Protests and civil disobedience have played a historic role on university campuses, in bringing important 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 have a negative effect on the protected interests of others and 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.
What can the university bring disciplinary charges against me for?
The following is an illustrative list of violations of university policy:
- Destruction of or damage to university property (PACAOS 102.04)
- Abuse of university electronic resources and systems (PACAOS 102.05)
- Physical abuse or threats (PACAOS 102.08)
- Obstructing or disrupting university activities (PACAOS 102.13; PPM 390)
- Disorderly or lewd conduct (PACAOS 102.14)
- Unlawful assembly (PACAOS 102.15)
- Restricting free movement (PPM 400-01)
- Masking to conceal identity (PPM 400-01)
- Failure to reveal identity to or comply with directions of university official (PPM 400-01; PACAOS 102.16)
- Setting up an unauthorized structure (PPM 400-01)
- Failure to secure an amplified sound permit, where applicable (PPM 400-01)
- Camping or erecting a campsite (PPM 400-01)
- Failure to comply with exclusion from or order to leave university property (PPM 390)
What can the police charge me with?
The following is an illustrative list of violations of state and federal law:
- Resisting arrest or delaying a peace officer (Penal Code § 148)
- Assault and battery (Penal Code §§ 240-248)
- Disrupting a public meeting (Penal Code § 403)
- Attempting to free a person who has just been arrested (Penal Code § 405a)
- Riot and unlawful assembly (Penal Code § 404-408)
- Failure to disperse (Penal Code §§ 409)
- Disturbing the peace (Penal Code § 415)
- Vandalism/graffiti (Penal Code § 594)
- Trespassing (Penal Code § 602)
- Refusing to obey a peace officer who is enforcing the Vehicle Code (Vehicle Code § 2800(a))
- Using force, a threat of force or physical obstruction to interfere with a person's right to reproductive health services or to attend a place of religious worship (18.U.S.C. § 248)
Civil disobedience content was adopted from the ACLU of Northern California.