Understanding the boundaries of free speech within the university setting is important for faculty, staff, and student employees. This page addresses some related frequently asked questions. 

In what contexts may employee speech be restricted?

University faculty, staff, and student employees are entitled to the full protection of the First Amendment when speaking as private citizens, so long as they do not state, imply or infer that they are speaking on behalf of the university. The specific facts and context of employee expression may result in a loss of First Amendment protection. For example, employee speech may not be protected when:

• Performing work duties or functions.
• Speaking on behalf of the university to students, parents, or visitors (in tours, trainings, etc.).
• Posting or commenting on university websites or social media channels.
• Blurring the lines between personal and employee speech on personal social media accounts.
• Violating university policies on harassment.
• Violating university policies on employee political activity.

What is academic freedom and how does it align with freedom of speech?

University faculty are entitled to academic freedom to conduct research and publish the results. Faculty further enjoy academic freedom in the classroom when discussing the course subject but may not introduce into the teaching controversial matters that have no relation to the subject. Academic freedom further does not protect from repercussions for violating the law, university policy, or infringing on the rights of individuals.

As an employee, can the university control what I say on my personal social media accounts? 

Generally, no. As a public institution, the university respects the right of its employees to freely engage in personal, off-duty expression. However, under certain circumstances, the university may be obligated to act to prevent harm to the university, our campus community, and its mission. For instance, when an employee’s personal expression violates university policy, such as engaging in threatening or intimidating speech towards a co-worker, the university may be compelled to intervene to maintain a safe or efficient work environment.

Does the First Amendment protect my speech if I post both university-related content and personal content on my personal social media account?

It depends on the specific facts involved. One key consideration is how closely readers may associate the personal account with the university. For example, using a personal social media account for university business or to perform job duties may create the impression that the employee is speaking on behalf of the university. Posting about controversial topics on the same account may cause readers to confuse the employee’s personal views with the university’s position. In such instances, First Amendment protections may not apply, and the university may be authorized and/or compelled to act.

To reduce the risk of confusion, employees who use their personal social media account to post university-related content, such as job openings, upcoming conferences, etc., should be cautious about also posting potentially controversial or objectionable content on that same account. If employees choose to post both university-related content and personal content on the same account, they should clearly state that the personal posts reflect their own views, not those of the university.