on campus and the rights of those individuals who are not students or employees.

2.18.L | This rule categorically prohibits the following expressive activity on campus:

  1. Using a device to amplify sound that, as determined by the university:
    1. Intimidates others;
    2. Interferes with campus operations; or
    3. Interferes with a university employee’s or a peace officer’s lawful performance of a duty.
  2. During the last two weeks of a semester, engaging in the following expressive activities in a manner that materially and substantially disrupts the functioning of the university:
    1. Having events in the common outdoor areas;
    2. Inviting speakers to speak on campus;
    3. Using a device to amplify sounds; or
    4. Using drums or other percussive instruments.
  3. At any time, camping or erecting tents or other living accommodations on campus.
  4. Wearing a disguise or other means of concealing a person’s identity while engaging in expressive activities on campus with the intent to:
    1. Obstruct the enforcement of the university’s rules or the law by avoiding identification;
    2. Intimidate others; or
    3. Interfere with a university employee’s or peace officer’s lawful performance of a duty.
  5. Lowering the university’s U.S. flag, Texas flag, or university flag, with the intent to raise a flag of another nation, state, or a flag representing an organization or group of people.
  6. Engaging in expressive activity between the hours of 10:00 p.m. and 8:00 a.m. in a manner that materially or substantially disrupts the functioning of the university.

2.18.M | Advance Registration Requirements: In an effort to ensure safety and to promote an environment conducive to study, advanced reservation for expressive activity is required (in the form of an approved Reservation Request for Space) for events or activities that are promoted in advance, or sponsored by student organizations, or expected to draw a crowd of more than 25 people. Advance reservation is also required for activities near intersections, in close proximity to academic buildings anytime classes or study activities, and research is taking place.

2.18.N | Reservations Procedures: Individuals or groups who are either required to make advance reservation or those individuals or groups who otherwise wish to make advance reservations on campus must request use of the space through the university’s reservation process, which can be found here: https://reservations.wtamu.edu/. If advance reservation is required, requests must be mate at least five business days in advance of the event. Additional collaboration and coordination may be required from a building/space proctor. Usually, the use of the space will be assigned to the person or organization that requests the area first. University sponsored events have first priority on the use of campus facilities. The university reserves the right to locate any assembly so as to ensure that the activity does not interfere with the normal operation of the university or the rights of others. The decision to confirm a request for space will be based on proper and timely completion of the reservation process, compliance with applicable sound and sign requirements, and availability of space. The decision to confirm will be based on the foregoing criteria, and in no circumstance will any decision be based on the content or viewpoint of the expressive activity or upon the expected reaction of others. If a request is denied, the rationale for the decision will be provided in writing. The denial of a reservation request can be appealed to the Vice President for Student Affairs or a designee. At the time of the request, the following information will be required:

  1. Name information of the person or organization sponsoring the event. Contact information for one individual who will be present during the course of the event.
  2. Location, date, and time requested for the event.
  3. General purpose of the event.
  4. List of planned activities (i.e., speech or rally, march with signs, distribution of literature, sit-in).
  5. Special equipment requested.

2.18.O | For recognized student organizations, an officer of the sponsoring organization must be present at the event, and during the entire course of the event.

2.18.P | Guidelines for Expression:

  1. Disruptive Activity: Obstruction, disruption, or interference with classes, research, administrative functions or other university activities is not permitted. Likewise, infringement on the rights of others is prohibited.
  2. Reasonable Access: It is important to provide reasonable access to, and exit from, any office, classroom, laboratory, or building. Likewise, vehicular and pedestrian traffic should not be obstructed.
  3. Picketing: Picketing in an orderly manner outside of university buildings may be permitted. Such activities should not become disruptive, nor should they impede access. Picketing is not permitted inside campus buildings.
  4. Literature: Literature may be distributed in traditional designated public forums. Such activities should not be become disruptive, nor should they impede access.
  5. Symbolic Protest: Displaying a sign, gesturing, wearing symbolic clothing or otherwise protesting silently is permissible unless it is a disruptive activity or impedes access. In addition, such acts should not block the audience’s view or prevent the audience from being able to pay attention.
  6. Noise: Making sustained or repeated noise in a manner that substantially interferes with speakers’ ability to communicate their message is not permitted. Noise levels should not interfere with classes, meetings, or activities in progress or the privacy of residence hall students.
  7. Force or Violence: Any attempt to prevent a university activity or lawful assembly by the threat or use of force or violence is not permissible.
  8. Presenting Identification: In accordance with Texas Education Code 51.209, it is unlawful for any persons on any property either owned or controlled by the university to refuse to identify themselves to a university official in response to a request. For the purpose of this rule people identify themselves by presenting student or faculty/staff ID card or government issued ID card.
  9. Damage to Property: Any damage to university or personal property in the course of, or as a result of, an expressive activity is prohibited. Care should be taken to ensure that university and personal property is not damaged or destroyed. This includes the campus lawns, shrubs, and trees.
  10. Aesthetics: Exterior-facing messages, including but not limited to signs, posters, flags, or banners, on the windows of any West Texas A&M University building, other than a student’s room in the residence halls, are prohibited.
  11. Other University Rules: All applicable University Rules and Student Rules should be followed whenever engaging in activities on campus. Consult the WTAMU Student Handbook for further information.

2.18.Q | All individuals participating in expressive activity are expected to comply with state and federal law, municipal ordinances, and the above guidelines. Failure to do so may result in immediate removal from the campus and any other appropriate action by university officials or University Police.

2.18.R | Complaint Procedure: Any person who believes that their campus expressive activity rights have been unduly interfered with by a student, student organization, or employee has the right to file a complaint. Complaints should be filed on the university’s online complaint form, found at: www.wtamu.edu/complaint. Any acts that are disruptive to the normal operations of the university, including classes and university business, or that invade the rights of others will not be tolerated. A student, student organization, or employees who is found to have unduly interfered with another person’s expressive activity rights, as recognized by this rule, is subject to disciplinary action in accordance with the university’s applicable rules and procedures. Any participant in a disruptive activity may also face criminal charges. All complaints will be administered by the university complaint process found on the complaint website: www.wtamu.edu/complaint. If a violation of this rule is found to occur the report will be referred to the appropriate office for further action. The referral office will be determined by the status of the offending individual, for example, complaints concerning:

  1. A faculty will be referred to the Office of the Provost.
  2. Students will be referred to the Office of Community Standards.
  3. Staff and third parties will be referred to Human Resources.
  4.