Expressive Activities on Campus by Students and Employees

Subject: Expressive Activities on Campus by Students and Employees

Effective Date: November 6, 2026

Board Policy Reference: DGC and FLA

I. STATEMENT OF PURPOSE

Texas law states the governing board of each institution of higher education retains the authority and discretion to decide whether to designate outdoor areas on campus that may be treated as traditional public forums open to the general public. No such areas are designated on Blinn’s campus for members of the public. In furtherance of Blinn College’s educational mission, the College District is a limited public forum and provides opportunities for expressive activities only to Blinn College students, faculty, and staff as set forth in Board policy and administrative regulations (see FLA, DGC, and GD). Students, faculty and staff members are free to express their views, individually or in organized groups, orally or in writing or by other symbols, on any topic, in all parts of the campus as permitted by law, and subject to the applicable College District rules and regulations.
Student, faculty, and staff organizations may rent certain campus facilities and invite guest speakers to their events as stated in Board Policy DGC and FLA and this regulation. (see https://www.blinn.edu/facilities-listing/facilities/venue-and-facility-rentals.html)
This regulation does not apply to official college functions or College-sponsored activities, including activities related to classroom instruction, official programs, conferences, and symposia. The College District may invite members of the public to College-sponsored activities on campus.
Decisions to be made by college officials will comply with this regulation and Board policy and will not be based on the viewpoint or content of the speech of the individuals or groups who desire to engage in an expressive activity. These procedures shall be interpreted in accordance with the free speech and assembly rights guaranteed by the United States Constitution and the Texas Constitution
Groups or individuals engaging in disruptive activities or failing to comply with these policies and procedures may face removal from the College District premises and other appropriate and lawful sanctions.

II. DEFINITIONS

Amplified sound: The use of any loudspeaker, loudspeaker system, sound amplifier or any other machine or device that produces, reproduces, or amplifies sound (i.e., volume is increased by electric, electronic, or other mechanical means). The term includes bullhorns and microphones. Shouting, group chanting, and acoustic instruments are not considered amplified sound but are subject to the general rules on disruption.
Antisemitism: This term has the meaning found in Section 448.001 of the Texas Government Code, which “means 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.” This definition is provided in accordance with Executive Order GA-44 (2024).
College: Blinn College District and any of its campuses, buildings, and grounds. The term includes property leased or rented by Blinn College.
College department: Any academic or non-academic unit or division or any other official college entity.
College grounds or premises: Any college owned or leased property, including parking lots, lawns, and sidewalks.
Commercial activity: The selling or solicitation of objects or services by an individual, organization, or company for personal gain or for the financial benefit of owners or investors. (see DBD, FI and GE) “Commercial activity” does not include words or symbols on an individual’s personal apparel, or a bumper sticker placed on a car by its owner.
Distribution of literature: The distribution, posting, circulating, offering, or selling of printed materials, pamphlets, photos, pictures, audio or visual recordings, or tangible objects. The term excludes official college functions and college-sponsored events and activities, including academic activities pertaining to a course.
Event: An activity or gathering that occurs in a specific location during a designated period of time.
Expressive activity or conduct: Communication of a message, viewpoint, or idea, whether written, oral, or visual, to another person. Encompasses speech or expressive conduct (oral or written) 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.
Guest speaker means a speaker or performer who is not a student, faculty member, or staff member.
Literature means any material that is produced in multiple copies for distribution or publication to an audience, including but not limited to flyers, handbills, leaflets, placards, bulletins, newspapers, and magazines. The term excludes material pertaining to a commercial transaction or activity, and it excludes material published or sponsored by the College District.
Non-profit group: A group whose purpose is to serve a public or mutual benefit other than the pursuit or accumulation of profits for owners or investors. The term includes, but is not limited to, public charities, religious organizations, organizations that have obtained a non-profit designation by the Texas Secretary of State, and organizations exempt from federal income tax. (see FI, GE and GF)
Non-college or off-campus person or organization: Any person, organization, or business that is not a Blinn College student, faculty member, or staff member and that is not a Blinn College department or unit, registered student organization, or faculty or staff organization.
Organized expressive activity or conduct: A rally, assembly, march, parade, demonstration, protest, procession, memorial, sit-in, or other public gathering that is conducted by an organization or that is designed to attract a gathering of 21 or more individuals (participants and/or spectators) and is intended to convey or communicate a message, viewpoint, or idea. The term includes an activity designed to distribute literature to 21 or more people. The term excludes official college functions and college-sponsored activities and events.
Official College event or activity: Any event, program, or activity sponsored by a college department or division in the course of fulfilling its college mission, activities that occur within the classroom, or events that occur within the regular or recurring sphere of activity of a college department or division.
Outdoor common area refers to outdoor spaces that are not regularly used for dedicated College District business, do not have an educational function, and/or are not currently being used for a College District activity, program, or function. “Common outdoor area” generally includes plazas, sidewalks, lawns, and courtyards. The term “outdoor common area” excludes the outside surfaces of a College District building, surfaces associated with or connected to a College District building such as a porch or portico, a College District structure, spaces dedicated to temporary outdoor banners, spaces dedicated to temporary outdoor exhibits, and sites under construction.
Registered student organization: A student organization officially registered with the Blinn College Office of Student Life. (see FKC)
Student: A person who is currently enrolled in and has paid applicable fees for one or more credit or non-credit classes at the college or who is authorized to audit a course.

