Essentially, the First Amendment means that the government may not penalize or restrict expressive conduct, except in certain, defined circumstances.  The First Amendment generally does not apply to actions private citizens take based on speech.  
As a public institution, UCR adheres to the interpretations of the First Amendment outlined by the Supreme Court of the United States. Restrictions on speech based on viewpoint generally violate the First Amendment. 

On the other hand, there are generally less protections for commercial, as opposed to non-commercial, speech.  And there are other situations in which the government can impose greater restrictions on speech. These include defamation, libel, and slander (false statements that damage a person's reputation), true threats, obscenity, child pornography, and commercial advertising.
In some circumstances, government employees and students in public schools can be restricted if their speech conflicts with their status as public officials or students. The government can also restrict speech via content-neutral regulations, such as Time, Place, and Manner restrictions. For instance, there can be limitations and penalties for speech in the workplace or classrooms which is unrelated to the subject matter of the work or classroom curriculum, and where a student or employee has been requested to refrain from such speech.

UCR has a long history of respecting the First Amendment rights of all members of its campus community. While the above outlines the government's definitions of First Amendment issues, UCR works diligently to respond to events and situations that raise First Amendment issues with respect, thoughtfulness, and consideration of its impact on the campus community.

Learn more about the First Amendment: constitutioncenter.org 
 

Speech that is not protected by the First Amendment includes fighting words, incitement of illegal activity, true threats, and harassment. 

However, historically, the Supreme Court has held a very narrow definition of these terms, limiting the authority of the government and public officials to prohibit or prosecute speech, even if it appears to fall into one of these categories.

• Obscenity: Speech/materials may be deemed obscene (and therefore unprotected) if the speech meets the following (extremely high) threshold: It (1) appeals to the "prurient" interest in sex, (2) is patently offensive by community standards, and (3) lacks literary, scientific, or artistic value.
• Incitement: Activity or speech that advocates for producing 'imminent lawless action' and is likely to produce such action.
• Fighting words: Speech that is personally/individually abusive and is likely to incite imminent physical retaliation.
• Defamation: An intentional and false statement about an individual that is publicly communicated in written (called "libel") or spoken (called "slander") form, causing injury to the individual.
• Perjury: A knowingly false statement given under oath in court.
• Extortion: Obtaining property by wrongful use of force or fear.
• Harassment: Unwelcome conduct based on a protected category, including verbal, nonverbal, or physical conduct, that interferes with a person’s work, educational, or living environment such that a reasonable person would find the conduct intimidating, hostile, or offensive. Conduct must be severe or pervasive in order to constitute harassment. 
• True threats: Statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals. The speaker does not have to act on his or her words (e.g., commit a violent act) in order to be found guilty of true threat.
• False advertising: A knowingly untruthful or misleading statement about a product or service.
• Certain symbolic actions if the actions are otherwise illegal.
  • Examples: Tagging/graffiti, littering, burning a cross on private property.
• Plagiarism of copyrighted material
• Child pornography

The term "hate speech" and its correlation to First Amendment rights is complex. The First Amendment protects all speech regardless of whether or not it is offensive. The critical difference between speech that is protected versus speech that the government can punish is intentionality and whether it provokes a crowd to immediately carry out a violent or unlawful action. 

UCR believes that all hate speech is abhorrent and is counter to our Principles of Community. However, leaving it to university leaders, including student leaders, to determine what hate speech is allowed versus what speech is censored limits the scale of influence the campus community has in determining for themselves what we, as members of UCR, believe our campus should value. 

In some situations, the best antidote to hateful speech is more, not less, speech and reflection. We encourage students to address hate speech on campus collaboratively through counter-protests and programming. UCR departments and administration are also available to assist with countermeasures and alternatives that honor our Principals of Community. 

Some “hate speech” may violate UC and campus policies prohibiting discrimination and harassment, as discussed further below.
 

UC Riverside is dedicated to fostering a campus climate that is diverse and inclusive and vigorously opposes and deplores all forms of hate-fueled speech. UC Riverside offers support for faculty, staff, and students who wish to use their private free speech rights to condemn hateful speech.

Students who encounter hurtful or offensive speech are encouraged to reach out to university administrators including the Dean of Students Office, Student Life, or the Division of Student Affairs.  

UCR defines harassment as unwelcome conduct based on a protected category, including verbal, nonverbal, or physical conduct, that interferes with a person’s work, educational, or living environment such that a reasonable person would find the conduct intimidating, hostile, or offensive. Conduct must be severe or pervasive in order to constitute harassment.

