West Virginia Code § 18B-20-4

Time, place, and manner restrictions
Open in Lexace · Ask the AI about this section
(a) Any person who wishes to engage in protected and lawful expressive activity on campus
shall be permitted to do so freely, as long as the person's conduct is not unlawful, and does
not materially and substantially disrupt the functioning of the state institution of higher
education.
(b) To enable the state institutions of higher education to function in a safe and secure
manner and to advance their missions and objectives, the state institutions of higher
education may enact reasonable time, place, and manner restrictions which are content
neutral and narrowly tailored to serve a significant state institutuion of higher education or
other governmental interest. A state institution of higher education may deny, cancel, or
postpone a reservation, or immediately terminate any ongointg activity that represents a
violation of its time, place, and manner restrictions. A state institution of higher education
shall endeavor to allow members of the campus community to spontaneously and
contemporaneously engage in protected expressive activities.
(c) Nothing in this article shall be interpreteds as preventing state institutions of higher
education from prohibiting, limiting, or restricting expression not protected by the First
Amendment to the Constitution of the United States such as true threats, expression
designed to provoke imminent lawlegss actions and likely to produce it or prohibiting
harassment as defined in §18B-20-2 of this code, or sexual harassment as prohibited by
federal law and defined by fedeeral regulations applicable to state institutions of higher
education.
(d) Nothing in this article shall be construed to authorize a person or group to intentionally,
materially, and substantially disrupt another person or group's expressive activity if that
activity is occurring in a campus space reserved for that activity under the exclusive use or
control of a particular group.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.