What is Free Speech?
Free speech as defined by the United States Constitution and the State of California Constitution does not give a public university the right to regulate speech in public forums. A public university must remain neutral in subject matter and viewpoint. There is less protection for speech that incites to illegal activity. Speech is fully protected unless it is accompanied by, or incites to, illegal activity. Current rulings by the federal courts have found speech codes, as a general matter, too vague or overbroad.
Because the University of California is a state entity, it complies with both the U.S. and California Constitutions.
“Congress shall make no law…abridging the freedom of speech…”
“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”
Amendment XIV, Section 1
Making the First Amendment applicable to state and local governments
“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)
California Education Code
“…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.