Freedom of Expression Policy
Kellogg Community College is a public institution of higher education whose authority is derived from the Michigan Constitution of 1963 and whose property and resources are primarily dedicated to academic, administrative and related functions. As an institution that highly regards the freedom of speech, freedom of expression and right to peaceably assemble, Kellogg Community College affords groups and individuals an invitation to exercise such freedoms on its grounds. The purpose of this policy is to facilitate expressive activities while ensuring that such activities do not interfere with College operations and the learning environment.
For anyone lawfully present on the College’s campuses, the outdoor and indoor common areas are designated as venues for free expression, including spontaneous expression, speeches, demonstrations and the distribution of information. Anyone who wishes to engage in commercial solicitation is required to reserve time and space for such activities following the terms of the College’s Facility & Grounds Usage and Commercial Solicitation policies.
For purposes of this policy, the term “expressive activity” includes such activities as:
- Meetings and other group activities;
- Speeches, performances, demonstrations, parades, marches, rallies, vigils and other events;
- Distributions of informational materials, such as circulars, newspapers, leaflets and pamphlets;
- Any other expression, including spontaneous expression, protected by the First Amendment to the U.S. Constitution.
While Kellogg Community College maintains its authority to regulate the time, place and manner of expressive activities, it shall not consider or regulate the content or viewpoint of expressive activities when enforcing this policy, including by restricting students’ expression based on concerns about other person(s)’ negative reaction to that expression. When expressive activities occur, Kellogg Community College will work to ensure that such activities transpire without interference by the College, provided the learning environment is not substantially and materially disrupted and campus safety is not compromised by said expressive activities. If persons react negatively to expressive activities occurring on the campus of Kellogg Community College, the College will take necessary steps to ensure campus safety while allowing the expressive activity to continue, unless the College’s operations are materially and substantially disrupted.
For purposes of this policy, the terms “outdoor common” and “indoor common” refer to such areas as:
- Lawns, sidewalks, benches and other outdoor areas that are not otherwise reserved for use;
- Student lounges and other indoor areas designated for social interactions that are not otherwise reserved for use.
For purposes of this policy, the peaceful distribution of informational materials in the indoor and outdoor common areas does not, without more, represent a substantial or material disruption to the learning environment at the College.
Expressive activities, as defined by this policy, are allowed on Kellogg Community College campuses during the periods that College facilities are open to the general public.
No expressive activity at Kellogg Community College shall be permitted to:
- Violate or infringe upon the rights of others;
- Falsely defame an individual;
- Constitute a genuine threat or harassment;
- Invade privacy or confidentiality interests;
- Block access to campus buildings;
- Impede ingress or egress to the College or any College property, pedestrian pathway, parking lot, building, facility or event;
- Obstruct vehicular or pedestrian traffic;
- Include the use of audio amplification devices, unless specifically authorized by the College;
- Include the use of fire or pyrotechnics, unless specifically authorized by the College;
- Affix materials to College buildings, equipment, fences, trees or property, unless specifically authorized by the College.
Kellogg Community College does not assume any obligation or responsibility for the content of expressive activities or materials distributed. People engaging in expressive activities assume responsibility for damages to College property, for the cleanup of materials immediately following the conclusion of expressive activities and for remaining in compliance with applicable local, state and federal laws.
Commercial Solicitation Policy
Kellogg Community College prohibits active commercial solicitation on College-owned property unless the activity is specifically authorized by the College. Active commercial solicitation is defined as the promotion or sale of products, merchandise or services for the benefit or profit of individuals or business interests. Groups and individuals seeking to engage in active commercial solicitation activities for a specific duration on College-owned property must first receive written permission, which is contingent upon requestors agreeing to abide by the College’s time, place and manner regulations and comply with all other campus policies.