II.E.1. Expressive Activity on System Premises

II.E.1.01. Policy

The System recognizes and supports free speech rights and the free exchange of ideas. The System recognizes individuals’ right to freedom of speech, petition, peaceful assembly, and responding to those Expressive Activities as set forth in the United States Constitution, the Texas State Constitution, and the laws of the State of Texas. The System strives to provide a suitable environment for its faculty, staff, and students to work, study, and perform activities furthering the System’s mission without undue interference or disturbance.

The System enforces Viewpoint- and Content-Neutral speech restrictions. Disruptive acts to the System’s normal operations, in the Chancellor’s or designee’s view, are not allowed. Faculty, staff, and students engaging in acts disruptive to the System’s normal operations or unduly interfering with another’s Expressive Activities, may be subject to disciplinary action. A System employee or student who believes their rights have been violated under this section may file a grievance under Section IV.E.6. and Section VI.D.12, respectively. Academic freedom and student First Amendment rights are covered elsewhere in the Policy Manual.

Chancellor’s Procedures may be developed to further clarify this policy.

II.E.1.02. Definitions

(a) Antisemitism means, as defined in Texas Government Code Section 448.001(2), a certain perception of Jews that may be expressed as hatred toward Jews. The term includes rhetorical and physical acts of antisemitism directed toward Jewish or non-Jewish individuals or their property or toward Jewish community institutions and religious facilities. Examples of antisemitism are included with the International Holocaust Remembrance Alliance’s “Working Definition of Antisemitism” adopted on May 26, 2016. This term does not include Expressive Activities.

(b) Disruptive means substantially disrupting or materially interfering with the System’s central mission of educating students. This definition does not include action that merely presents the possibility of discomfort or unpleasantness that often accompanies unpopular viewpoints.

(c) Expressive Activities means any speech or expressive conduct protected by the First Amendment to the United States Constitution or by Section 8, Article I, Texas Constitution, and includes assemblies, protests, speeches, the distribution of written material, the carrying of signs, and the circulation of petitions. The term does not include commercial speech, defamation, unlawful harassment, incitement to imminent unlawful activity, obscenity, or threats to engage in unlawful activity.

(d) Common Outdoor Areas means the common outdoor areas of each System campus where students enrolled at and employees may engage in Expressive Activities, subject to Viewpoint- and Content-Neutral restrictions. 

(e) Premises means any real property which the System possesses, controls, or owns.

(f) Viewpoint- and Content-Neutral means speech policies or procedures that regulate speech without consideration for the speech’s content, such as regulations regarding speech’s time, manner, and place.

II.E.1.03. Respect and Conduct during Expressive Activities

All persons attending or participating in an Expressive Activity will conduct themselves with respect for the forum and the learning environment at all times. Enrolled students and employees will have an opportunity to express contrary viewpoints as appropriate for the forum. Expression of a contrary or dissenting viewpoint may not be undertaken in a manner that is unlawful and materially or substantially disrupts the System’s function. Expressive Activities shall not violate this Policy or the respective Chancellor’s Procedures.

Disruptive and unlawful conduct may result in any or all of the following System actions: use of System disciplinary processes for students and employees, action by System police officers, or appropriate external law enforcement involvement.

II.E.1.04. Expressive Activities May Not Cause Obstruction

Expressive Activities must not obstruct vehicular, bicycle, or pedestrian traffic. Expressive Activities must not interfere with ingress or egress to the System’s facilities, activities, or events.

II.E.1.05. Public Forums

Consistent with the U.S. and Texas Constitutions, the Board of Trustees shall designate certain areas on the System’s campuses as public forums. These designated areas shall be posted on the System’s website.

LSCS Policy Manual Section adopted by the Board of Trustees on September 5, 2024

II.E.2. Prohibited Conduct on College Premises

II.E.2.01. Policy

The College provides a suitable environment for its faculty, staff, and students to work, study, and perform activities furthering the College’s mission without undue interference or disturbance.

II.E.2.02. Prohibited Trespass and Damages

It is unlawful for any person to trespass on College grounds or damage or deface any of the buildings, statues, monuments, memorials, trees, shrubs, grasses, or flowers on College grounds.

II.E.2.03. Entering or Remaining on College Premises After Withdrawal of Consent

A person who has been notified by a College president or a College police officer that consent to remain on the campus or facility has been withdrawn pursuant to a period of disruption, who has not had consent reinstated, and who willfully and knowingly enters or remains upon the campus or facility during the period for which consent has been withdrawn, is guilty of a misdemeanor and is subject to punishment as defined by law. This section does not apply to any person who enters or remains on the campus/facility for the sole purpose of applying to the College Chancellor, president, authorized officer, or authorized employee for the reinstatement of consent or for the sole purpose of attending a hearing on the withdrawal.

The College will establish procedures governing the notification and appeal of individuals whose consent to remain on campus has been withdrawn.

II.E.2.04. Disruptive Activities on College Premises

A person commits an offense if the person, alone or in concert with others, intentionally engages in disruptive activity on College premises. Disruptive activity is defined in Texas Education Code section 37.123. This section may not be construed to infringe on any right of free speech or expression guaranteed by the Constitution of the United States or of the State of Texas.

LSCS Policy Manual Section adopted by the Board of Trustees on December 1, 2016