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Step 2: Are there 'reasonably practicable' steps you can take that would permit the speech?


What are 'reasonably practicable' steps?

Whether steps that permit free speech are 'reasonably practicable' might mean considering different factors:

  • The law. Providers should take into account the law or any regulations.
  • Essential functions. Steps that permit speech should not interfere with the essential functions of a provider, such as learning, teaching, research or its administration.
  • Content, time, manner and place. Such steps would permit the content of speech or certain viewpoints. But in some cases it might be reasonably practicable to restrict the time, manner and place for expressing the speech.
  • Physical safety. They should also not lead to concerns about the physical safety of individuals.

Other factors are not relevant. For example:

  • the impact on a provider's reputation
  • whether the speech aligns with a provider's values
  • whether the speech is controversial
  • whether anyone external approves of the viewpoint expressed.

 

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