What faculty and staff should know about expressive activity at NOVA

NOVA protects freedom of speech and expression as fundamental rights for all members of our community. Faculty and staff play a key role in supporting these rights while maintaining an environment that is safe, respectful and focused on learning. Here’s what you need to know about NOVA’s Expressive Activity Policy.

What is expressive activity?
“Expressive activity” refers to:

• speeches, performances, rallies and demonstrations;
• group meetings and events;
• distribution of literature like flyers or pamphlets;
• any form of expression protected by the First Amendment.

Students, student groups, faculty, staff and—under certain conditions—outside visitors can organize these activities.

Key legal foundations:

• First Amendment (U.S. Constitution): Protects freedoms of speech, press, assembly and petition.
• Virginia Constitution (Article I, Section 12): Affirms these rights and opposes restraint except by despotic governments.
• Higher Education Act: Requires colleges to protect student speech, even if it’s unpopular.
• Our 501(c)(3) Status: Prohibits NOVA from political campaigning for or against candidates.

Students vs. outside groups: What’s the difference?
NOVA students and recognized student organizations have broad rights to engage in expressive activity, especially in outdoor areas, without prior approval—so long as their actions don’t disrupt campus operations or safety.

Outside groups and visitors, however, must:

• be sponsored by a NOVA student organization or college department
• submit a request to reserve campus space in advance                                                                       

This means students have more freedom to engage in expressive activity on campus than outside individuals or organizations.

Expressive activity on campus:

• Outdoor Areas are open to spontaneous expressive activity for students and their guests. However, activities must not block access, incite violence or disrupt college operations.
• Indoor areas must be reserved in advance. Spaces like classrooms, labs, libraries and restrooms are not available for expressive activity.
• Encampments and overnight structures are not permitted, and activities must only occur during operating hours.                                                                                                                     

Free speech in the classroom
Classrooms and labs are for instruction, not for fully-open forums for expressive activity. Students may express opinions about the day’s lesson but must not disrupt learning. Faculty should:

• include conduct expectations in syllabi;
• allow students the opportunity to correct disruptive behavior;
• apply classroom rules consistently and without viewpoint bias.

If a student persists in off-topic or disruptive speech, this may be addressed through the Student Code of Conduct.

What types of speech are not protected?
While most speech is protected, five categories are not:

1. True Threats – serious threats of violence
2. Incitement – speech likely to provoke imminent lawless action
3. Fighting Words – insults likely to incite immediate violence
4. Defamation – false statements made to damage reputation
5. Obscenity – offensive content that lacks serious value, as defined by Virginia law

Each act of free speech must be evaluated on its own merit.

Please note, specific forms of unpopular speech could fall under the definition of protected speech. As such, faculty and staff should be cautious about disrupting expressive activity outside of classroom environments. Within the classroom, faculty should always consider whether expressive activity is substantially disruptive to the learning environment and, in so doing, turn to evidence to justify their claim. Students engaged in disruptive behavior, including expressive activity, should be allowed to correct their behavior and advised there is an appropriate time, place and manner by which their expressive activity could continue.

How to Report
If you believe someone’s expressive rights were violated, or you witness concerning activity:

• visit the Free Speech at NOVA webpage;
• complete the Free Speech Reporting Form.

Final Reminder
Freedom of expression is essential to NOVA’s mission and values. By understanding the boundaries and responsibilities surrounding expressive activity, we ensure our campus remains a place where all voices can be heard—safely, respectfully and in support of learning.

—Dr. Nathan Carter, chief institutional effectiveness & inclusion officer, Office of Care & Inclusion