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Frequently Asked Questions

What is the First Amendment?

The First Amendment of the U.S. Constitution states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise 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.”

How does the First Amendment apply to private universities like GW?

As a private university, First Amendment protections do not apply to GW students, faculty, or staff. However, consistent with the university’s commitment to academic freedom, free inquiry, and free expression, GW has long maintained a robust set of policies and rules that provide students and faculty with protections similar to the First Amendment.

Can the university restrict speech at GW?

GW can and does regulate speech when it is obscene and involves threats, directly incites violence, or involves illegal conduct.  In addition, speech is not protected when it rises to the level of prohibited harassment based on a person’s protected characteristic (examples include age, disability, ethnicity/national origin, gender, race, religion/faith tradition, sex, sexual orientation, veteran status, and many others) as defined by state, local, and federal anti-discrimination laws and university policies. Finally, speech may be regulated in a way that focuses on reasonable time, place, and manner restrictions that are not based on the content of the speech. One example of such time, place, and manner restrictions is that the university prohibits speech that disrupts university activities or operations.

Why are people permitted to display or say hateful things on campus?

Because the law requires it and tolerating language we find intolerable is a hallmark of our free and open society. Many are surprised to learn that much of what is considered “hate” speech is permitted under the First Amendment – and by GW’s rules. This includes statements that are rude, inconsiderate, bigoted, and hurtful. It also includes ideas that are inconsistent with what some may consider to be commonly accepted values. GW permits such speech not because we support it. We permit it to allow a free exchange of important and sometimes controversial ideas without imposing on any particular person’s ideas of what is rude or in good taste.  

It is important to emphasize that just because someone has a right to say something hateful does not mean it is condoned by the university; nor does it shield the speaker from being criticized or challenged about what they have said. Silencing the speaker is not the answer to hate speech; more speech is the answer. We have an obligation to discuss issues in a way that models productive and respectful disagreement, and we must remain dedicated to conducting ourselves based on the shared values of our community.

What should I do if I feel physically threatened by someone's speech?

Threats should be reported immediately to GW Police Department or the Metropolitan Police Department. In the case of an emergency, call 911 immediately.

What can I do if I feel threatened or angered by someone's speech?

Whether or not speech rises to the level that it should be prohibited — which goes beyond a feeling of being threatened – anyone feeling threatened at GW is encouraged to seek support from the GW Police Department, the Division for Student Affairs, the Office of Diversity, Equity, and Community Engagement, and other resources within and outside of GW.

What should someone do if they believe they have been discriminated against or harassed?

Concerns about students or student organizations who are discriminating against or harassing you may be filed with Conflict Education & Student Accountability (CESA, formerly known as Student Rights & Responsibilities).

Concerns about faculty who are who are discriminating against or harassing you may be filed with the Vice Provost for Faculty Affairs.

Concerns about staff who are who are discriminating against or harassing you may be filed with the Equal Employment Opportunity and Access Office.

What should someone do if they have concerns that their speech is being interfered with or obstructed?

The Guidelines for Exercising and Defending Academic Freedom (the “Guidelines”) prohibit members of the university community from obstructing or interfering with the rights of others on campus to express their views (for example, by blocking access to a university-sanctioned forum or by attempting to silence or shout down a speaker at such a forum).  See also Statement of Student Rights and Responsibilities (“Students must recognize their responsibility to uphold the right of free speech and to permit invited speakers to appear and speak without disruption.”) Appropriate disciplinary action may be taken under applicable university policies against members of the university community who intentionally obstruct or interfere with the exercise of academic freedom and the freedom of expression and inquiry protected under the Guidelines as well as under the university’s Policies on Demonstrations and Disruptions of University Functions.

GW prohibits speech that is discriminatory—so if someone is offended by my speech, does that mean it’s prohibited?

The university’s definition of harassment generally parallels civil anti-discrimination law in the U.S. and the threshold for violations is more detailed than whether or not someone is offended. For speech or expression to be prohibited under the university’s anti-discrimination policy, the speech must meet the following criteria:

• Is directed toward someone on the basis of that person's protected characteristic (examples include age, disability, ethnicity/national origin, gender, race, religion/faith tradition, sex, sexual orientation, veteran status, and many others)
• Is unwelcome
• Is sufficiently severe, persistent, or pervasive so that it interferes with someone’s ability to pursue their work or education, and

The above must be determined both subjectively (by the person targeted by or affected by the behavior) and objectively (by a reasonable, similarly situated person).

GW prohibits "threats" against members of the university community. So if someone feels threatened by my speech, does that mean it’s prohibited?

Everyone at the university has a role in contributing to a supportive and effective living and learning environment for all members of our community. Given that responsibility, community members should consider the impact their words and actions may have on others, especially those who may experience disproportionate harm on the basis of their identities. Nonetheless, “threats” that justify the curtailment of speech go beyond a subjective feeling of being threatened. Whether or not certain speech is prohibited, anyone feeling threatened at GW is encouraged to seek support from the GW Police Department, the Division for Student Affairs, the Office of Diversity, Equity, and Community Engagement, and other resources within and outside of GW.

How is free expression protected in classroom settings?

The Statement of Student Rights and Responsibilities (PDF) provides that students are encouraged to engage in free discussion, inquiry, and expression. It further provides that student performance should be evaluated solely on an academic basis, and not on opinions or conduct in matters unrelated to academic standards. The Faculty Code of Conduct provides that a faculty member shall enjoy freedom of expression, and that in the classroom, a faculty member's exposition shall be guided by the requirements of effective teaching, adherence to scholarly standards, and encouragement of freedom of inquiry among students.

Are speech protections extended to guest speakers, guest lecturers, and other visitors to GW’s campus?

While GW policies are generally applicable to students, student organizations, faculty, and staff, the university is prohibited from discriminating on the basis of protected characteristics (examples include but are not limited to age, disability, ethnicity/national origin, gender, race, religion/faith tradition, sex, sexual orientation, and veteran status) against members of the general public who may have access to GW facilities.  In addition, the Statement of Student Rights and Responsibilities (PDF) generally allows students to assemble, select speakers, and to discuss issues of their choice, provided that the assembly is lawful in nature, does not disrupt university activities or operations, and does not infringe upon the rights of others.

What happens when an individual or group violates a law or university policy?

Students, student organizations, and student groups who violate a law, university policy or participate in disruptive behaviors may be subject to conduct action in accordance with the Code of Student Conduct.

Faculty and staff who participate in disruptive behaviors, including disobeying directives to disperse or refusing to comply with time, place, and manner restrictions, may be subject to disciplinary action in accordance with university policies; state, local, and federal law including federal labor law; and any applicable collective bargaining agreement.

All individuals who participate in disruptive behaviors may be subject to conduct or disciplinary action up to and including bar notices, suspension, expulsion, and/or termination.

All individuals engaging in unlawful behaviors may be subject to arrest and criminal action, as determined by applicable federal, state or local authorities.