Free speech protections give us power by allowing us to express ourselves about all matters of importance. It is important to note that freedom of speech does not allow us to silence those with whom we disagree.

The California Constitution provides, “Every person may freely speak, write or 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.” California Constitution, Article I, Section 2(a).

So, what can you do with your free speech rights? This section covers various topics, including expressing disagreement, protesting, symbolic structures, restrictions, harassment, and social media.

Expressing Disagreements and Scenarios

Explore some ways you can use your free speech rights to express disagreement at Stanislaus State and see some scenarios designed to help you understand freedom of expression and what you should do when encountering offensive speech.

Express Disagreement Before, After, and During an Event

Write guest editorials or send letters to The Signal, your Associated Students Incorporated representatives, political representatives, groups, individuals, administrators, or responsible parties. 

Lend support, reassurance, and empathy to others who may be hurt by offensive messages. 

Be sure to comply with all CSU policies, Stanislaus State policies, and local, state, and federal regulations.

Expressing Disagreement During an Event 

Inside the room or event. 

You may engage in peaceful, non-disruptive protest (for example, messages on shirts, turning your back to a speaker, putting tape over your mouth) if it does not create a disturbance or prevent the speaker from communicating to the audience, or otherwise prevent audience members from hearing and seeing the event. 

Audience members may choose to leave the event as long as they do not obstruct the presentation. 

Suppose you disrupt or obstruct the presentation and violate university officials' directions to cease disruption or leave the area. In that case, you will violate the University's Student Code of Conduct or the law. These are grounds for discipline or prosecution.  

For events held where access to the event space can be controlled/secured, event sponsors may regulate what may be brought into an event space (such as video cameras or other recording devices) and activities that attendees may engage in; regulations such as these are permitted as they relate to time/place/manner (I.e., conduct) and not content. 

Outside the building, room or event. 

Peaceful protest or picketing with leaflets, petitions, singing, chanting, or signs is allowed if it occurs in a space open to the public and does not disturb the event or prevent attendees from entering or leaving the event.  

Do not block entrances or exits, impede pedestrian or vehicle traffic, or prevent others from entering, hearing, seeing, or leaving the event or speech.  

Do not use amplified sound unless allowed by University policy (see Stanislaus’ Amplified Sound policy).

Do not disrupt University functions or activities (such as nearby classes) or other events or programs using reserved space.

Expressing Disagreement in Response to an Event  

Before, after, or during the event, you can respond to speech you disagree with by sponsoring a separate presentation or event featuring alternative viewpoints, such as a:

  • Teach in
  • Public forum
  • Vigil
  • Counter-demonstration
  • Exhibit 

If you are confronted with offensive speech or materials: 

  • Maintain a safe distance, and do not respond physically
  • Remember that even though you find it offensive, it is very likely protected free speech.
  • Consider organizing an appropriate, nonviolent response.
  • Seek assistance from a University official if you feel you are being singled out or targeted or if you think that the conduct or speech violates University policy. 

Scenarios

Imagine there is a speaker on campus saying things you deem hateful.

Is this behavior protected free speech?  

Yes, it is.  

Why are they allowed to be here?  

Federal and State Free Speech laws protect nearly all speech, including speech that is annoying, rude, offensive, and potentially hateful to you. On a public university campus, plazas, sidewalks, open gathering areas are public forums where free speech can occur without notice to University officials. 

What can you do? 

You have many options to use speech to counter offensive or hateful speech. Often, the speaker is deliberately provocative to gain an audience either in person or gain followers online. One option is to ignore them entirely and deny them the audience they desire. You also have the right to rebuttal. You can engage in counter speech as an extension of your free speech rights. If you believe you have experienced or witnessed an act of hate, bias, discrimination, or harassment, report it, so the University can respond appropriately.  

What can you not do? 

It is imperative to note that you cannot touch any speaker, no matter how offensive you view their speech. By doing so, you might bring consequences upon yourself while also obscuring the validity of your viewpoint.

A speaker in a classroom:
Your professor brings in a guest speaker you believe is inappropriate or offensive. 

Is this protected free speech? 

Yes. 

Why are they allowed to be here? 