III. PROHIBITED EXPRESSION

The following types of expression are not allowed. Individuals and organizations that engage in Prohibited Expression are subject to removal from College grounds and are subject to other appropriate and lawful sanctions. Students and employees are subject to discipline in accordance with the regular disciplinary policies and procedures of the College, and members of the public are subject to removal:

Obscenity: A writing, visual image, or performance is obscene as defined in Section 43.21 of the Texas Penal Code (or its successor provisions).
Incitement to imminent violations of the law: Conduct, whether oral, written, or demonstrative, that incites or is directed at producing imminent violations of law under circumstances such that the statements are likely to actually and imminently incite or produce violations of law.
Defamation: Defamation is a false statement of fact about another individual that holds the individual up to hatred, ridicule, or contempt and that is not otherwise privileged. Defamation can be written (libel) or oral (slander). If the defamed person is a private individual, the question is whether the speaker knew or should have known that the statement was false. If the defamed person is a public official or public figure, the question is whether the statement was made with knowledge of the falsity or with reckless disregard of the truth.
Fighting Words or True Threat: A serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals. The speaker of a true threat need not intend to inflict actual harm; the question is whether the speaker consciously disregarded a substantial risk that the communications would be viewed as threatening violence.
Acts of Intimidation: A type of true threat where a speaker directs a threat to a person or group of persons with the intent of placing the victim(s) in fear of bodily harm or death.

In addition, members of the public, students, and employees are subject to removal or discipline for engaging in harassing speech. Harassing speech means: (i) hostile, threatening, or intimidating conduct or speech, whether oral, written, or symbolic, (ii) that is directed at specific individual(s), and (iii) is sufficiently severe, pervasive or persistent, and objectively offensive that it would cause an ordinary and reasonable person to fear violence or bodily harm or would unreasonably interfere with the other individual’s ability to access or participate in or benefit from the activity, program, services, or privilege provided by the College District. Blinn College policy prohibits discriminatory harassment based on membership in a protected class recognized under state or federal law. These policies and procedures address conduct that is sufficiently severe or pervasive to create an objectively hostile campus or academic environment that unreasonably interferes with or diminishes another individual’s ability to participate in or benefit from an activity, program, service, or privilege provided by the College District.

Individuals may not engage in expressive activities that violate a protected trademark or copyright.

