Frequently Asked Questions

Have members of the KKK indicated that they are coming to pass out fliers on campus?
Does the university have to allow the KKK on campus?
Can the university prevent members of the KKK from holding an event, such as a rally or march, on campus?
Can the university prevent members of the KKK from passing out fliers on campus? If not, why not?
Can the university change its practice of allowing outside groups to pass out fliers?
Doesn't the USA Patriot Act support the university's ability to ban a terrorist organization from its campus?
Can the university prevent members of the KKK from coming to campus because of its history as a terrorist organization?
Can the university prevent members of the KKK or another hate group from coming to campus because their very presence makes people feel threatened and harassed?
Can the university prevent members of the KKK or another hate group from coming to campus because their presence could lead to disruption?
Can the university prevent members of the KKK or another hate group from coming to campus because of the message they bring?
Does the university's racial harassment policy allow us to ban hate groups?
How does the university respond to racial incidents?
If we can't prevent the KKK from passing out fliers, can we restrict them? What ground rules would we set? Can we move the free speech area?
What would happen if we did ban representatives of the Klan under any circumstances and the courts ruled against us?
But isn't it more important for the university to take a stand against hate, protect the safety of the campus and ban the Klan, risking the lawsuit? Isn't the university hiding behind the law?
What happens if the KKK comes and breaks the ground rules?
How and when will the university make students aware that representatives of the Klan are coming? What should students do if they are offered information by the Klan?
How will we protect students?
What steps can students and others take to make themselves feel safer?
What is the best mechanism for students, faculty and staff to use to report hate/bias incidents?

1. Have members of the KKK indicated that they are coming to pass out fliers on campus?: Two individuals who say they are associated with the KKK have indicated that they plan to come to campus to pass out fliers.

Return to top
2. Does the university have to allow groups like the KKK on campus?: It depends upon the circumstances. As individuals, people can walk across the university, come to public events, visit the library, etc. We do not have gates or walls around our campus. The university must apply all of the same rules and practices it does with these individuals as it does with everyone else, and the university has long allowed external individuals to walk on campus. We also have allowed people on campus to pass out literature in certain places. Therefore, the university has advised these individuals of the rules and practices for which they will be held accountable.

Return to top
3. Can the university prevent members of groups like the KKK from holding an event, such as a rally or march, on campus?: Yes, depending upon the specifics of the situation. U of L does not allow outside groups to hold formal events on campus unless they are sponsored by a campus office or registered student organization. Should someone sponsor such a group, we can limit an event based on a number of factors, including the size of the group and timing.

Return to top
4. Can the university prevent members of groups like the KKK from passing out fliers on campus? If not, why not?: The university cannot prevent members of groups like the KKK from passing out fliers on campus, although we can limit the time, place and manner in which they do so. This is because we are a public institution that has a long practice of allowing outside groups to pass out literature in designated locations on campus, much like many other institutions across the country. The First Amendment of the U.S. Constitution, which provides for freedom of speech, has been tested many times in the courts. These findings indicate that organizations cannot selectively allow some people to express protected speech freely while holding others to different standards. Because we have consistently provided a public forum, we cannot limit that forum because we do not like what a speaker says, and we cannot change the rules specifically to address the content of speech.

Return to top
5. Can the university change its practice of allowing outside groups to pass out fliers?: The president appointed a committee of faculty, staff, students and community members to review the university’s practices regarding outside groups. Noting that a ban would have to be applied to all outside groups, the committee recommended that the university not institute such a policy. Instead, they recommended a procedure that requires pre-registration. The revised procedure is available at http://campuslife.louisville.edu/cloffice/speech.

Return to top
6. Doesn’t the USA Patriot Act support the university’s ability to ban a terrorist organization from its campus?: The USA Patriot Act expands the federal government’s ability to investigate suspected terrorism and also expands the definition of crimes connected with terrorism. It gives the federal government, rather than the university, authority to take steps to investigate and respond to terrorism.

Return to top
7. Can the university prevent members of the KKK from coming to campus because of its history as a terrorist organization?: No. The courts have recognized the Klan’s history in other cases. The Seventh Circuit in 2003 even suggested that the name of the Klan and its paraphernalia might someday be recognized as “fighting words” unprotected by the First Amendment but concluded that, at this time, it has not reached that level.

Return to top
8. Can the university prevent members of the KKK or another hate group from coming to campus because their very presence makes people feel threatened and harassed?: Again, the courts have ruled consistently against such an argument. A 2003 Supreme Court decision even declared that cross burning, unless done specifically to intimidate an individual, is protected expression. While some people feel invoking the name of the Klan might seem sufficient to invoke a breach of the peace or express the intent to harm, the Supreme Court does not agree.

Return to top
9. Can the university prevent members of the KKK or another hate group from coming to campus because their presence could lead to disruption?: First Amendment practice distinguishes true fighting words from the “hostile audience.” The courts say you can’t deny free expression on the grounds that the audience will become angry or react inappropriately.