Academic freedom principles protect freedom of inquiry and research, freedom of teaching, and freedom of expression and publication. Academic freedom offers broad discretion to educators regarding free inquiry and the exchange of ideas and opinions expressed in a university setting. It grants universities the right to determine their educational mission without restraint. However, there are still acts you can take in response.  

What can you do? 

You can protest the speaker outside of the building in public areas. If you plan to use amplified sound during your protest, you’ll need to follow Stanislaus State’s Amplified Sound policy. You can also use social media to protest, contact your campus newspaper, The Signal, and raise your objections and rebuttal points. 

What can you not do? 

You cannot disrupt the class or speaker. Disruptive conduct may violate and subject you to student disciplinary action under the University's Student Code of Conduct.

A Speaker Invited to Speak on Campus
Imagine a speaker known to say things you deem hateful who has been invited to speak on campus.

Is this protected free speech? 

Yes. 

Why are they allowed to be here? 

Federal and California free speech laws protect nearly all speech, including speech that is annoying, rude, offensive, and potentially hateful to you. By allowing faculty, staff and students access to use University facilities, such as auditoriums, classrooms, and other buildings, the University has opened up such forums as public forums to host speakers. Therefore, the University will not, and legally may not, discriminate based on content or viewpoint. 

As mentioned in the previous scenario, there are many options you can choose from to counter speech. Often, the speaker is deliberately provocative to gain an audience or online followers. One option is to ignore the speaker entirely and deny them that audience. You may also express your disagreement during the event, outside the venue, or on social media under the guidance and limitations listed in the Policies section.   

Additionally, if you believe you have experienced or witnessed an act of hate, bias, discrimination, or harassment, report it so the University can follow up appropriately. 

What can you not do? 

You may not disrupt or obstruct the presentation. You may not block attendees from entering into or exiting the event. It is imperative to note that you cannot touch any speaker, no matter how offensive you view their speech. If you do, you may be subject to student disciplinary action or arrest.

Disagreement with University Administration
Imagine you would like to protest action by the University administration by physically and actively expressing your disagreement.

What can you do? 

You have a range of options. You may circulate a petition or send a letter voicing your concerns to the administration. You may request to meet with University officials to discuss your concerns. You may engage in peaceful protest or picket with leaflets, singing, chanting, or carrying signs in a space open to the public, such as the area outside the building or within lobbies during business hours. You can contact your student newspaper, The Signal. You can write an opinion piece for The Signal. 

What can you not do?  

You may not engage in an occupation/sit-in of an office or other non-public space in a university building in violation of the University's time, place and manner policy. If you do, you may be subject to student disciplinary action or arrest for trespassing. 

You may not block traffic into or out of the room, floor, or building. You may not obstruct or disrupt University staff or officials while they are fulfilling their duties. If you do, you may be subject to student disciplinary action for obstruction or disruption of teaching, research, administration, or other University activities. 

You may not engage in tagging or mark University facilities with graffiti. You may be subject to student disciplinary action for destruction or damage to state property or arrest for vandalism/graffiti if you do.

Civil Disobedience

Protests and civil disobedience have played a historic role on university campuses, bringing significant and beneficial changes within society and developing our democracy. However, civil disobedience is not protected speech. The U.S. Constitution does not guarantee any right to engage in civil disobedience—which, by its very definition, involves the violation of laws or regulations—without incurring consequences. Civil disobedience may have a negative effect on the protected interests of others. It may interfere with university business or threaten public safety or university assets in ways that require the University to act to protect those other interests. 

Report Violations and Concerns  

If you believe your rights have been violated or that you have witnessed an act of hate, bias, discrimination, or harassment, learn how and where to report it. 

Supportive resources for reporting rights violations & How to report hate or bias

Planning an Event or Protest 

Whether using amplified sound, bringing in a speaker, or displaying symbolic structures, there are many things to consider when planning a protest or event at Stanislaus State. 

  • Learn what to consider when planning an event [see information above] 

Expressing disagreement content was adapted from the University of California, San Diego, with permission. 

Civil disobedience content was adopted from the ACLU of Northern California (PDF).

Updated: October 24, 2023