Current through Bulletin 2024-06, March 15, 2024
(1) Free Speech and Assembly Promoted and
Encouraged. Free speech and freedom of assembly, as protected by the
constitutions of Utah and United States, is promoted, and encouraged at state
facilities and grounds. Free speech activities, as specifically defined in this
rule, are subject to lawful time, place, and manner rules regarding free speech
activities necessary to protect the public health, safety, and welfare,
including safety and security considerations, the rights of others to exercise
free speech and freedom of assembly, and minimizing the disruption to
governmental business.
(2) Subject
to Facility Use Rules, Exception. Free speech activities shall be subject to
Section R23-19-1 et seq., except that,
in the case of conflict, Rule R23-20 shall control.
(3) Time.
(a) Free speech activities held outdoors may
take place 24 hours a day subject to duration requirements specified in this
rule.
(b) Free speech activities
held indoors may take place during the hours such public areas are open to the
public, generally between 8 a.m. to 5 p.m.
(4) Place.
(a) Health, safety, and welfare restricted
areas that may not be reserved for a free speech activity are the vehicular
traveled portions of roads, roadways or parking lots, areas directly in front
of or adjacent to parking garages' entrances or exits, paths of egress or
access to emergency stairs and emergency egress hallways, areas under
construction which are hazardous to non-construction workers, and those
specific portions of the state facilities and grounds that contain storage,
utilities, and technology servicing the state facilities and grounds or other
areas, which either must be available for prompt repair, are not open for
public use or represent a danger to members of the public.
(b) To protect the public health, safety, and
welfare and allow for public accessibility to and the conduct of state
business, a demonstration, rally, parade, march, or vigil may only be conducted
on the public areas of the grounds and not inside the facilities.
(c) Notwithstanding any other provision of
this rule, there is no registration requirement for free speech leafleting. To
protect the public, health, safety, and welfare and allow for public
accessibility to and the conduct of state business, free speech activity
leafleting, as defined in this rule, is allowed at state facilities and grounds
in public areas, without interference from state security, provided that it is
done in a non-aggressive manner and does not prevent other individuals from
passing along sidewalks and through doorways. The state is allowed to enforce
all applicable statutes and ordinances regarding blocking public sidewalks,
blocking hallways, disorderly conduct, blocking entrances to public buildings,
garage entries, assault, battery and the like consistent with the requirements
of the constitutions of Utah and the United States. Leafleting is not allowed
by placing leaflets on vehicles on state facilities and grounds.
(5) Manner.
(a) Registration and Scheduling.
(i) All free speech activities shall comply
with the following requirements, except that leafleting shall not be subject to
any registration requirements.
(ii)
An advanced planned free speech activity shall register as soon as reasonably
possible, but not less than seven days in advance of the free speech activity
by registering with the managing agency.
(iii) Persons registering will provide the
following information: the name of the sponsoring organization; the name and
contact information of a contact person or agent; the type of free speech
activity; the date, time, and duration of the free speech activity; the public
area requested for use; the number of anticipated participants; and a list of
equipment and services to be used in connection with the free speech activity.
Registration shall be on a standard form prepared by the managing
agency.
(iv) If a person or group
fails to register due to a short-notice free speech activity, they may still
conduct the free speech activity provided it does not create a problem of
public safety or interfere with the time and location of a previously scheduled
free speech activity in the same public area and meets all the other
requirements of this rule. In the case of such problem of public safety or
interference, the managing agency will coordinate with the applicant in
reasonable efforts to find an alternative reasonable time or
location.
(b) Priority.
(i) The scheduling assignment of public areas
shall be made on a first come, first-serve basis.
(ii) In the case of scheduling conflicts,
priority in the use of the public areas shall be given to government business
or state sponsored activities where the authorized governmental official is
reserving the public area for an expressed governmental or state need. Free
speech activities shall be given priority over community service, commercial,
and private activities. In the case of such problem of public safety or
interference, the managing agency will coordinate with the applicant in
reasonable efforts to find an alternative reasonable time or
location.
(iii) No group or
individual will be denied access to or use of a public area unless the proposed
free speech activity violates this rule, applicable law, conflicts with a
scheduled state sponsored activity, or conflicts with the time and location of
a previously scheduled free speech activity.
(c) Consistent with the protections of the
Utah and United States constitutions to preserve the free speech rights of
others, outbursts or similar actions which disrupts or is likely to disrupt any
government meeting or proceeding, are prohibited.