IV. GENERAL RULES OF CONDUCT FOR CAMPUS VISITORS

Students and employees are welcome to attend public board meetings, attend events open to the public, and engage in business transactions. Students and employees may visit a campus office or building when expressly authorized by Blinn College to enter the facility. Students and employees must conduct their business in an orderly and civil manner that is consistent with the College’s policies and its mission of providing a respectful and safe campus environment. Students and employees must comply with the rules of conduct applicable to each facility, department, office, library, and outdoor area. Students and employees must speak in a reasonable volume appropriate for the area being visited.
Students and employees shall remain in public areas and shall not enter unauthorized areas. Students and employees shall comply with the hours of operation applicable to an office or facility and shall cooperate with the reasonable requests of campus officials and campus police who are carrying out their duties.
Students and employees shall abide by all laws and policies, including, but not limited to, those prohibiting the use, sale, or possession of alcoholic beverages, illegal drugs, and firearms, and the use of tobacco products or e-cigarettes on College District property.
While property owned or leased by the College District, regardless of location, students and employees shall not:
- disrupt classes, extracurricular activities, College District activities, or the business operations of the College;
- interfere with the free entry to or exit from a building, structure, or facility;
- interfere with the flow of pedestrians or vehicular traffic on sidewalks or streets or at places of ingress and egress to and from property, buildings, garages, parking lots, or facilities;
- prevent the use of offices, grounds, facilities by students, employees, campus police, or other authorized individuals;
- threaten or endanger the safety of any person;
- engage in conduct that is likely to result in damage or defacement to or destruction of College District property or to cause disruption in utilities;
- create a sustained or repeated noise disturbance that substantially interferes with a speaker’s ability to communicate with others and/or the rights of others to listen;
- attempt to prevent a College District event or other lawful assembly by the threat or use of force or violence; or
- engage in camping or erect tents or other living accommodations on campus, regardless of whether the camp, tent, or other structure is temporary.
In addition, students and employees shall not:
- place literature on vehicles in a parking lot;
- distribute or spread glitter or confetti;
- use or display fire or fireworks;
- engage in camping or erect tents or other living accommodations on campus, regardless of whether the camps, tent, or other structure is temporary;
- wear a mask, facial covering, or disguise that (i) conceals the identity of the wearer and (ii) is calculated to obstruct the enforcement of these rules or the law, to prevent identification, or to intimidate, hinder or interrupt a College District employee or police officer in the lawful performance of their duties. This prohibition does not apply to masks worn for health-related or religious reasons;
- interfere with the College District’s display of the American or Texas flags. They shall not lower the College District’s flags with the intent to raise the flag of another nation, organization, or group; or
- use bullhorns or amplified sound.
The College District will make decisions about students and employees access without regard to the viewpoint or the content of their speech.

V. RULES APPLICABLE TO GUEST SPEAKERS

Subject to these regulations and other applicable college regulations (FLA and DGC), registered student organizations and recognized faculty or staff organizations may present guest speakers and guest performers in common outdoor areas of the campus. No advance permission or notice is required but notice and a reservation are encouraged for gatherings of 21 or more as stated in FLA and DGC. Regardless of the size of an anticipated assembly or expressive activity, activity planners are encouraged to consult with student services staff to avoid scheduling conflicts and to discuss security, parking, and related logistics.
Individual students and individual employees may not invite guest speakers to engage in expressive activities in a common outdoor area.
Although student organizations and employee organizations may invite a guest speaker to their event, they may not invite the public at large to events in common outdoor areas. This restriction does not apply to official events sponsored by academic and administrative units which may invite members of the public in accordance with applicable procedures.
No student or employee organization may invite a guest speaker to engage in expressive activities during the last two weeks of a semester or term in the common outdoor areas in a manner that materially and substantially disrupts the functioning of the College District.
The College District will not consider the political, religious, philosophical, ideological, or academic viewpoint of any guest speaker when implementing this regulation. Nor will the College District consider any potential controversy that could be generated by the guest speaker. The College will consider only the following:
1. Whether the proposed area will accommodate the anticipated size of the audience, including spectators;
2. Anticipated needs for campus security or facilities personnel;
3. Any other accommodations that are reasonably necessary for the speaking engagement; and
4. Any relevant history of compliance or noncompliance with College District policies and regulations by the person(s) who have invited the speaker.
Guest speakers must comply with these regulations as well as the rules applicable to the sponsoring organization regarding distributing literature and carrying signs and the rules regarding the time, place, and manner of expressive activities (FLA and DGC). A guest speaker may not accost potential or disinterested listeners who have chosen not to attend or who chose to disregard the presentation or speech. Organizations are responsible for providing copies of the applicable regulations to their guest speakers and performers.
Reservations. Rules regarding the reservation of outdoor spaces for student or employee organizations can be found in Board Policy DGC(LOCAL) and FLA(LOCAL). Rules related to indoor tabling guidelines for student and employee organizations can be found in the separate administrative regulation on that topic.

