Freedom of speech is guaranteed under both the U.S. and California Constitutions. The University of California, as a public university, generally may not regulate speech or other forms of expression. As a public university, it must remain neutral in terms of any restrictions placed on speech in public forums, both in terms of the content and viewpoint. This does not mean that the University itself cannot express its own viewpoint, including condemning speech by others that it finds inconsistent with the University's mission and stated values.
Speech generally is fully protected unless it is accompanied by, or incites, illegal activity. This includes the expression of unpopular or controversial viewpoints and speech that is viewed as hateful or offensive. Speech used to threaten physical harm, however, is a good example of speech that may be regulated.
The federal courts have generally found "speech codes" or policies regulating "hate speech" too vague or overbroad to withstand constitutional scrutiny.
The University of California also has policies and procedures that are designed to protect freedom of speech, while ensuring that the conduct of its campus constituents (including students, faculty and staff) as well as "non-affiliates" (including outside speakers and members of the public) does not disrupt the normal business of the University. While the University cannot regulate the content of protected speech, it can regulate the time, place and manner of activities on campus, including the exercise of First Amendment rights, to ensure that the right to free speech is not exercised in a manner that infringes on the ability of the University to pursue its educational and research mission.
The University of California Policy on Speech and Advocacy guarantees students the constitutionally protected rights of free expression, speech, assembly and worship. Constitutionally protected speech alone is not subject to discipline under the Student Code of Conduct. Nevertheless, some forms of speech are not constitutionally protected and may be grounds for discipline. Examples include threats of violence, incitement to imminent lawless action, raising false alarms regarding imminent personal danger, and certain severe or pervasive harassment.
The University may impose reasonable limits on the time, place and manner of speech activities. These rules are implemented on a "content neutral" basis; that is, they apply to all speech and expressive activity regardless of the speaker of viewpoint expressed. Campus time, place and manner regulations are included in the campus Expressive Activities policy, the Student Handbook and posted online.
Conduct that violates University rules, such as destruction or theft of property, endangering the safety of others, assault, or interfering with campus operations, even if it occurs in connection with speech activities or is motivated by expressive concerns, is not protected and may be subject to discipline.
The University also has the right to impose restrictions on or discipline employee speech, both in the workplace and on matters of public concern to the extent that the speech substantially disrupts the University's business operations.
Our free speech rights are embodied in several fundamental legal documents and the caselaw arising thereunder over the past two centuries. To fully understand your rights and the limitations on the University's ability to restrict speech, it is important to familiarize yourself with the law.
Key Constitutional and Statutory Provisions
The University of California must comply with both the U.S. and California Constitutions, as well as the California Education Code, including the following specific provisions:
"Congress shall make no law...abridging the freedom of speech..."
First Amendment to the U.S. Constitution
"No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States."
Fourteenth Amendment to the U.S. Constitution (making the First Amendment applicable to state and local governments, including the University of California.)
"Every person may freely speak, write and publish...sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press."
Article I, Section 2(a) of the California Constitution
"...The Regents of the University of California...shall [not] make or enforce any rule subjecting any student to disciplinary sanction solely on the basis of conduct that is speech or other communication that, when engaged in outside a campus ... is protected from governmental restriction" by the U.S. or California Constitutions.
Section 66301 of the California Education Code
