Key Reminders for Hosting Provocative Speakers

College campuses are places for free thought and unique learning experiences. But recently, the invitation of provocative speakers has embroiled several major universities in significant controversy. While political disagreement is inevitable, your institution should remember a few key points to guard the rights and safety of all students, staff, and faculty members. First, protect the First Amendment rights of all individuals. When a public institution opens its doors to one speaker on campus, it creates a “public forum,” and all speakers must be given a fair opportunity to participate—including controversial individuals with unpopular views. All criteria for limiting expression must be viewpoint-neutral and reasonable in light of the purpose of the forum. All groups should be treated equally, so long as they abide by the rules. Additionally, those with opposing beliefs should be permitted to express opposition in accordance with viewpoint-neutral guidelines. Second, be prepared to explain the legal reasons why your institution cannot deny access to certain controversial groups. When questions arose about banning a controversial speaker at UC Berkley, university officials prepared a media statement explaining the constitutional reasons for permitting the speech. It is always helpful to “get ahead” of a public relations controversy. Finally, ensure the safety of all on campus. Advise campus law enforcement officials of upcoming controversial events so they can plan for increased security needs.

Hosting a provocative speaker can bring instant attention to your institution. Consult your attorney if you have legal questions about the boundaries of Free Speech.