In the spring of 2024, the Interim Expressive Activity Policy faced faculty protests with crowds of nearly 200 and student leaders calling for its suspension. Now, the controversial policy is being prepared for its final version.
The Interim Expressive Activity Policy, originally released on Jan. 24, 2024, and updated on March 11, 2024, outlined “expectations for Cornell students, faculty, and staff participating in expressive activity.”
After its rocky release and a spring semester filled with increased protest activity, the University tasked the committee in May with recommending a final expressive activity policy that protects free expression and protest while establishing “content-neutral limits that ensure the ability of the University community to pursue its mission.”
The Committee on Campus Expressive Activity’s report, released on Dec. 18, 2024, outlines 12 updated recommendations to the policy addressing time, place and manner rules in response to community concerns. As the University completes its policy revision process in the coming months, The Sun outlined key details about the updated recommendations and what differs from its controversial predecessor.
Pre-Event Scheduling
The committee maintained its approach that scheduling and registering campus events on 25Live, particularly those involving expressive activity, remain “recommended but not required.”
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The committee expressed its strong support that the University “develop a rapid response scheduling option to accommodate more spontaneous activities, including expressive activities.” They recognize that the University Events Team scheduling website registration requirement of two to four weeks in advance, depending on event size, is “not well suited to certain types of campus events, including some expressive activities.”
The current Interim Expressive Activity Policy “strongly encourage[s]” but does not require space reservations for indoor and outdoor demonstration activities.
Amplified Sound
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Under the Interim Expressive Activity Policy, public address systems or amplified sound may only be used on Ho Plaza and in front of Day Hall between noon and 1 p.m. without prior approval from the University Events Team.
Previously, using amplified sound at any other time or location required prior written approval. The committee called these restrictions “overly narrow,” and has since recommended that amplified sound use be permitted between 5 p.m. and 9 p.m. Expressive activity organizers are expected to avoid locations where evening classes are held.
The report notes that many peer universities permit significant disruptive sound between 5 p.m. and 9 p.m., a period when fewer classes are held, reducing the likelihood of amplified sound interfering with classroom activities.
Postering and Open Flames
Under the committee’s most recent recommendation, outdoor expressive activities involving open flames “should” follow the fire safety code policies, including completion of a candle use permit form.
Under the interim policy, the University “may” designate locations appropriate for postering and signage related to any type of campus activity, including expressive activity.
The latest report suggests that “each facility on [Cornell’s] campuses should designate locations” for postering and signage. Students are still encouraged to contact the applicable building coordinator to find out the locations of designated postering areas.
“Transparent communication about designated postering locations in buildings and outdoor grounds is essential,” the CCEA stated.
Although written permission has never been required to post in designated postering areas, the interim policy mandates that all posters be dated and include the name of the sponsoring Cornell organization, unit or individual. This requirement has since been eliminated in the CCEA’s recommendations.
Masking and IDs
The previous Oct. 30, 2024, draft report stated that anyone who refuses to identify themselves, either by showing a Cornell ID or removing any face coverings, may be treated as non-affiliates and subject to regulations that apply to non-community members.
The new report clarifies that wearing masks or face coverings is permitted on Cornell’s campuses, but that individuals wearing masks are “subject to lawful demands by authorized university personnel to briefly unmask to verify a person’s identity.”
Expanding Sanction Options
The CCEA formally recommended the University consider a broader range of progressive measures, such as alternate informal sanctions (e.g., a dean’s warning or reprimand) for minor violations of rules of conduct.
In the case of student violations, formal sanctions for more serious violations could include but not be limited to disciplinary probation, withholding of degree, suspension and expulsion. The committee noted that community service, censure, requirement to participate in an educational program, restitution and loss of access to space, resources and activities are all viable accompanying approaches.
The committee recommends dividing violations into five categories:
- Peaceful assembly
- Civil disobedience
- Disruptions
- Property damage
- Threats, violence and property destruction
If the CCEA’s recommendations are codified in the final University policy, these definitions may guide the disciplinary process if an individual or group is found in violation of the policy.
‘A Significant Step in the Right Direction’
The Foundation for Individual Rights and Expression — a non-profit civil liberties group with a focus on defending free speech— called the updated changes “a significant step in the right direction.”
“Despite [its flaws], Cornell deserves praise for demonstrating its willingness to engage critics, make changes, and to honor the principle of free expression as enshrined in our Constitution,” stated Ross Marchand, a program officer on FIRE’s policy reform team, in a newsdesk release.
Colleen Barry, dean of the Brooks School of Public Policy and chair of CCEA, said the committee aims to create a policy to serve Cornell’s community beyond present circumstances.
“Universities are places where expressive activity is always occurring,” Barry said. “But the value of having both principles and then policies around how we think about the role of expressive activity within a university community will always be important.”
Correction, January 21, 5:36 p.m.: A previous version of this article used an incorrect name for the Foundation for Individual Rights and Expression.