Simply expressing an opinion, regardless of the opinion being objectionable or unpopular, typically does not constitute harassment. Complaints of discrimination and harassment should be made to UCR’s Office of Title IX, Equal Opportunity & Affirmative Action.

Similar to when speech becomes harassment, the Constitutional protection of the use of nonverbal symbols depends on the situation. The Supreme Court has ruled in the past that the use of symbols such as swastikas, peace signs, and crosses is protected when it is displayed before a general audience at a march or demonstration. Other examples include burning an American flag, wearing armbands in solidarity, or displaying graphic anti-abortion imagery in public. 

However, these same symbols displayed on an individual's lawn or residence hall door or window is not protected as it is a direct threat to an individual on their private property.  In these instances, such actions performed against an individual could trigger anti-harassment, criminal trespass, and student conduct measures.

Yes, free speech applies to clothing and signs as well as what someone verbally says. There may be other consequences, however, for something like profanity or pornographic images for an audience that should not see that material, such as children. Likewise, the university may prohibit messaging on clothing of its employees, including student employees, provided such restrictions are viewpoint neutral.

UCR has three objectives included in a document called the Principles of Community which outlines how students, staff, and faculty should treat each other. The first is an environment that encourages intellectual and personal growth, followed by ensuring that our campus sets an example of respect for all people, and finally ensuring that our campus is safe and welcoming for everyone. Free speech means that someone may say or do something that does not align with these principles. If someone says something that does not show respect for all people, for example, it is still allowed under the First Amendment and at the same time, the university or representatives of the university may cite the Principles of Community and how certain actions are not in alignment with those values. The Principles of Community is not a policy that is enforced with disciplinary or legal action but is instead an aspirational statement of values to which our campus subscribes. 

The University of California willingly serves as a prominent public venue for open and free exchange of ideas. UC Riverside's "Time, Place and Manner" ground rules provide a framework for the conduct of demonstrations that protects the rights of all persons (demonstrators and non-demonstrators) which conforms to all applicable campus rules and regulations, and to applicable state laws and which addresses necessary health, safety, and risk management issues. Demonstrators may conduct their activities during normal business hours in the designated public areas of any campus facility, or any time in any outdoor designated public places. After-hours activities may be authorized in specific campus facilities or specific outdoors areas, after consultation with the appropriate campus officials, and may require the presence of mutually acceptable campus staff and/or faculty acting as activity monitors. When it comes to scheduled events, UCR is responsible for ensuring that events are held at a time, and in a location and manner that allows the event to be successful and keeps the campus safe, regardless of the viewpoint of the speaker. All event decisions are viewpoint neutral and in accordance with the Major Events Policy. All registered student organizations must work with designated campus officials to review their event needs to ensure appropriate application of the time, place, and manner procedures.

Civil disobedience is not specifically protected by the First Amendment. However, UCR recognizes that civil disobedience is a cornerstone of campus activism.  The university has resources available to students and staff describing your rights on campus and the possible consequences associated with violating campus policies.

Generally speaking, all applicable health and safety rules on campus apply at all times. This means that you do not have the right to: block entrance to and exits from buildings or streets and walkways, physically or verbally harass people, interrupt the campus' mandated business (Time, Place and Manner Policy), occupy buildings beyond their normal operating hours, or to violate other campus regulations in the name of speech.

UCR acknowledges the purpose of civil disobedience and will work with demonstrators to understand these rights and consequences. Our goal is to work collaboratively with all demonstrators to resolve situations with respect, integrity, and safety, while at the same time creating an environment where voices can be heard.

No, the Freedom of Assembly and Freedom of Speech ensure that any students wanting to register an organization can do so, provided they meet the criterion. There may still be requirements and deadlines that will be enforced and used to approve and deny organizations but none of these mechanisms are based on the viewpoint of the organization. An organization may be denied for failing to complete paperwork by a certain date, but it would not be denied because of their viewpoint, for example.

UCR supports the notion of a “marketplace of ideas,” in which speech that a person disagrees with should be met with more speech, engagement, and debate. The First Amendment and the university are founded on the premise that we are all better off if ideas can be expressed and responded to, rather than be subject to an imposed orthodoxy of belief and punished for deviating from it. Free speech is particularly important to a university like UCR whose goal is the discovery and establishment of truth. Many ideas now fundamental to our understanding of the universe and our place in it — such as evolution, equality, diversity, inclusion, or climate change — were initially attacked. Freedom of Speech is so important to the university that one of the university’s bedrock principles is academic freedom, which protects faculty in their research and teaching, as well as the free speech and assembly of its students. (UCR also recognizes that not all places at all times can or should be a marketplace of ideas.  For example, a professor is not required to allow students to use a physics lecture as a marketplace for ideas about religion.)

