After almost a year of debate, Emory University adopted a new Open Expression Policy. Calls to change the previous Respect for Open Expression Policy increased after the University involved Atlanta Police Department, Georgia State Patrol and Emory Police Department officers to remove a pro-Palestine encampment from the Emory University Quadrangle on April 25, 2024. During the removal, police arrested 28 people, including 20 Emory community members.
In the new policy, Emory pledged to use a content-neutral approach, to address open expression issues and policy violations. Based on recommendations from a University Senate subcommittee focusing on open expression, the policy will also include changes to clarify existing guidelines relating to time, place and manner restrictions.
The subcommittee was responsible for reviewing Emory’s previous policy and included University Senate members, administrators, students and other campus stakeholders.
“The subcommittee worked diligently for five months and produced a draft proposal,” University Senate President George Shepherd wrote in a March 20 email to the Emory community. “A team from the subcommittee then met many times over six weeks with a team from Emory’s administration.”
Before classes began in the 2024-25 academic year, University President Gregory Fenves announced an addendum to the previous open expression policy, which explicitly banned encampments on Emory’s campus in addition to clarifying other time, place and manner restrictions.
This action stirred discontent among both students and faculty. Shepherd and the University Senate for Open Expression Committee Chair Ilya Nemenman alleged Fenves’ action violated typical procedures used in changing university open expression policies.
The subcommittee released a report of their recommendations for changes to Emory’s previous policy to Senate members in a November 2024 meeting. The senate approved these recommendations in a resolution in December 2024, which Shepherd then sent to the Board of Trustees. The University Senate's recommendations included permitting overnight and multi-day protests.
The updated policy holds that protests and other demonstrations are not allowed on Emory’s campus between midnight and 7 a.m. However, other expressions could be permissible if they do not disrupt proper campus activity.
Additionally, the new policy includes a list of restricted areas for protest, such as academic buildings, offices, museums, essential infrastructure like hospitals and locations that may risk individuals’ safety. It also allows for some temporary structures on Emory’s property provided the structures do not obstruct the observation ability of police, open expression observers or other community members. Additionally, the policy allows the University to limit the amount and type of structures used in events. Demonstrators also must remove the temporary structures by midnight.
“Tents or similar structures are not permitted, but open sided canopies or similar temporary structures which allow for full view of activities occurring within the canopy, for the purpose of providing shade or protection from rain, may be permitted,” the policy reads.
While invited guests have the same rights and obligations as community members, this is only valid within the time and space constraints of the event, the policy notes. If Emory administrators or law enforcement ask guests to leave campus property, they must either comply with the request or potentially face legal action.
Further consequences for community members found violating the policy are detailed in the new policy. Depending on the severity of the transgressions, community members may face warnings, educational sanctions or termination of employment.
The policy states speech not protected includes obscenity, harassment, threats and speech intended to cause “lawless action.”
Time, place and manner restrictions in this new policy do not apply to University-sponsored events such as Commencement or Alumni Weekend. Last May, Fenves announced that Emory would move its commencement ceremony off-campus due to safety concerns after protests on campus, but he did not cite any specific concerns.
Along with changes to open expression rules, the new policy also further defines the role of open expression observers and the University Senate Committee for Open Expression. Under the new policy, University administration must formally consult with the University Senate before implementing changes to the policy.
Shepherd wrote that with these revisions, which the subcommittee based on the First Amendment, Emory’s policy will be one of “the country’s best.” Additionally, he expressed gratitude to Emory administrators for their cooperation in making these changes.
“This new Open Expression Policy has benefitted profoundly from the perspectives not only of all the Senate’s stakeholders, but also of the university administration,” Shepherd said.
Spencer Friedland (26C) is from Long Island, N.Y. While not working at the Wheel, he is a member of Emory Disability Rights, Education Activism and Mentoring and the Franklin Fellows program. In his free time, he can be found watching the New York Yankees or going to the movies.
Ellie Fivas (she/her) (26C) is from Cleveland, Tenn., and is majoring in political science and history on the pre-law track. She manages the Wheel’s opinion section and the Editorial Board. When she is not writing for her political column Electoral Ellie, she works in prison education, leads a human rights club and works at the Emory Writing Center. In her free time, you can find her reading trashy romances and The New York Times, basking on the Quadrangle and doing crossword puzzles.
