We all think we’re right. Fair enough. You can’t change human nature. But you can legislate against it, create laws to minimize its negative impacts. That’s exactly what the Founding Fathers had in mind when they drafted the Bill of Rights and particularly the First Amendment. It’s fine to think you’re right. It’s not fine to punish others for disagreeing.

It’s even worse if an institution, like a college or university, decides to punish you for disagreeing. Schools should know better. If James Madison University has charged you with a misconduct offense over something you’ve said or some opinion you’ve expressed, the LLF National Law Firm is committed to protecting you. Our Student Defense Team has worked with hundreds of students, and we know exactly how universities operate. We won’t let anyone deny you your fundamental rights, and you can trust us to use every resource at our disposal to get you the best possible resolution to your case.

To find out more about what we can do in your case, call 888-535-3686 today, or take a few minutes right now and fill out one of our online forms.

Defining Free Speech at JMU

Defining free speech and particularly the limits of free speech can be a tricky proposition, especially for a university. Schools have an obligation to protect everyone on campus, and they can sometimes take that responsibility too far.

JMU does maintain a clear free speech policy, though. That policy starts by explaining just how important free and open discourse is to the project of education. It follows that by pointing to the Constitution and the First Amendment, and just how crucial they are to our country

Sometimes, a restrictive campus atmosphere doesn’t originate with the university, but rather with the students. Over the years, the student body at JMU has developed a reputation for assuming that harsh words constitute a misconduct offense. In 2023, for instance, the Student Government Association enacted a policy requiring all candidates for the SGA to get Association approval before posting any campaign materials. In 2025, a student filed a formal complaint against a professor for utilizing colorful language in talking about human psychology.

Ideally, JMU wouldn’t allow such complaints to move forward. For a variety of reasons, though, you can’t be certain that university officials will be able to sort out who’s right and who’s wrong in these situations. After all, as even the Supreme Court has recognized, free speech can be a complex issue, and institutional bureaucracies are prone to misunderstanding situations.

Don’t risk a serious sanction because JMU isn’t clear on exactly what the First Amendment is supposed to protect. At the first sign of trouble, make sure you have the LLF National Law Firm in your corner. We’ll begin building your defense as soon as you contact us, and we’ll ensure you’re treated fairly from the very start of your case.

The Dangers of the Code of Conduct

Every school needs a Code of Conduct. These are the rules and regulations that protect everyone on campus and ensure the orderly operation of the university. When rules are written too broadly, though, they can put free speech in jeopardy. JMU’s Code contains a number of regulations that, when misinterpreted, can be used to punish “unpopular” or “offensive” speech.

  • Threats: Nothing in the First Amendment protects persons who enact physical violence on others. JMU’s prohibition on assault doesn’t restrict anyone’s right to free speech. Things get complicated, though, when the issue is “threats.” Certainly, the university must respond to “genuine” threats. Students and even officials can sometimes be too quick to label “aggressive” or “passionate” speech as “threatening.”
  • Harassment: The university also has an obligation to limit harassment. In fact, federal law protects individuals from both discrimination and harassment based on characteristics like race, sex, and religion. However, such laws are not an excuse to restrict anyone’s right to express themselves, even if their viewpoints are “controversial” or “hateful.” Students and administrators who ignore this fact violate First Amendment rights in the name of “protecting” others.
  • Disruption: Finally, the university maintains a number of rules that have to do with “disorder” or “disruption.” JMU does have the right to ensure orderly operations. However, it’s easy enough to decide that a strongly expressed opinion has created a “disruption.” That in itself cannot be a reason for prohibiting it.

Your accuser may try to bend the nature of a rule to convince the university you’ve committed a genuine offense. And the university may even go along with it. But the LLF National Law Firm has dealt with situations like this before. In fact, we’ve handled every conceivable type of allegation, and we know how to remind universities that saying something objectionable is never grounds for a misconduct charge.

Disciplinary Procedures

So what do you do if you wind up accused? First, don’t panic. JMU maintains a system of due process designed to ensure you have a fair chance to defend yourself.

Here’s what you can expect.

  • Anyone can lodge a complaint against you. Only the Office of Student Accountability and Restorative Practices (OSARP) has the authority to issue a formal charge, though. This means there is time to intervene in the early stages of a case and help the OSARP understand your First Amendment rights.
  • You are entitled to official notice of any charges you are facing. Notice should describe the nature of the complaint and include a list of all your due process rights.
  • You are “innocent until proven guilty,” or “not responsible until proven responsible.” That means the university must conduct an investigation. It needs evidence to substantiate any charges. As part of this process, you have the right to give your side of the story. In addition, investigators must keep you informed about all the evidence they uncover, and you are free to use this evidence as part of your defense.
  • You are entitled to present your defense at an Individual Accountability Case Review. As part of this review, you have the right to present physical evidence and witness testimony. In addition, you are entitled to raise questions about any evidence being used against you.
  • The standard of responsibility (guilt) at JMU is “preponderance of the evidence.” According to this standard, decision-makers must believe it is “more likely than not” that you committed an offense before finding you responsible for that offense.
  • You also have the right to appeal the hearing outcome. You’ll need grounds, such as a procedural error on the part of the university, but universities make plenty of mistakes when it comes to their judicial procedures.

Knowing what to expect isn’t the same as being prepared to face it. The moment you’re charged, make sure you have the LLF National Law Firm on your side. We’ll make sure you’re treated fairly and that you are ready for every single process and procedure.

Trust the LLF National Law Firm

If you’ve been accused of some type of disciplinary misconduct over something you’ve said, you don’t want to try to handle the situation on your own. Your educational and professional futures are at stake.

The LLF National Law Firm’s Student Defense Team is committed to your future and to ensuring you get justice. We are skilled negotiators, but make no mistake: we’re ready to fight for you any time you need us.

To find out more about how we can help, contact the LLF National Law Firm today at 888-535-3686. Or, fill out our online questionnaire.

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