Article 1: University of Colorado Legal Origin, Mission, Policy Framework and Freedom of Expression

The University of Colorado was originally established as a territorial university by act of the Council and House of Representatives of the Colorado Territory on November 7, 1861. Upon Colorado's admission to the Union in 1876, the Constitution of the State of Colorado declared the territorial institution of the "University at Boulder" to be an institution of the State.

[See section 5 of article VIII of the State Constitution.]

Section 5 of article VIII of the State Constitution was amended in 1923 to authorize the Regents of the University to operate all or any part of the departments of medicine, dentistry, and pharmacy at Denver. Also, nothing in section 5 was to be construed to prevent the university or other state educational institutions from giving temporary lecture courses in any part of the state, or conducting class excursions for the purpose of investigation and study.

In 1972, section 5 of article VIII of the State Constitution was further amended to:

(A) describe the university as being "at Boulder, Colorado Springs, and Denver";

(B) extend the University of Colorado Anschutz Medical Campus provision to include all or any part of the schools of medicine, dentistry, nursing, and pharmacy of the university, together with hospitals and supporting facilities and programs related to health; and

(C) make clear nothing in section 5 was to be construed to prevent any state institution of higher education, with prior approval of the General Assembly, from "establishing, maintaining, and conducting or discontinuing centers, medical centers, or branches in any part of the state."

The University of Colorado shall consist of a president's office and four campuses, each of which shall be headed by a chancellor. The campuses shall operate at several principal sites located and referred to as follows:

(1) at Boulder, "the University of Colorado Boulder";

(2) at Colorado Springs, "the University of Colorado Colorado Springs";

(3) at Denver, "the University of Colorado Denver";

(4) at Aurora, “University of Colorado Anschutz Medical Campus.” 

The University of Colorado is committed to the principle of freedom of expression embodied in the First Amendment to the United States Constitution and Article II, Section 10 of Colorado’s State Constitution. The University of Colorado has an obligation to uphold the principle of freedom of expression. All members of the university community, defined as the Regents of the University of Colorado, the officers of the university and the administration, and the university’s faculty, staff, and students, have a responsibility to protect the university as a forum for the free expression of ideas.

The University of Colorado is an institution of higher education and its campuses are devoted to the pursuit of learning and the advancement of knowledge through the free exchange of ideas. The free exchange of ideas includes not only the right to speak, but the right to listen.

The university community must strictly adhere to the principle of viewpoint neutrality, meaning that the university shall not prohibit or restrict speech based upon either the substantive content of the speech or the message it conveys or because of the reaction or opposition of others to such expression.

Speech related to political, academic, artistic, and social concern serve vital purposes, both in society and within the university itself. Speech related to these topics is within the boundaries of free expression, even when others construe that speech as wrong or insensitive. The proper response to ideas that members of the university community find offensive or unwarranted is to challenge those ideas through the exercise of reason and debate, rather than attempt to interfere with or suppress them.

This article of the Laws of the Regents addresses speech that occurs on University of Colorado campuses, but not speech occurring in the course of research or in the classroom instructional environment. Speech in research and teaching is governed by Article 5, Part D and Article 7, Part C of the Laws of the Regents.

Free expression encompasses verbal and written means by which individuals may communicate ideas to others, including all forms of peaceful assembly, protests, speaking verbally, holding signs, circulating petitions, and distributing written materials. Free expression includes voter registration activities but does not include speech that is primarily for a commercial purpose, including the promotion, sale, or distribution of any product or service.

Free expression does not include speech or conduct that is not within the First Amendment’s protections, including speech or conduct that is a true threat, fraudulent, harassing, obscene, defamatory, or otherwise unlawful.

As described in regent policy 3.A and 3.B, the Board of Regents authorizes the president and the chancellors to enact regulations in accordance with university policy and applicable law to promote free expression on the University of Colorado campuses and property, while simultaneously protecting the university environment, establishing lawful standards of conduct, and preventing disruption of university activities.