FREEDOM OF EXPRESSION STATEMENT

Black Hills State University actively supports and encourages open and reasoned discourse on subjects that contribute to the intellectual growth of our student body and the well-being of society at large. This platform serves as a testament to our unwavering dedication to the principle of freedom of expression and provides a comprehensive resource that outlines relevant laws, policies, and training in this regard.

First Amendment

The First Amendment to the U.S. Constitution protects the freedom of speech, religion and the press. It also protects the freedom to peacefully assemble or gather together or associate with a group of people for social, economic, political or religious purposes, as well as the right to protest the government. In addition to the First Amendment, the University is subject to state laws governing the commitment to free expression and discussion of intellectually diverse topics at institutions of higher education.

Amendment l

Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peacefully to assemble, and to petition the government for a redress of grievances.

Freedom of Speech

Policy 9:3 Freedom of Speech and Use of Institutional Facililities and Grounds for Expression & Demonstration (click here to view policy) and its procedures set forth the guidelines for freedom of speech and use of institutional facilities and grounds at BHSU for expressive activities by non-affiliated parties.

Request form for Expressive Activity (click here for form)

As a public institution, BHSU acknowledges the right of students and others to assemble in groups for peaceful purpose. These methods of expressing individual or group opinion are an important part of our American heritage and a legitimate means of exchanging thought and opinion. It is the policy of the University to permit such expression of opinion for lawful purposes in a manner that prevents the disruption of regular University business, including classes, study, residential living, and the operation of the institution. BHSU upholds the First Amendment right granted to individuals and groups who choose to exercise their constitutional right to participate in freedom of expression activities on campus. Regardless of their position or platform, individuals and groups may hold a “peaceful assembly” or distribute information on campus provided they comply with the law and university policy.

The university does not intervene unless the speech incites riot or an immediate breach of the peace, disrupts lawful assembly, presents a threat to health and/or safety of individuals or damage/destruction to property, impedes faculty or staff in the lawful performance of their duties (including compliance with university policies), impedes students in the lawful pursuit of educational activities (including disruption of classes), or is of a commercial nature.

Black Hills State University is place of learning that supports both a vigorous and open exchange of ideas and a sense of belonging for all, not just some, members of the campus community. We encourage all to examine the tensions around free expression, political polarization, and inclusion with the goal of encouraging free expression coupled with personal accountability for civility.

Peaceful Assembly

Policy 9:3 Freedom of Speech and Use of Institutional Facilities and Grounds for Expression & Demonstration (click here to view policy) and its procedures set forth the guidelines for freedom of speech and use of institutional facilities and grounds at BHSU for expressive activity.

Policy 3:1 (click here to view policy) Student Code of Conduct

Assemblies can include meetings, speeches, debates, demonstrations, marches, vigils, sit-ins, rallies and protests as set forth in Policy 9:3.
BHSU has no designated free speech area. Therefore, it is essential that those wishing to participate in a public forum or demonstration coordinate with the representative from the office of Public Safety and Security. Because of its high foot traffic and central location, The Campus Green is an ideal assembly area. BHSU Public Safety, (605)642-6297
Reasonable precautions for the safety of individuals and their audience are paramount. The University will review the security needs of each assembly and determine if there is a need for additional security.
All members of the University community share in the responsibility for maintaining a climate of mutual respect. Violence, threats, harassment, retaliation and other disruptive behavior by members of the university community or visitors — either by a participant or someone interfering with the event (e.g., shutting down an event by shouting down a speaker) — will not be tolerated.

Distributing, Posting Information

Policy 3:2 Campus-Wide Posting (click here to view policy) and its procedures set forth the guidlines to provide BHSU members opportunity and space to advertise campus-sponsored activities and events.

Distribution of pamphlets, handbills, posters or flyers is allowed in all exterior public places of campus (e.g., green areas, exterior entrances, patios, outdoor venues, sidewalks, and Lyle Hare Stadium). Distributing those materials, except in exterior public spaces, is prohibited unless they are part of authorized university activities. For more information, see the BHSU Campus-Wide Posting Policy 3:2.
Non-affiliated parties who wish to distribute/post information or circulate a petition for signatures on campus, refer to and must follow Policy 9.3.
Revised Ordinances of Spearfish (Code 1982, § 3-203) prohibits the placement/deposit of any handbill in or upon any vehicle. Spearfish Ordinances have authority on the BHSU campus.

Campus Resources

BHSU Public Safety Officers regularly patrol campus.
Violence, threats, harassment, retaliation and other suspicious or disruptive behavior should be reported to Public Safety (605)641-6988.
Anonymous reporting is available at: Information Report
BHSU’s Counseling Center provides confidential support for all university students, (605)642-6520.
Title IX (605)642-6590
Policies & Procedures Manual

ADDITIONAL RESOURCES

Protecting Free Speech is the responsibility of the entire campus. Therefore, depending on your question or complaint, the following individuals/offices may be contacted.

Question/Complaint about a group assembly or demonstration:

BHSU Public Safety, (605)642-6297

Faculty questions or complaints: Contact your Chair, Dean or Faculty Senate
- College of Business & Natural Sciences, (605)642-6341
- College of Education & Behavioral Sciences, (605)642-6889
- College of Liberal Arts, (605)642-6221

Staff questions or complaints:
Contact your Division Head or the Human Resources Office, (605)642-6877

Student questions or complaints:
Contact the Dean of Students, (605)642-6080

Question/Complaint about a posted flyer or printed material:
BHSU does not censor flyers or printed promotions. If the material offends you, you are welcome to contact the sponsoring party whose name and contact number are on the printed document.