Fundamental Principles

Freedom of expression at MIT ensures minimal institutional constraints on communication, which is vital for a diverse community to push the boundaries of human knowledge, exercise deliberative capacities, and participate in decision-making.

Freedom of expression is also fundamental to creating a sense of community. A guiding sense that individuals can—and should—express points of view that are based on their unique experiences and insights empowers people to discover what they have in common and where their interests or opinions may diverge.

However, freedom of expression should also align with MIT’s stated values: openness and respect, belonging and community. At the intersection of the closely held ideal of free expression and other values that MIT espouses lies the expectation of a welcoming learning environment and workplace.

The First Amendment of the U.S. Constitution protects freedom of expression from government interference or censorship, including speech that may be unpopular, offensive, or morally abhorrent. However, certain forms of speech, such as harassment, defamation, fraud, and incitement of violence, are not protected by the First Amendment.

As a private university, MIT is not legally required to uphold First Amendment protections in the same way as public universities. Nonetheless, MIT strongly adheres to the principles of freedom of expression and champions academic freedom.

To balance the intellectual and educational value of free expression with the value of a welcoming learning and working environment, MIT has the right to establish internal policies and guidelines that align with its mission and values—even when they have the effect of limiting some forms of expression. These include policies that prohibit harassing and discriminatory conduct (which includes speech) on campus. MIT community members should consider both the law and MIT policies to understand the parameters of acceptable conduct on campus.

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U.S. laws

  • First Amendment of the U.S. Constitution: Prohibits the federal government from making laws that infringe on the freedom of speech, religion, press, assembly, and petition.
  • 14th Amendment of the U.S. Constitution: Extends the protections of the First Amendment to state and local governments by prohibiting the states from depriving any person of life, liberty, or property, without due process of law.
  • Title VI of the Civil Rights Act of 1964: Prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance, including discrimination based on shared ancestry or ethnic characteristics, or citizenship or residency in a country with a dominant religion or distinct religious identity.
  • Title VII of the Civil Rights Act of 1964: Prohibits employment discrimination based on race, color, religion, sex, or national origin, which can include protections against discriminatory speech in the workplace.
  • Title IX of the Education Amendments of 1972: Prohibits sex discrimination in education programs and activities receiving federal financial assistance, including harassment and discriminatory speech.
  • Americans with Disabilities Act (ADA): Prohibits discrimination based on disability, including harassment and discriminatory speech against individuals with disabilities.

Massachusetts state laws

  • Massachusetts Civil Rights Act (MCRA): Protects individuals from threats, intimidation, or coercion that interfere with their civil rights, including freedom of expression.
  • Massachusetts Anti-Bullying Law: Addresses bullying and cyberbullying in schools and on campuses, including speech that constitutes bullying.
  • Massachusetts Hate Crimes Law: Addresses crimes motivated by bias against a person’s race, religion, ethnicity, disability, sexual orientation, or gender identity, which includes speech that can incite or constitute hate crimes.
  • Massachusetts General Laws Chapter 151B: Prohibits discrimination in employment, housing, and education based on various protected categories, which includes protection against discriminatory speech.
  • Massachusetts Campus Sexual Violence Law: Requires colleges and universities to adopt policies and procedures relating to sexual violence on campus, including sexual harassment.

MIT policies

MIT policy defines harassment as “unwelcome conduct of a verbal, nonverbal or physical nature that is sufficiently severe or pervasive to create a work or academic environment that a reasonable person would consider intimidating, hostile or abusive and that adversely affects an individual’s educational, work, or living environment.”

While MIT’s harassment policy is not limited to harassment based on the protected categories listed in its nondiscrimination policy, harassment that is based on an individual’s race, color, sex, sexual orientation, gender identity, pregnancy, religion, disability, age, genetic information, veteran status, or national or ethnic origin is not only a violation of MIT policy but may also violate federal and state law.

Depending on the frequency, severity, and context, examples of harassment may include but are not limited to: unwelcome sexual advances, the use of certain racial epithets, or the deliberate desecration of religious articles. All MIT community members are encouraged to report any concern about harassment through the Institute Discrimination and Harassment Response Office (IDHR).

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Just because speech is protected does not mean that it is ethical, consistent with our values as an inclusive and supportive community, or that the Institute has no other recourse in addressing offensive speech. While we must protect our right to freedom of expression, we should also exercise those rights in accordance with a culture of mutual respect, civility, and compassion. Practicing free speech on campus involves not only defending what is legally permissible to say, but also learning to communicate with human dignity at the center, rather than shaming or intimidation.

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We believe that, in essence, diversity and inclusion are complementary to free expression. A truly diverse and inclusive community—one that values expression, opportunity, and learning for all—cannot thrive if only certain perspectives are heard while others are silenced, whether due to exclusion based on identity or viewpoint. Inclusivity toward all perspectives is a crucial component of innovation and a culture that upholds freedom of expression, and universal freedom of expression, in turn, fosters inclusive environments.

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The right to free speech does not mean that you have the right to say anything at any time or in any place. U.S. courts have upheld the ability for “time, place, and manner” restrictions to constrain free expression, as long as these restrictions are viewpoint-neutral. This means the same restrictions apply regardless of what is said in the speech or who says it. Examples of MIT time/place/manner restrictions that apply to community members include not conducting protests or demonstrations on campus that disrupt Institute operations, restricting the use of certain spaces or requiring advance reservations and registration, and imposing limits on noise levels.

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While MIT strongly endorses principles of freedom of expression, it is important to remember that practicing your right to free speech does not mean you will be free of the consequences of doing so. Expressing content that creates friction and division will inevitably invite feedback from people who may take offense or disagree. This conflict is a natural consequence of living in a diverse society. MIT may not be able to shield MIT community members from the political and social consequences of practicing their right to free speech. In addition, just because MIT may not be able to discipline community members for engaging in offensive speech, it still may take other non-disciplinary action to promote an education or work environment that is free of harassment and discrimination.

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