58 First Amendment Expressive Speech

Part 1: State Law

• Passed in the 2019 Oklahoma Legislature, signed by the Governor, effective August 30, 2019. Available at §70-2120.
• In brief, the law requires that on public college and university campuses in Oklahoma, the campus community and the public may use unrestricted accessible outdoor green spaces for non-commercial expressive activities because this space is now by statute considered a traditional public forum, which can be used unless it materially and substantially disrupts the College subject to reasonable time, place, and manner restrictions.
• This law is consistent with historical federal guidance regarding 1st Amendment protected events on this issue, but also requires:
  • o New College policy
  • o New training for faculty, staff, and students
  • o Annual report to the Governor and Legislature
  • o Posted on College webpage (<3 links) https://www.mscok.edu/administration/human-resources/policies-procedures
  • o Notification of lawsuits

Part 2: College Policy

• In accordance with the state law, MSC developed a policy, which addresses the bolded key terms above. The policy is available at https://www.mscok.edu/administration/human-resources/policies-procedures
• Take some time to review the time, place, and manner restrictions.

Part 3: Expectations

• Guide outdoor visitors to the right resources on the website.
• Campus police can greet outdoor expressive speech visitors with a Visitor Information Card.

Part 4: Frequently Asked Questions

• The College designates the following indoor facilities as unavailable for Expressive Activity: administrative offices, laboratories, and classrooms.
• The public may reserve these indoor campus facilities. Requests should be made to the director of each venue.
• The public and MSC employees may reserve outdoor space by contacting the Vice President for Student Affairs office at 580-387-7131 or by emailing studentaffairs@mscok.edu.
• MSC students may reserve both indoor and outdoor space by contacting the Vice President for Student Affairs office at 580-387-7131 or by emailing studentaffairs@mscok.edu.
• The campus community and the public may use generally accessible outdoor areas for non-commercial expressive activities on a first come, first served basis without giving prior notice if the activity does not materially and substantially disrupt the function of the College, as defined by state law.
• Time, place, and manner restrictions are in effect. Please read the policy in its entirety. Examples include:
• No items may be attached in any manner to trees, bushes, benches, light poles, buildings, vehicles, or permanent signs.

Non-commercial pamphlets, handbills, fliers, and other written materials may be distributed on a person-to-person basis in open areas outside of the building if done in a way to avoid substantial littering on the campus.