New policy gives Cornell head start on New Year’s gains

Cornell got a jump on its New Year’s resolutions this winter, unveiling an updated version of its proposed Expressive Activity Policy just before the holiday season. On Dec. 18, the Cornell Committee on Expressive Activity released a much-improved revision of the proposed policy. This comes after FIRE and nearly 500 other organizations and individuals weighed in on an earlier draft from Oct. 30. The final say belongs to university leadership, but this update marks a significant step in the right direction. 

One of the most notable changes from the Oct. 30 version is that the policy no longer requires students to schedule expressive activities through the 25Live reservation system. The October draft also limited spontaneous protests to Ho Plaza — a tiny patch of campus measuring merely one acre out of the sprawling 745-acre Ithaca campus. We criticized this provision as well as the scheduling requirement, and thankfully, the new proposal contains neither. 

That’s not the only laudable change. The new policy also preserves the right to put up flyers, posters, and other expressive materials without having to identify oneself on the material. That is a critical win for students who may only feel comfortable expressing their views anonymously. 

Cornell deserves praise for demonstrating its willingness to engage critics, make changes, and to honor the principle of free expression as enshrined in our Constitution. 

Nor is outreach to the university required to put up material in designated posting areas. While the initial March 11 interim policy stated that approval was not required to post in designated areas, it instructed community members to “[c]ontact the applicable building coordinator or campus facilities director to find out the locations of” said areas. This effectively created a prior restraint that required students, faculty, and staff to reach out to administrators before expressing themselves. In contrast, the latest proposed policy puts the onus on personnel to “communicat[e] transparently” on where they place posting areas. 

The committee rejected suggestions from several commenters to require pre-approval or notification before posting, choosing instead to uphold the principle of free speech and honor the school’s own noble legacy of political activism and public debate.

Cornell University

Ithaca, NY

School Ranking

215 of 251

Due Process

Sexual misconduct: B

Non-sexual misconduct: A

Title IX: B

Speech Code

Yellow

Free Speech Climate

Overall score: 36

More Info

Unfortunately, the new proposal is not without its flaws. It maintains a broad definition of hostile environment harassment, reflecting and even exceeding the overbroad definition set forth by the controversial Title IX regulations enacted in 2024. These federal rules require colleges to adopt a standard for harassment that includes protected speech, and as a result of deep-seated constitutional concerns, courts have blocked their implementation in 26 states. Any further federal changes to Title IX regulations would necessitate another round of changes at Cornell.

Despite this, Cornell deserves praise for demonstrating its willingness to engage critics, make changes, and to honor the principle of free expression as enshrined in our Constitution. 

FIRE will continue to call for the reform of Title IX regulations and for universities to adopt a definition of hostile environment harassment that better reflects First Amendment principles. We’ve been writing to the Cornell Committee on Expressive Activity every step of the way during the revision process, and we will continue to nudge Cornell toward making further progress. But for now, good on Big Red for locking in some solid gains before the new year even started. 

If you have questions about your school’s new or existing policies, reach out to FIRE’s Policy Reform team at speechcodes@thefire.org, and we’ll make sure you get answers. And if your school adopted policies you’re concerned about, we’re here to help you push back. You can also check out our FAQ on protests and our political speech FAQ if you’re interested in activism this spring.