Free Expression Policy

Values

The University of Maryland Francis King Carey School of Law is committed to encouraging and protecting every person’s freedom to express their views in a lawful manner, even if those views are seen by some as controversial, unpopular, or offensive. Effective legal education and the development of law and policy require free, robust, and uninhibited sharing of ideas reflecting a wide range of viewpoints.

Maryland Carey Law is a community of scholars and learners who strive to listen and learn from other’s divergent views, backgrounds, experiences, and perspectives, even when opposing ideas are offensive or disagreeable. Lawyers must learn effective and persuasive communication strategies to share ideas, expand knowledge, build understanding, seek truth, challenge inequities, advocate for justice, and improve law and policy.

Maryland Carey Law adopts and incorporates by reference the Freedom of Speech and Expression Value Statement approved by the University System of Maryland Board of Regents (June 21, 2019). As explained in that statement:

The free exchange of ideas and information is central to higher education’s foremost obligation of fostering both intellectual development and the discovery and dissemination of knowledge. Scholarship and learning can only flourish in an environment in which the unfettered expression of all ideas is nurtured.

We strive to create a community of mutual respect and professionalism, in which we vigorously debate ideas and protect every person’s freedom to speak and hear all views. While we cannot protect individuals from exposure to speech or viewpoints they may find offensive or even hateful, we will not tolerate threats to a person’s physical safety, unlawful harassment, and other unlawful or disruptive conduct.

Limits on Free Expression

Maryland Carey Law follows USM and UMB policies on reasonable time, place and manner restrictions on free expression, including the UMB Building and Space Access policy. Students who wish to engage in peaceful protest should follow policies regarding Student Activism - UMB Student Affairs (umaryland.edu). The right to free expression does not protect speech that:

1. Falsely defames another person;
2. Constitutes a genuine threat of bodily harm;
3. Constitutes unlawful discrimination or harassment under state or federal law;
4. Disrupts law school activities and functions, including classes, events, meetings, library or law school operations, ceremonies, or other functions;
5. Threatens physical safety of others.

Violations of these limits on free expression can subject students to the Student Disciplinary and Appeals Procedure.

Maryland Carey Law also follows USM and UMB policies regarding outside political activities by employees (see STATE ETHICS COMMISSION (maryland.gov)) and standards of professional conduct by employees (VII805.pdf (usmd.edu)), which prohibits speech that constitutes workplace bullying or violates state or federal laws prohibiting unlawful harassment and discrimination.