The university may restrict, or discipline conduct considered to be harassment, even if it includes speech that otherwise might be protected. UCR defines harassment as unwelcome conduct based on a protected category, including verbal, nonverbal, or physical conduct, that interferes with a person’s work, educational, or living environment such that a reasonable person would find the conduct intimidating, hostile, or offensive. Conduct must be severe or pervasive in order to constitute harassment. “Protected categories” include race, color, national origin, citizenship, sex, religion, age, sexual orientation, gender identity, gender expression, pregnancy, marital status, ancestry, service in the uniformed services, physical or mental disability, medical condition, genetic information, or perceived membership in any of these classifications. Offensive or hateful speech that does not meet the definition of harassment may be protected under the Constitution.

Yes. In the case of Reno v. ACLU, the 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. Reno v. ACLU, 521 U.S. 844 (1997). 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 pages, any more than it can regulate direct speech. Note that the university’s ability to regulate expressive activity in the workplace, or that relates to the workplace, is broader, except when the speech relates to a matter of public concern.

The Constitution prohibits UC Riverside, as a public institution, from banning or punishing speech based on its viewpoint. Because campus policy permits Registered Student Organizations to invite speakers to campus and provides access to campus venues for that purpose, the university cannot take away that right or withdraw those resources based on the views of the invited speaker. Doing so would violate the First Amendment rights of the student group. Only under extraordinary circumstances can an event featuring a speaker (invited through the proper process) be cancelled, including where the university reasonably believes it cannot protect the safety of the campus. Secondly, once a speaker has been invited by a student group, the campus is obligated and committed to acting reasonably to ensure that the speaker is able to safely and effectively address his or her audience, free from violence or disruption.  At the same time, the student group is expected to be candid and transparent about the identities of the speaker, the expected size of the audience, and the logistics of the event and to share any facts with the university which will help ensure the safety and success of the event.

The University of California willingly serves as a prominent public venue for open and free exchange of ideas. UC Riverside's "Time, Place and Manner" ground rules provide a framework for the conduct of demonstrations which protects the rights of all persons (demonstrators and non-demonstrators) which conforms to all applicable campus rules and regulations, and to applicable state laws and which addresses necessary health, safety, and risk management issues. Demonstrators may conduct their activities during normal business hours in the designated public areas of any campus facility, or any time in any outdoor designated public places. After-hours activities may be authorized in specific campus facilities or specific outdoors areas, after consultation with the appropriate campus officials, and may require the presence of mutually acceptable campus staff and/or faculty acting as activity monitors. When it comes to scheduled events, UCR is responsible for ensuring that events are held at a time, and in a location and manner that allows the event to be successful and keeps the campus safe, regardless of the viewpoint of the speaker. All event decisions are view-point neutral and in accordance with the Major Events Policy. All registered student organizations must work with designated campus officials to review their event needs to ensure appropriate application of the time, place, and manner procedures.

The Supreme Court has made it clear that a public institution like UC Riverside cannot prevent speech on the grounds that it is likely to provoke a hostile response. Stopping speech before it occurs is called “prior restraint,” and prior restraints of speech are almost never allowed. While the campus is constitutionally required and committed to doing what it can to protect speakers and to prevent disruption or violence, if despite all reasonable efforts by the campus there is a serious threat to public safety and reasonable alternatives cannot be employed to protect the safety of the public, a speaker’s event can be cancelled or rescheduled. This is a last resort and is not based on the views of the speaker but rather to protect the safety of its students, staff, and faculty.

The decision to cancel events is only considered after careful consideration and consultation with campus partners, the event organizers and administration. UCR reviews all events from a viewpoint neutral perspective and assesses each situation independent from any speaker's opinion or point of view.

UCR takes great care to assist all event organizers with understanding the safety and approval process at each event location. The safety and security of students, staff and faculty is non-negotiable and failure to fulfill basic security related obligations, including the withholding of pertinent information or the provision of false information, can, on occasion, lead to an event postponement or cancellation. Cancellation will not occur based solely on a speaker's opinions or on the potential for said speaker to offend.

