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Navigating freedom of speech vs. discrimination and harassment on campus

The Office of Institutional Equity and Compliance (OIEC) is responsible for educating about and addressing concerns under the Protected Class Nondiscrimination Policy for the University of Colorado СÀ¶ÊÓÆµ. OIEC is committed to fostering a safe and inclusive learning environment for our campus community. This guide will help students, faculty, staff and the broader community better understand the parameters by which OIEC enforces these policies and creates an equitable environment while respecting an individual’s right to free expression.

What is free speech and what is CU СÀ¶ÊÓÆµâ€™s role in upholding it? 

Freedom of speech is the right of a person to articulate opinions and ideas verbally or symbolically without threat or reprisal. Unless it rises to the level of discrimination or harassment, as described below, speech that is hurtful, biased, or offensive in nature is generally protected by the First Amendment. 

Previous court rulings have deemed that restricting offensive or biased speech at public universities, like CU СÀ¶ÊÓÆµ, would conflict with the First Amendment’s well established principles protecting freedom of expression. Consistent with these principles, CU СÀ¶ÊÓÆµ has a long history of supporting freedom of speech and academic freedom, acting as a forum where competing ideas and perspectives can co-exist. Our campus encourages its students, faculty, and staff to challenge ideas through the exercise of reason and civil debate.

How discriminatory or harassing speech differs

Speech is not protected when it constitutes discrimination or harassment targeted at an individual or defined group of individuals based on protected-class identity:Ìý

  • Discrimination occurs when an individual suffers an adverse consequence––such as being deprived of a resource, opportunity or benefit such as failure to be hired or denial of admission to an academic program––on the basis of protected c