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While violations of the Code of Student Conduct may be subject to discipline even when they occur in connection with expressive activities, the viewpoints or political positions expressed must have no influence on either the decision to impose discipline or the severity of penalties imposed. Constitutionally protected speech alone is not subject to discipline under the Student Code of Conduct.

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The University of California must comply with both the U. Fourteenth Amendment to the U. Constitution making the First Amendment applicable to state and local governments, including the University of California. These freedoms enable the University to advance knowledge and to transmit it effectively to its students and to the public.

Generally, the First Amendment protects all speech, although certain forms of speech enjoy lesser degrees of protection, including obscenity e. keywords. In other words, even though speech may contravene the Principles of Community, the speaker cannot be punished for expressing viewpoints inconsistent with the Principles.

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Offensive or hateful speech that does not meet the definition of harassment, however, is protected under the Constitution. Free Speech. Academic freedom protects the right of the faculty to deal with controversial topics in the classroom related to the curriculum or their research, notwithstanding the fact it may be offensive to some of those present in the classroom. 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.

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Thus, hate crimes may be regulated by law and are not subject to protection under the First Amendment. Speech used to threaten physical harm, however, is a good example of speech that may be regulated. Thus, even if speech is hateful or offensive, it is still protected by the First Amendment.

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The term "hate speech" is not defined by law, and no such category exists as an exception to the First Amendment. The University may impose reasonable limits on the time, place and manner of speech activities. This includes the expression of unpopular or controversial viewpoints and speech that is viewed as hateful or offensive. A law may not restrain or abridge liberty of speech or press.

Campus time, place and manner regulations are part of the Student Handbook and posted online. Nevertheless, some forms of speech are not constitutionally protected and may be grounds for discipline. Office of Legal Affairs. Disturbance by loud and unreasonable noise.

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Examples include:. Conduct that violates University rules, such as destruction or theft of property, endangering the safety of others, assault, or interfering with campus operations, even if it occurs in connection with speech activities or is motivated by expressive concerns, is not protected and may be subject to student discipline. Article I, Section 2 a of the California Constitution. The principles of academic freedom protect freedom of inquiry and research, freedom of teaching, and freedom of expression and publication.

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Fighting or challenging another to fight in a public place. 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. 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. Unlawful assembly and refusal to disperse. Reno v.

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University employees including faculty and staff, as Merced as student employees in the context of their employment do not give up their rights to freedom of expression and assembly as citizens by virtue of being public employees; however, the University does have the right to restrict speech within or that affects the workplace. The threat must be, on its face and under the circumstances, 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.

Directory Apply Give. Harassment includes, but is not limited to, conduct that is motivated mature the basis of a person's race, color, national or ethnic origin, citizenship, free, religion, age, sexual orientation, gender identity, pregnancy, marital status, ancestry, service in the uniformed services, physical or mental disability, medical condition, or perceived membership in any of these classifications.

The University also seeks to foster in its students a mature independence of mind, and this purpose cannot be achieved unless students and faculty are free within the classroom to express the widest range of viewpoints in accord with the standards of scholarly inquiry and professional ethics.

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Obstruction of a police officer. Use of offensive words in a public place which are inherently likely to provoke an immediate violent reaction often called "fighting words". First, it must relate to a matter of public concern, including political and social issues. However, civil disobedience is not protected speech under the Constitution.

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menu Office of Legal Affairs. The Principles of Community serve as aspirational goals for how UC Merced community members should treat one another; they are not rules, laws or policies. 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.

Merced, CA Telephone: See our Campus Ready site for the most up to date information about instruction.

Free speech

Mature, the University may restrict speech to the extent that Merced has the potential to disrupt the operation of the University. 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. In the case Reno v. While the University cannot regulate the content of protected speech, it can regulate the time, place and manner of activities on campus, including free exercise of First Amendment rights, to ensure that the right to free speech is not exercised in a manner that infringes on the ability of the University to pursue its educational and research mission.

An example might be a restriction on using language that is offensive to co-workers in the workplace, given the impact on the morale and functionality of the workplace environment. It also protects the rights of students to speak freely on controversial topics in the classroom setting or in their academic work even if their views are considered offensive.

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As a public university, it must remain neutral in terms of any restrictions placed on speech in public forums, both in terms of the content and viewpoint. ACLUU. While the University can control the content on its official and sponsored websites, it cannot regulate the content of social media posting on unaffiliated sites, including personal or group Facebook s, any more than it can regulate direct speech.

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ACLUthe Supreme Court rejected the government's argument that speech on the internet could be more carefully regulated as it is with radio and television broadcasting, and concluded that the internet, as with print media, should be given the full protection of the First Amendment. Vandalism and defacing property of another. The University may restrict or discipline conduct considered to be harassment, even if it includes speech that otherwise might be protected.

Speech activities that violate the time, place and manner rules may be subject to student discipline. Freedom of Speech FAQs.

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Academic freedom does not protect speech inside or outside of the classroom that is unrelated to the curriculum, including teaching and research, and that otherwise may be restricted by the University as an employer. What are the laws that protect free speech? The University of California Policy on Speech and Advocacy guarantees students the constitutionally protected rights of free expression, speech, assembly and worship.

Examples include: Criminal threat 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.

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Examples include threats of violence, incitement to imminent lawless action, raising false alarms regarding imminent personal danger, and certain severe or pervasive harassment. Freedom of speech is guaranteed under both the U. The University of California, as a public university, generally may not regulate speech or other forms of expression.

Speech generally is fully protected unless it is accompanied by, or incites, illegal activity. Section of the California Education Code.