Section 1720-01-12-.05 - NON-AFFILIATED PERSONS INVITED TO PARTICIPATE IN FREE EXPRESSION ACTIVITIES IN CONNECTION WITH AN OFFICIAL ACTIVITY OF A UNIVERSITY UNIT(1) A University unit may invite a non-affiliated person to participate in free expression activities in connection with an official activity of the University unit (e.g., lecture, presentation, debate, panel, symposium) if the head of the University unit determines that the non-affiliated person's participation would advance one or more of the University's principal missions of teaching, research, and service. In making such a determination, the head of the University unit is deciding how to use University property to advance the University's mission. That decision is government speech, which is not subject to the restrictions of the First Amendment's Free Speech Clause.(2) The participation of a non-affiliated person in free expression activities under this Section .05 is by invitation initiated by a University unit. Nothing in this Chapter shall be construed to grant non-affiliated persons a right to solicit such an invitation or to require a University unit to respond to such a solicitation from a non-affiliated person.Tenn. Comp. R. & Regs. 1720-01-12-.05
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.