Montclair State University released an updated edition of their Expressive Activity Policy on Oct. 18, which was first released in 2021. The updates include definitions for different types of activity, when and where activity can take place and revised regulations for this activity.
This comes after a year of protests, demonstrations and activities both at Montclair State and college campuses nationwide surrounding the Israel-Palestine conflict, as well as other issues.
“We have been examining our Expressive Activity Policy for the past several months to ensure that we are striking the right balance of fostering an environment that is respectful of free expression, encourages the free exchange of ideas and retains the qualities of a community where members can study, learn and engage,” said Elyse Fernandez, director of media relations for Montclair State.
The updated policy defines expressive activity as “any noncommercial lawful verbal, written, symbolic, audiovisual, or electronic activity or conduct, engaged in by individuals wishing to participate in free expression or to publicly express ideas, opinions, or messages to the campus community or a portion thereof.”
Some portions of the policy, and the lack of official communication from the university to students, left members of the campus community worried in the week that has followed.
One distinct addition was the section solely for definitions of terms such as “expressive activity,” “disruptive activity,” “organic and spontaneous activity” and “silent or symbolic expressive activity.”
The updated policy also lists “Designated Locations” for expressive activity. The main designated location is the Amphitheater; other designated locations include Alumni Green, the bricked patio in front of the lower Student Center steps, the area surrounding Bohn, Blanton and Webster Halls and more.
The policy also prohibits “the creation or erection of a structure in violation of University policy,” and limits demonstrations of expressive activity to the hours of 8:30 a.m. to 6 p.m. This comes in light of overnight encampments at universities such as Rutgers, Princeton and several others within the last year.
Additionally, the updated policy requires all individuals and groups must reserve a designated location for all expressive activity that is planned or promoted beforehand. Reservations must be submitted to the assistant dean of student engagement at least five business days prior, as opposed to four in the original policy. The policy says the university will respond to the request within two business days.
The part of the policy that discusses “silent or symbolic expressive activity” has raised many concerns in the campus community.
Symbolic expressions, as defined by the new policy, are “actions that convey a specific message, such as wearing armbands, holding signs, or other nonverbal or silent forms of expression.” Later, symbolic expression is defined again – coupled with silent expression – as “noiseless activity that conveys a message, including but not limited to silent protest, displaying signs, wearing symbolic clothing, gesturing, standing, sitting, walking or other noiseless activity.”
Notably, the right to wear symbols of protest is protected under the 1969 Supreme Court case Tinker v. Des Moines Independent Community School District, where the Supreme Court protected the rights of students during protests of the Vietnam War four years earlier.
Students expressed concern that the requirement of a five-day advance notice for silent or symbolic activity infringes on their First Amendment rights.
Yitzi Halberstam, a junior humanities major, said the policy is unclear.
“The definitions [are] so vague that wearing a kaffiyeh, or even just a shirt that they define as symbolic, would need to be registered,” Halberstam said.
Chelsea Pujols, a senior journalism and digital media major, said she feels the same way.
“College is a place to discover and celebrate your identity, and, for some, your identity cannot be separated from activism,” Pujols said.
Pujols was left with more questions than answers after reading that portion of the policy.
“Will a Black student be punished for wearing an Afro, or a gay student for wearing their pride colors?” Pujols said. “A proud Hispanic [person] raising their flag during heritage month? Someone practicing their religion and wearing a symbol of faith?”
Fernandez said that the answer to those questions is no. That portion of the policy, she said, “was intended to apply to silent or symbolic activity that gathers individuals together for demonstration, protest, or related purposes.”
“This portion was not intended to apply to an individual’s decision to wear a particular article of clothing, such as a shirt or head covering, or other everyday activities that could be used to communicate a particular message or view,” Fernandez said.
Fernandez also clarified how the policy deals with spontaneous silent or symbolic activity.
“Expressive Activity, whether silent or otherwise, that meets the definition of spontaneous does not need to reserve space or provide advanced notice,” Fernandez said.
The policy also says that any event promoted on social media is no longer considered spontaneous.
Fernandez said that the policy would be updated to reflect these clarifications.
“We will revisit the language to ensure this intention is clear,” Fernandez said.
The portion of the policy that prohibits “digital or indirect distribution of leaflets, pamphlets, or other printed materials” also raised concerns among members of the campus community. This includes mass emails, placing materials under doors or anything that goes against the University’s Posting Policy.
Paige Santos, a senior international business major, said they disagree with this regulation.
“When I heard [that] the University had updated the Expressive Activity Policy after receiving criticism, I assumed they were making it more specific to protect students, not that they would make policies stricter, threatening punishment for expression,” Santos said.
Adam Rzepka, an associate professor of English and member of Faculty for Justice in Palestine (FJP), sent an email to faculty and staff on Oct. 18 with news of the updated policy and specific moments he deemed important to highlight.
“Please be careful not only what you express verbally but also what you suggest with your silence and also what your presence may symbolize – especially if you are being silently expressive outside of a Designated Location,” Rzepka warned his colleagues in the email.
One registered student organization, Panther Progress: Community Compassion Collective – who defines themselves as an organization to provide community unity, compassion and understanding – shared a post on Oct. 20, via their Instagram, sharing insights and quotes of the new policy.
A passage from the post reads: “While maintaining campus safety is essential, the policy prioritizes administrative convenience over genuine free expression. These rigid controls on the time, place, and manner of expression threaten the spontaneity and vibrancy vital to meaningful campus discourse.”
When asked about the specifics of this portion, Fernandez said that the updated Expressive Activity Policy “only applies to activity conducted on University owned or controlled property.” However, she did note that online conduct could be subject to other policies and guidelines the university has for both students and employees.
“This means that digital postings on platforms that are not owned or controlled by the University, such as WhatsApp or GroupMe, are not Expressive Activity as defined by this Policy,” Fernandez said. “But online conduct may implicate other university policies such as our Social Media Policy, the Student Code of Conduct, and faculty or employee handbooks.”
As with the portion of the policy regarding silent and symbolic activity, Fernandez said that the policy would be changed to reflect these specifics.
Students were also surprised that they had not been notified of the updated policy, as faculty and staff were. As of Oct. 24, no official communication has been sent out to students about the changes.
Pujols was disappointed in the lack of communication from the university.
“I think that what surprised me the most was that I found out through students,” Pujols said. “I think [Montclair State] knows that it would cause controversy and avoided sending out a notice or an email.”
Fernandez said that an email had been sent out to students on Oct. 18, but an error prevented students from receiving the message.
“We plan to communicate to students soon about this policy, and will be adjusting certain sections of the policy to ensure proper clarity based on feedback from the community,” Fernandez said.
