Nothing contained in this part shall be construed as prohibiting an institution from imposing measures that do not violate the First Amendment to the United States Constitution or the Constitution of Tennessee, Article I, § 19 such as:

(1) Constitutional time, place, and manner restrictions;

Terms Used In Tennessee Code 49-7-2408

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • faculty: shall include tenured and non-tenured professors, adjunct professors, visiting professors, lecturers, graduate student instructors, and those in comparable positions, however titled. See Tennessee Code 49-7-2404
  • Free speech: means speech, expression, or assemblies protected by the First Amendment to the . See Tennessee Code 49-7-2404
  • Institution: means an institution of public higher education in this state. See Tennessee Code 49-7-2404
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
(2) Reasonable and viewpoint-neutral restrictions in nonpublic forums;
(3) Restricting the use of the institution’s property to protect the free speech rights of students and faculty and preserve the use of the property for the advancement of the institution’s mission;
(4) Prohibiting or limiting speech, expression, or assemblies that are not protected by the First Amendment to the United States Constitution or the Constitution of Tennessee, Article I, § 19; or
(5) Content restrictions on speech that are reasonably related to a legitimate pedagogical purpose, such as classroom rules enacted by faculty.
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