Free Speech Guidance

Expressing Disagreement

• Write a guest editorial or send a letter to campus newspapers, Associated Students representatives (ASUCD), your elected official representatives, groups, individuals, administrators or responsible parties.
• Utilize social media to engage with others and create support and/or discussion.
• Organize and host an event such as a meeting, rally, teach-in, etc. 
• Start a petition to send to your ASUCD representatives or elected official representatives to communicate the vast support that exists for your position. 
• Be sure to comply with all UC and UC Davis policies and First Amendment and State Laws.

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.
• If you disrupt or obstruct the presentation and fail to comply with the directions of university officials to cease disruption or leave the area, you may be in violation of the UC Davis policies on student, staff and faculty conduct and/or the law. These are grounds for discipline and/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, signs, backpacks, etc.) 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 as long as it occurs in a space that is 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.
• An amplified sound permit must be obtained from Conference and Event Services before amplified sound may be used at outdoor events, or at indoor events when the space does not have sound equipment (i.e., lobbies, entrances, stairways). Review the university sound requirements.
• 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, during or after the event, you can respond to speech that you disagree with by sponsoring a separate presentation or event featuring alternative viewpoints, such as a:

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

These are also opportunities to bring people together in community and lend support, reassurance and empathy to others who may be hurt by offensive messages.

If you are confronted with offensive speech or materials:

• Maintain a safe distance, and do not respond physically.
• Keep in mind that even though you find it offensive, it is very likely protected free speech.
• Consider organizing an appropriate, nonviolent response.
• File a Hate and Bias report to the university.
• Seek assistance from the Harassment and Discrimination Assistance and Prevention Program if you feel you are being singled out or targeted or if you think that the conduct or speech violates university policy.

Free Speech Scenarios

A Speaker in a Public Area on Campus

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

Is this behavior protected by the First Amendment?

Yes, it is.

Why are they allowed to be here?

The First Amendment protects the freedom of speech, including speech that is annoying, rude, offensive and potentially hateful to you. On a public university campus, quads and sidewalks are public forums where free speech can occur.

What can you do?

There are many different options you can choose. Very often, the speaker is deliberately provocative in an attempt to gain an audience. One option is to ignore them completely and deny them that audience. You also have the right to rebuttal. You can engage in counter speech as an extension of your First Amendment rights. Additionally, if you believe you have experienced or witnessed an act of hate, bias, discrimination or harassment, report it to the university.

What can you not do?

It is very important 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 point of view.

An Invited Speaker in a Classroom

Suppose that one of your professors is bringing in a guest speaker/lecturer that you believe is inappropriate or offensive.

Is this protected by the First Amendment?

Yes.

Why are they allowed to be here?

It is important to note that the principles of academic freedom 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, and it grants universities the right to determine their educational mission without restraint. All that being said, there are still things you can do.

What can you do?

You can express your views with the professor and within the classroom space as appropriate. You can also reach out to the Department Chair or other academic leaders within your college or school about your concerns. For additional guidance and information, visit the How to Report Concerning Faculty Conduct Regarding Freedom of Expression, Academic Freedoms and Safety webpage.

What can you not do?

You cannot disrupt the class or speaker. This may violate and subject you to student disciplinary action under the university's standards of conduct for students.

A Speaker Invited to Speak on Campus

Imagine there is a speaker known to say things you deem hateful who has been invited to speak on campus by a member of faculty, staff, registered student organization or other recognized group.

Is this speech protected by the First Amendment?

Yes, it is.

Why are they allowed to be here?

The First Amendment protects the freedom of speech, including speech that is annoying, rude, offensive and potentially hateful to you. By allowing staff, faculty and Registered Student Organizations access to use university facilities, such as auditoriums, classrooms and other buildings, to host speakers, the university has opened up such forums as public forums. Therefore, the university will not, and legally may not, discriminate based on content or viewpoint.

What can you do?

As mentioned in the previous scenario, there are many different options you can choose. Very often, the speaker is deliberately provoking in an attempt to bait counter protesters to engage and generate viral social media content that ultimately expands their audience and amplifies their voice. If you are going to protest the event, one option would be to host a separate gathering away from the original event to attract an audience in support of your perspective and not provide the opportunity to add to their social media. You also have the right to express your disagreement outside the venue or on social media, but remember to act in accordance with the guidance section above to ensure that you are not violating the first amendment rights of others while practicing your own.

Additionally, if you believe you have experienced or witnessed an act of hate, bias, discrimination or harassment, report it to the university.

What can you not do?

You may not disrupt or obstruct the presentation or event. You may not block attendees from entering into or exiting from the event. It is very important 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 university administration by physically and actively expressing your disagreement.

What can you do?

You have a range of options. You may request to engage in conversation with university officials to discuss your concerns. You may circulate a petition or send a letter voicing your concerns to the administration. 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, and does not disturb the event or prevent attendees from entering or leaving.

What can you not do?

You may not restrict the movement of another person or persons by, among other means, blocking or obstructing their access to roadways, walkways, buildings, parking structures, fire lanes, windows, doors or other passageways to university property. 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.

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

You may not engage in any other activity that is in violation of the university’s time, place and manner regulations. If you do, you may be subject to student disciplinary action or arrest for trespassing.