Return to top
10. Can the university prevent members of the KKK or another hate group from coming to campus because of the message they bring?: The free distribution of leaflets is considered among the activities most strongly protected by the First Amendment. Despite the message, the Supreme Court considers leafleting to be almost entirely innocuous behavior.

Return to top
11. Does the university’s racial harassment policy allow us to ban hate groups?: The racial harassment policy applies to actions directed specifically at an individual rather than general statements made about a group of individuals.

Return to top
12. How does the university respond to racial incidents?: In addition to notifying law enforcement, the university takes steps to ensure the campus community is aware of the activity. The university notifies the campus community through the Update Web site, www.louisville.edu/update. The university also has established a Rapid Response Team, which includes representatives of public safety, student affairs, the provost’s office, the vice provost for diversity and equal opportunity and others, based on the nature of the incident. That team surveys the situation and takes action based on the type and severity of event.

Return to top
13. If we can’t prevent groups like the KKK from passing out fliers, can we restrict them? What ground rules would we set? Can we move the free speech area?: The university may limit any group that is passing out materials to a designated “free speech area.” At U of L, that area has traditionally been the grassy lot bordered by Harold Adams Way and the sidewalk next to the Red Barn. The university also has designated a second area, the sidewalk north of Grawemeyer Hall near the Oval, as a “free speech” area. The university can move the area based upon crowd control or public safety concerns. However, the content of the speech may not be used as criteria for moving the event.

Return to top
14. What would happen if we did ban representatives of groups like the Klan under any circumstances and the courts ruled against us?: The university could face an immediate federal injunction requiring us to allow them on campus anyway. It also would face lawsuits for violating the Klan members’ civil rights and lack of due process and accompanying monetary damages. In addition, the university would face the risk of inciting other organizations, ranging from violent groups to the ACLU, to join the fight on and off our campus.

Return to top
15. But isn’t it more important for the university to take a stand against hate, protect the safety of the campus and ban the Klan, risking the lawsuit? Isn’t the university hiding behind the law?: It’s very important for the university to take a strong stand against hate and to take every possible step to provide a secure campus, and there are many ways it can do this without violating the U.S. Constitution. In fact, U of L trustees take an oath of office swearing that they will support the Constitution of the United States . The courts have repeatedly safeguarded expressions of speech, even speech that is offensive to those who hear or witness it. The 2003 decision of the U.S. Supreme Court in the Virginia cross-burning case, in which the court said cross burning was protected by free speech unless it is done with the intent to intimidate an individual, is proof of this.

But even beyond the legal ramifications, universities are places that must allow the exchange of ideas, even unpopular ideas that don’t represent their mission. The University of Louisville stands for diversity and tolerance. In fact, U of L’s Red Book says, “Membership in the academic community imposes on students, faculty, staff, administrators, and trustees of the University an obligation to adhere to standards of academic honesty, to respect the dignity of others, to acknowledge their right to express differing opinions, and to foster and defend intellectual honesty, freedom of inquiry and instruction, and free expression both on and off the campus.” (Sec. 2.5.1)

Return to top
16. What happens if a group like the KKK comes and breaks the ground rules?: Groups that disregard the ground rules will be asked to leave. If they do not comply, they will be escorted off campus. If they still refuse to leave, they can be issued citations or arrested.

Return to top
17. How and when will the university make students aware that representatives of the Klan are coming? What should students do if they are offered information by the Klan?: The university will announce the visit in advance through a variety of mechanisms and will distribute information near the site to alert pedestrians of their option to take an alternative route. Students and others on campus can respond in a variety of ways, including voicing their opinions, ignoring the group, refusing or accepting the literature or avoiding the area. If the Klan does come to hand out literature, the university will offer an alternative activity, such as a unity rally, teach-in or other educational experience.

Return to top
18. How will we protect students?: The university already has taken several steps related to campus safety. In response to concerns raised about the presence of the Klan on campus, the Department of Public Safety has increased the number of officers on patrol, particularly in the evening; alerted its officers and staff to watch for unusual activity and fliers; promoted its 24/7 escort service; established a dedicated phone line to report acts of bias, hate and intolerance; and assigned a civil rights officer, who will take the lead in coordinating DPS response to incidents of bias, hate and intolerance.

Return to top
19. What steps can students and others take to make themselves feel safer?: There are a variety of steps students can take to ensure their safety. First, students who are concerned about walking across campus at night should call the escort service at 852-6111. If you choose not to use the service, walk in groups and in well-lit areas. Report any suspicious activity to DPS at 852-6111. And if you feel you’ve witnessed an incident of bias, intolerance or hate, call 852-6726.

Return to top
20. What is the best mechanism for students, faculty and staff to use to report hate/bias incidents?: The university has set up a designated phone line for reporting such incidents. The number is 852-6726.

Return to top