First Amendment Rights Considerations
Please note that not every incident that is deemed offensive will qualify as harassment, and, while offensive, it may not be determined to violate institutional or system policies. Each incident will be individually evaluated to determine if it falls under the classification of harassment. Consideration will be given to protect First Amendment rights, the rights to free expression, and academic freedom. Please note
UW Board of Regents Policy document 14-6.
While we are not able to punish offensive acts that do not fall under harassment, we are able to track these incidents so as to:
- Provide support for victims
- Connect victims to support and resources
- Design programming, or recommend the design of programming, that addresses intolerance
- Recommend changes in university policy and procedure
- Identify patterns of bias/hate
- Share aggregate data on bias/hate incidents in our campus community
- Guide campus leaders in practices to assist in preventing future bias/hate incidents
Please note that incidents of bias and/or hate that are not protected under First Amendment freedoms may be subject to punishment by the proper authorities. As stated in Regent Policy Document 4-21, these include:
- Violations of state or federal law
- Discriminatory harassment
- Sexual harassment
- True threats
- An unjustifiable invasion of privacy or confidentiality
- An action that materially and substantially disrupts the function of an institution
- A violation of a reasonable time, place, and manner restriction on expressive activities
According to the
US Department of Justice website:
Under the First Amendment of the U.S. Constitution, people cannot be prosecuted simply for their beliefs. People may be offended or upset about beliefs that are untrue or based upon false stereotypes, but it is not a crime to express offensive beliefs, or to join with others who share such views. However, the First Amendment does not protect against committing a crime, just because the conduct is rooted in philosophical beliefs (US Department of Justice).