Free speech has always been one of the most contentious issues on college campuses. On the one hand, schools like the University of Hawaii at Manoa have an obligation to protect students’ First Amendment rights. Learning cannot occur without the right to free expression. And as a public university, UHM is also legally required to uphold the First Amendment.

Yet, schools are also responsible for protecting everyone on campus from harm. Ordinarily, this wouldn’t create a conflict. After all, the First Amendment doesn’t sanction physical violence. UHM sometimes defines “harm” too broadly, though, and when it does, it winds up censoring students in the name of “protection.”

If you’ve been charged with some sort of disciplinary misconduct over something you’ve said or some opinion you’ve expressed, it’s important you know that you have rights. The LLF National Law Firm’s Student Defense Team was founded to protect those rights. We understand what you’re up against, we’re clear on just what’s at stake, and we’re on your side no matter what your particular situation.

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.

How UHM Defines Free Speech

To its credit, UHM has implemented a Free Expression Policy, and that policy at least pays lip service to the idea that the university honors the First Amendment. As that policy states, UHM is “committed to the free and open exchange of ideas.” Of course, in the same paragraph, this policy also notes that such expression should “be conducted at such times and places and in such a manner to assure the orderly conduct and least interference with the University responsibilities.” In other words, we protect free speech…to a point.

However, the university has refused to sign on to the Chicago Statement, the model free speech policy endorsed by most First Amendment rights groups. And it has had some issues in the past in following its own policy. In 2025, a university law professor was censored for using two other professors in a hypothetical class example, despite the fact that his example was fully protected by the First Amendment.

Here’s the bottom line: when a school refuses to take a firm stand in favor of free speech, it sends the message to everyone on campus that it’s OK to accuse others of offenses any time they say anything that offends you. And administrators certainly get the message that it’s perfectly reasonable to prosecute such cases, even when doing so clearly serves as a form of censorship.

In this kind of atmosphere, you cannot afford to take any allegation lightly. The moment you’re charged—the moment you think I charge might be coming—it’s crucial you contact the LLF National Law Firm. We can begin building your defense immediately and ensure that UHM treats you fairly right from the start.

The UHM Code of Conduct

Of course, no one can punish you for “speaking out” or even “saying something offensive.” There are no rules against being offensive or even courting controversy. However, the Student Code of Conduct contains several regulations that can be easily bent to push students for what they say.

  • Threatening Behavior: Again, the First Amendment doesn’t give anyone the right to practice physical violence against others. And UHM does have to take genuine threats seriously. Whether or not a given speech act represents a “threat” can sometimes be in the eye of the beholder, though.
  • Harassment: UHM also has an obligation to limit harassment on campus, especially when it concerns certain legally protected characteristics like race, sex, and religion. Anti-harassment efforts are not an excuse to punish students for what they say, though. The Supreme Court has ruled that even “hate speech” is protected.
  • Disruption: Finally, this general offense is frequently used to silence students and faculty when they say something “offensive.” Again, there are legitimate reasons for barring genuine disruption of class or campus activities. At the same time, it’s also true that any “passionate” discussion has the potential to create disruption. That shouldn’t make it an offense.

Here’s the thing: the LLF National Law Firm has experience handling every conceivable type of university charge. That means no matter what UHM decides to throw at you, we can handle it.

Disciplinary Procedures

Remember: UHM can’t simply accuse you of an offense and impose a sanction. That’s not how justice works, and even though this is college and not the criminal justice system, you’re still entitled to justice.

Here’s what you can expect from the university’s disciplinary process.

  • The UHM Student Conduct Administrator handles all allegations of disciplinary misconduct. This official’s first decision must be whether or not a given allegation is actually credible enough to warrant formal charges. Otherwise, an allegation goes nowhere.
  • If you’ve been charged, you’ll receive formal notification of those charges. Notice must include a complete list of your due process rights as well as an explanation of the supposed “offense.”
  • UHM must presume you are innocent. Only evidence can overcome this presumption. That means the Conduct Administrator must conduct some type of investigation. As part of this investigation, you are entitled to give your side of the story. You should also be aware that you have a right to examine any evidence uncovered as part of the investigation.
  • At the conclusion of the investigation, the Conduct Administrator has the authority to decide whether you are “responsible” (guilty) or “not responsible” (innocent). However, they must make this decision based on the “preponderance of the evidence.” In other words, they must believe you are “more likely than not” to have committed the offense before they can find you responsible for that offense.
  • Finally, you also have the right to file an appeal of the hearing outcome if you can demonstrate you were treated unfairly by the process. Typically, grounds for appeal include procedural errors, the discovery of new evidence, or a disproportionate sanction.

The LLF National Law Firm can help you navigate all aspects of this process, from gathering evidence to meeting with the Conduct Administrator. At the same time, we’ll keep an eye on how the university treats you and ensure you get the justice you deserve in your case.

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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