Section 1720-01-12-.04 - NON-AFFILIATED PERSONS INVITED TO PARTICIPATE IN THE FREE EXPRESSION ACTIVITIES OF STUDENT ORGANIZATIONS AND FACULTY MEMBERS USING LIMITED PUBLIC FORUMS(1) The University has opened many of its outdoor spaces and indoor facilities as limited public forums for use by students and by faculty members exercising academic freedom. In accordance with well-established First Amendment law, the University does not regulate these free expression activities on the basis of viewpoint.(2) A student organization using a University limited public forum may invite a non-affiliated person to participate in the student organization's free expression activities, subject to the terms of the invitation and subject to the time, place, and manner restrictions in Section .08. The student organization that invites the non-affiliated person shall be responsible for ensuring that the non-affiliated person is knowledgeable about the restrictions in this Chapter.(3) A faculty member using a University limited public forum in the exercise of his or her academic freedom may invite a non-affiliated person to participate in the faculty member's free expression activities, subject to the terms of the invitation and subject to the time, place, and manner restrictions in Section .08. The faculty member who invites the non-affiliated person shall be responsible for ensuring that the non-affiliated person is knowledgeable about the restrictions in this Chapter.(4) A non-affiliated person invited pursuant to this Section .04 is not a guest of the University. Rather, the non-affiliated person is a guest of the student organization or faculty member who is using the University's limited public forum.(5) A student organization or faculty member deciding whom to invite or not invite as a participant in free expression activities in a University limited public forum pursuant to this Section .04 does not exercise the governmental authority of the University or the State of Tennessee (i.e., the student organization or faculty member is not acting as a governmental official deciding who is allowed to use a limited public forum). Rather, the student organization or faculty member is the user of the forum, with First Amendment rights to decide whom to include in the free expression activities. An invitation extended to a non-affiliated person by a student organization or faculty member under this Section .04 shall not be construed to imply approval or endorsement by the University of the views expressed by the non-affiliated person.(6) The participation of a non-affiliated person in free expression activities under this Section .04 is by invitation initiated by a student organization or faculty member. Nothing in this Chapter shall be construed to grant a non-affiliated person a right to solicit such an invitation from a student organization or faculty member or require a student organization or faculty member to respond to such a solicitation from a non-affiliated person.Tenn. Comp. R. & Regs. 1720-01-12-.04
Emergency rule filed July 18, 2014; effective through January 14, 2015. Original rule filed July 18, 2014; effective 10/15/2014.Authority: T.C.A. § 49-9-209(e) and Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5, and Public Acts of Tennessee, 1807, Chapter 64.