Discussion

Free expression and updated University of Hawaiʻi updated time, place and manner policy

Play
Listen to this Article
3 minutes
Loading Audio... Article will play after ad...
Playing in :00
A
A
A

The following message from University of Hawaiʻi President Wendy Hensel was shared June 25 with students, faculty and staff at all 10 of the university’s campuses throughout the state:

Aloha (University of Hawaiʻi) ʻohana,

University of Hawaiʻi beginning July 1 will implement an updated free expression policy — officially known as the time, place and manner policy and procedures — on an interim basis throughout our 10 campuses.

Courtesy Photo: University of Hawaiʻi News

This provisional implementation follows more than 8 months of consultation, feedback and revision involving faculty senates across all 10 campuses, law school scholars, student leaders, employee unions, legal counsel, campus administrators, safety personnel and civil liberties advocates.

The interim implementation period will also provide an additional opportunity for outreach, education and community engagement throughout the fall semester before any final adoption is considered.

To support those conversations, the university launched a resource web page that includes the interim policy and procedures, redline versions showing the proposed changes, a side-by-side comparison of the current and updated policy and procedures, a consultation timeline and an extensive frequently asked questions section.

The proposed policy and procedures reaffirm (University of Hawaiʻi’s) longstanding commitment to free expression, academic freedom and the open exchange of ideas. Peaceful protests, demonstrations, rallies, speeches, petitions and other forms of constitutionally guaranteed expression remain fully protected.

The policy also explicitly preserves the right of students, faculty and staff to spontaneously assemble and engage in expressive activity in generally accessible outdoor areas without prior approval, ensuring the university remains responsive to emerging events and issues.

What the policy and procedures do require is that activities follow reasonable, viewpoint-neutral time, place and manner standards — such as managing noise levels near classrooms and offices, designating appropriate posting areas and ensuring that building access remains unobstructed.

These are common expectations at universities nationwide. They are not designed to restrict speech, but rather ensure free expression and the core functions of the university can coexist.

Why these updates matter

As a former law professor who taught aspects of First Amendment law, I believe deeply that free speech and open intellectual debate are essential to our mission across all 10 (University of Hawaiʻi) campuses. Protecting these freedoms is one of my most important responsibilities as president.

Applying First Amendment principles in a real campus environment is complex and highly charged.

Like all public universities, (University of Hawaiʻi) must safeguard individuals’ constitutional rights while also ensuring our campuses remain places where teaching, learning and research can occur without disruption.

Time, place and manner policies are the standard way public universities balance these responsibilities.

University of Hawai‘i President Wendy Hensel. (File Image: University of Hawai‘i News website)

They are — and must be — strictly viewpoint-neutral.

They do not regulate what people say. Instead, they establish reasonable expectations for how, when and where expression can occur so that campuses remain safe, accessible and functional for everyone.

(University of Hawaiʻi) has had a time, place and manner policy in place for decades, but the current version — last substantially updated more than 10 years ago — contains ambiguities that have at times led to inconsistent interpretation and enforcement.

Ambiguity can undermine confidence that policies are being applied consistently and fairly, regardless of viewpoint. The proposed revisions are intended to address that risk by clarifying rights and responsibilities for all members of our community.

The input received from faculty, students, staff, unions, legal experts and other stakeholders throughout the consultation process helped strengthen the policy and procedures, making them more precise, transparent and workable.

I encourage everyone to review the materials available on the resource web page and participate in the discussions that will take place throughout the fall semester.

We welcome continued debate, scrutiny and engagement. These conversations embody the very academic freedom we are committed to protecting.

By working together to establish clear, fair and consistently applied standards, we can ensure University of Hawaiʻi remains a place where robust debate, free inquiry and transformative learning thrive for generations to come.

Hensel’s message was published June 25 on the University of Hawaiʻi News website and is being shared by Kauaʻi Now.

ADVERTISEMENT

Sponsored Content

Subscribe to our Newsletter

Stay in-the-know with daily
headlines delivered straight to your inbox.
Cancel
×

Comments

This comments section is a public community forum for the purpose of free expression. Although Kauai Now encourages respectful communication only, some content may be considered offensive. Please view at your own discretion. View Comments