VI. PRESENTATION OF IDENTIFICATION

From time to time, there will be occasions when it is necessary for a College official to ask an individual to identify himself or herself. These occasions could include, for example, taking action to preserve the peace, quelling a disturbance, determining whether a person is a student, employee, or visitor who is authorized to be in a particular area, investigating noncompliance with these Regulations, confirming or modifying a reservation for a gathering, or obtaining information regarding violations of other College District policies or procedures.

A student, employee, visitor, or member of the public violates this policy if they refuse to identify themselves in response to a request by an authorized institutional representative or any peace officer of the College District pursuant to authority of Texas law. An “institutional representative” is any member of the Board of Trustees; any College District administrator or manager; or any peace officer of the College District acting pursuant to authority of Texas law.

A student, employee, visitor, or other member of the public who is asked for their identity must state truthfully: (1) their name and complete address, as substantiated by a current driver’s license or other official documentation, and whether they are a student or employee of the College; and (2) their legitimate business at Blinn College. Legitimate business includes engaging in assembly, speech, and other expressive activities as authorized by law or this Regulation.

A person who refuses to identify themselves in accordance with this Regulation may be required to leave the premises and may be subject to arrest for trespass. Students, faculty, or staff who refuse to identify themselves are subject to disciplinary action pursuant to the College District’s regular disciplinary procedures.

Additionally, as stated in Section 51.232 of the Texas Education Code, during periods of disruption, as determined by the Chancellor or other officials designated by the Chancellor, to maintain order on the campus or facility, the College District may require that any person on the campus or facility present evidence of his or her identification, or if the person is a student or employee of the institution, his student or employee official institutional identification card, or other evidence of the individual’s relationship with the College. If a person refuses or fails upon request to present evidence of their identification, and if it reasonably appears that the person has no legitimate reason to be on the campus or facility, the person may be ejected from the campus or facility.

College officials will not discriminate on the basis of a political, religious, philosophical, ideological, or academic viewpoint expressed by any person, either in the enforcement or administration of these rules.

VIII. VIOLATIONS, COMPLAINTS, AND SANCTIONS

Failure to comply with these Regulations, policy, or state law shall result in appropriate administrative action, including but not limited to, the suspension of the individual’s or organization’s use of College District facilities and/or the confiscation of nonconforming materials.
A violation of this Regulation includes unduly interfering with the lawful expressive activities of others. A person who complies with an on-the-scene order or directive that limits or prevents an expressive activity may test the propriety of the order or directive by filing a grievance or complaint with the offices identified below. The College Administration will expedite such complaints such that a ruling on the alleged violation is decided as promptly as possible, typically within three business days, barring unforeseeable circumstances.
Students who violate these Regulations are subject to discipline under the Code of Student Conduct. Sanctions may include loss of privileges, suspension, and expulsion. Employees who violate these Regulations are subject to discipline under the College’s applicable employment procedures, and sanctions may include loss of privileges, suspension, and termination. Members of the public and off-campus, unaffiliated organizations that violate these Regulations are subject to loss of privileges, criminal trespass charges, arrest, and other lawful measures.
When a College District employee observes a violation of these Regulations, the preferred first step is for the employee to encourage the alleged violator to comply with the rule being violated, especially in instances in which public safety is not threatened. If an individual continues to violate a rule or procedure after receiving a warning, but the activity is otherwise peaceful, staff and campus police should evaluate all facts and circumstances and determine whether to intervene immediately. For example, if the activity is about to end, intervention may be more disruptive than allowing the activity to end on its own. The decision whether and when to intervene shall be made without consideration of the viewpoint of the speaker or the content of their speech.