thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances.
As a creation, or arm, of New York State, CUNY must abide by the First Amendment.** This means
that CUNY may not curtail the First Amendment rights of its students or employees, unless it does so
within certain narrow limits that the courts have established and approved.
The words of the First Amendment itself establish six rights: (1) the right to be free from
governmental establishment of religion (the “Establishment Clause”), (2) the right to be free from
governmental interference with the practice of religion (the “Free Exercise Clause”), (3) the right to
free speech, (4) the right to freedom of the press, (5) the right to assemble peacefully (which includes
the right to associate freely with whomever one chooses), and (6) the right to petition the government
for redress of grievances. College employees and students retain all of these rights on campus
(subject to some permissible limitations). More than one of these rights may be involved in any given
situation that may arise on campus. For example, the rights of free speech, peaceful assembly, and
petitioning the government might all be implicated in potential regulations concerning student
demonstrations.
As noted above, in interpreting the First Amendment, the courts have allowed these rights
to be curtailed or narrowed (but not eliminated) in limited circumstances. In the case of college
campuses, the Supreme Court has recognized some difference between a college campus and other
public forums, such as parks, public streets, or municipal theaters. The Court has held:
A university’s mission is education, and decisions of this Court have never denied a university’s
authority to impose reasonable regulations compatible with that mission upon the use of its campus
and facilities.***
Thus, although CUNY must actively respect First Amendment principles on its campuses,
the application of the First Amendment may be affected, in narrow and limited ways, by the unique
interests of the academic community. Any restrictions must be evaluated by balancing the individual’s
or group’s First Amendment rights against legitimate educational purposes and interests of CUNY.
Therefore, determining whether a rule or restriction is constitutionally permissible will require
attention to the particulars of the situation, the application of good, reasonable judgment, and
recognition of the importance our society, through our courts, places on First Amendment rights,
keeping them as flexible and broad as possible while maintaining conditions that foster the underlying
purposes of the institution and protect the rights of others on campus at the same time.
II. Bedrock Principle: Viewpoint Neutrality
In applying the right to free speech one bedrock principle applies: an effort to control or
limit speech on the basis of its content or message is presumed to be unconstitutional. In other words,
for CUNY to deny a speaker an opportunity to give a speech on campus solely because the content of