UTSA's Commitment to Freedom of Expression
Because The University of Texas at San Antonio is committed to free and open inquiry in all matters, it guarantees all members of the university community the broadest possible latitude to speak, write, listen, challenge, and learn. Except insofar as limitations on that freedom are necessary to the functioning of the university, UTSA fully respects and supports the freedom of all members of the university community “to discuss,” in the words of former University of Chicago President Robert M. Hutchins, “any problem that presents itself." UTSA’s commitment contained in this statement also extends to the public’s right to practice free expression in the university’s common outdoor areas.
Of course, the ideas of different members of the university community will often and quite naturally conflict. But it is not the proper role of the university to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive. Although the UTSA greatly values civility, and although all members of the university community share in the responsibility for maintaining a climate of mutual respect, concerns about civility and mutual respect can never be used as a justification for closing off discussion of ideas, however offensive or disagreeable those ideas may be to some members of our community.
The freedom to debate and discuss the merits of competing ideas does not, of course, mean that individuals may say whatever they wish, wherever they wish. The university may restrict expression, for example, that violates the law, that falsely defames a specific individual, that constitutes a genuine threat or harassment, that unjustifiably invades substantial privacy or confidentiality interests, or that is otherwise directly incompatible with the functioning of the university. In addition, UTSA may reasonably regulate the time, place, and manner of expression to ensure that it does not disrupt the ordinary activities of the university. But these are narrow exceptions to the general principle of freedom of expression, and it is vitally important that these exceptions never be used in a manner that is inconsistent with the university’s commitment to a completely free and open discussion of ideas.
In a word, UTSA’s fundamental commitment is to the principle that debate or deliberation may not be suppressed because the ideas put forth are thought by some or even by most members of the university community to be offensive, unwise, immoral, or wrong-headed. It is for the individual members of the university community, not for UTSA as an institution, to make those judgments for themselves, and to act on those judgments not by seeking to suppress speech, but by openly and vigorously contesting the ideas that they oppose. Indeed, fostering the ability of members of the UTSA community to engage in such debate and deliberation in an effective and responsible manner is an essential part of the university’s educational mission.
As a corollary to UTSA’s commitment to protect and promote free expression, members of the university community must also act in conformity with the principle of free expression. Although members of the university community are free to criticize and contest the views expressed on campus, and to criticize and contest speakers who are invited to express their views on campus, they may not obstruct or otherwise interfere with the freedom of others to express views they reject or even loathe. To this end, UTSA has a solemn responsibility not only to promote a lively and fearless freedom of debate and deliberation, but also to protect that freedom when others attempt to restrict it.