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Relevant Excerpt

Although as a private institution, Emory University is not bound by the First Amendment to the United States Constitution, Emory nonetheless respects the protections and principles of free speech and assembly as set forth in the First Amendment (and the corresponding sections of the Georgia Constitution). This standard, with appropriate limitations developed by the courts, generally embodies a reasonable balance between the freespeech interests of faculty, staff, and students, and the significant interests of the university (which include, among other activities central to the university mission, teaching, research, healthcare, housing, dining services, and providing safety on the Emory campuses). All members of the Emory Community have broad latitude to speak, write, listen, challenge, and learn, whether they are on or off campus. These freedoms are limited to the extent necessary to protect significant university interests enumerated above, and any regulations should not discriminate with respect to viewpoint or content. ...

Consistent with the Principles outlined above, the following is a non-exhaustive set of examples of types of expression that are not protected: (1) threats; (2) harassing speech or behavior that is subjectively and objectively offensive and is so severe or pervasive, that it unreasonably limits or effectively denies a person’s ability to participate in or benefit from the educational program or activity; (3) speech directed at inciting or producing (and that is likely to produce) lawless action; (4) obscenity. Conversely, the following is a non-exhaustive set of examples of types of expression that are presumptively protected (subject to the requirements of this Policy): (1) assemblies of Emory Community Members in common spaces in buildings on university grounds; (2) lectures, discussions, and debates involving internal or external speakers invited by recognized student organizations; (3) chalking and posting of flyers. ...

It is the intent of this Policy to provide opportunities for impromptu activities that occur without a reservation, especially in areas that are well suited to such activities and that have traditionally been used for such activities, for example, outdoor spaces on campus. If protestors or the organizers of an event want to use an area where such activities are prohibited, the University administration shall make reasonable efforts to accommodate such activities in an alternate location nearby. The University will not unreasonably withhold permission for impromptu events. ...

Appendix A: Time, Place, and Manner Regulations for Open Expression at Emory University ...

A.3.2 Impromptu vs. Scheduled events

While the University encourages both impromptu and scheduled expression, the standards for supporting impromptu events may differ from those for scheduled events. While the university accepts and has an obligation to affirmatively support all protected expression, including impromptu expression, scheduled events allow the University to plan and implement measures to ensure that activities do not create a legitimate safety concern and do not unreasonably disrupt normal university operations. A legitimate safety concern exists when there is (1) a likelihood of violence or property damage; (2) the likelihood of a violation of any law or University policy (including a disruption to University operations); (3) when it appears there are or may be weapons or illegal substances present or being created; and/or (4) other such nondiscriminatory factors specific to the relevant circumstances. 

Community Members, including student groups, are encouraged to request open expression observers sufficiently in advance of events in order to coordinate and support their activities effectively. All Emory Community Members have access to spaces on campus to meet, confer, study, socialize, etc. and may reserve certain spaces. The University will restrict reservation of certain spaces by non-recognized student groups in order to prioritize access for Registered Student Organizations. 

Reservations for expressive events must be handled in a content-neutral manner. Requests may only be denied for reasons such as prior space assignments, legitimate safety concerns as outlined above, or unreasonable disruptions to normal University operations. The University will not deny space for expressive events based on disagreement with the message of the event.