Generally, the First Amendment and California Constitution protect all speech, although some forms of speech have varying degrees of lesser protection. Limitations on speech are typically called Time, Place, and Manner limitations. You can review Stanislaus State's Time, Place, and Manner policy.
FAQs
Generally, the U.S. and California Constitutions protect all speech, although these forms of speech enjoy varying degrees of lesser protection:
- Obscenity (e.g., child pornography).
- Defamation/libel.
- Involving illegal conduct. Examples:
- Criminal threat: Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out. The threat must be, on its face and under the circumstances in which it is made, so unequivocal, unconditional, immediate, and specific as to cause the person threatened to reasonably fear for his or her own safety or for his or her immediate family's safety.
- Hanging a noose on a college campus for the purpose of terrorizing members of the campus community with the knowledge that it is a symbol representing a threat to life.
- Obstruction of a police officer.
- Fighting or challenging another to fight in a public place.
- Use of offensive words in a public place that are inherently likely to provoke an immediate violent reaction (e.g., "fighting words").
- Inciting illegal activity.
- Willful disturbance of any lawful meeting (must "substantially impair" the meeting by intentional conduct in violation of implicit or explicit rules for the meeting that violator knew or should have known).
- Unlawful assembly and refusal to disperse.
- Vandalism and defacing property of another.
- Disturbance by loud and unreasonable noise.
- Trespass.
Protests and civil disobedience have played a historic role on university campuses in bringing significant and beneficial changes within society and in the development of our democracy. However, civil disobedience is not protected speech under the Constitution. The 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 harm 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.
While the University can create and stand firm in the principles of diversity, inclusion, equity, and social justice, these serve as aspirational goals for how Stanislaus State community members should treat one another; they are not rules, laws, or superseding policies. In other words, even though speech may contravene the University’s positions, the speaker may not be disciplined for such a violation unless it violates a University policy or the law.
The term “hate speech” is not defined by law, and no such category exists as an exception to the First Amendment or California Constitution. Thus, even if speech is hateful or offensive, it is still protected speech.
Legal scholars have supported the idea that the best way to respond to hateful or offensive speech is not to attempt to limit it but instead to encourage more speech. For example, as Justice Louis Brandeis famously wrote, “[I]f there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.” Whitney v California, 274 U.S. 357, 377 (1927).
Likewise, the American Civil Liberties Union believes that:
"where racist, sexist, and homophobic speech is concerned, the ACLU believes that more speech – not less – is the best revenge; this is particularly true at universities, where the mission is to facilitate learning through open debate and study and to enlighten."
It is important to note that while hate speech in itself not a category excepted by the First Amendment, the First Amendment does not protect conduct just because it is motivated by an individual's beliefs or opinions. Thus, hate crimes may be regulated by law and are not protected by the First Amendment.
Stanislaus State offers tools and mechanisms to address words or actions that impact campus climate or violate our community standards. Students who encounter hurtful or offensive speech are encouraged to reach out for support.
Updated: October 24, 2023