Event organizers will know in advance the expectations for their program, the deadlines they must meet in order to be successful and the resources they have at their disposal for assistance throughout the process. However, those expectations are dependent on the provision of correct and up to date information by event organizers.
 

We encourage all students to exercise their freedom of speech and assembly. UC Riverside encourages all those who participate in protest to do so safely and avoid the infringement of others' rights, including their rights of free speech and assembly. UCR staff and faculty are available to assist students with understanding their rights on campus, consequences for their actions that violate the student code of conduct and best practices for engagement. Ultimately, you are responsible for your own actions.

The "Heckler's Veto" is the notion that "hecklers" may restrict or limit free speech by merely drowning out or outnumbering a speaker, or that they would be so unruly that defending the exchange of ideas and protecting the safety of a speaker would be made impracticable (i.e., that a speaker would be denied the opportunity to speak because of the audience reaction).  

When hecklers silence or drown out an uninvited speaker (someone not invited by a registered student group to speak at a certain reserved time and in a reserved venue according to campus policy) by shouting or causing such a disruption such that the speaker cannot continue, it is not the campus, but rather the individuals who are limiting someone's free speech.  And the campus has no obligation to prevent the hecklers from drowning out the uninvited speaker.

However, with pre-planned events scheduled in conformance with UCR policy, it may be the university's role to protect the speaker from a heckler's veto, meaning that overly disruptive audience members may find themselves facing a wide range of consequences in order to allow the speaker their continued ability to speak.

No, the Freedom of Assembly and Freedom of Speech ensure that any students wanting to register an organization can do so, provided they meet the criterion. There may still be requirements and deadlines that will be enforced and used to approve and deny organizations but none of these mechanisms are based on the viewpoint of the organization. An organization may be denied for failing to complete paperwork by a certain date, but it would not be denied because of their viewpoint, for example.

If UCR were to illegally cancel the talk of a speaker invited by a student group in accordance with UCR Policy, it could be sued by the speaker or by the student group. A court could issue an order requiring the campus to allow the event. The court could also potentially award money damages to the speaker and student group, and the campus, if it loses such a lawsuit, would also be liable for paying the attorney fees of the speaker and student group. There are many instances, including in California, where public universities have been sued in exactly this way when they have tried to exclude speakers.  Doing so would also contradict university policies and values of free speech and assembly.

The decision to cancel events is only considered after careful consideration and consultation with campus partners, the event organizers and administration. UCR reviews all events from a viewpoint neutral perspective and assesses each situation independent from any speaker's opinion or point of view.

UCR takes great care to assist all event organizers with understanding the safety and approval process at each event location. The safety and security of students, staff and faculty is non-negotiable and failure to fulfill basic security related obligations, including the withholding of pertinent information or the provision of false information, can, on occasion, lead to an event postponement or cancellation. Cancellation will not occur based solely on a speaker's opinions or on the potential for said speaker to offend.

Event organizers will know in advance the expectations for their program, the deadlines they must meet in order to be successful and the resources they have at their disposal for assistance throughout the process. However, those expectations are dependent on the provision of correct and up to date information by event organizers.

UCR has never issued a "stand down" order and does not anticipate doing so. UCPD reserves the right to make tactical decisions in association with campus administration. Campus leaders recognize the impact the use of UCPD has on the student community and makes every effort to limit their role in demonstrations or protests. UCPD reserves the right, in an effort to uphold community safety, to intervene if there is an immediate threat to the health and safety of any individual(s) on campus.

UCPD collaborates directly with campus leadership, including the Division of Student Affairs. Our professional staff may act as an intermediary between UCPD and protests in an effort to limit their involvement.  

If UCR were to illegally cancel the talk of a speaker invited by a student group in accordance UCR Policy, it could be sued by the speaker or by the student group. A court could issue an order requiring the campus to allow the event. The court could also potentially award money damages to the speaker and student group, and the campus, if it loses such a lawsuit, would also be liable for paying the attorney fees of the speaker and student group. There are many instances, including in California, where public universities have been sued in exactly this way when they have tried to exclude speakers. Doing so would also contravene university policies and values of free speech and assembly.

The principles of academic freedom protect freedom of inquiry and research, freedom of teaching and freedom of expression and publication. These freedoms enable the university to advance knowledge and to transmit it effectively to its students and to the public. 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 a wide range of viewpoints in accordance with the standards of scholarly inquiry and professional ethics and including in alignment with the curriculum and pedagogy of a given course. 

Harassing speech is a violation of university policy. Harassment is unwelcome conduct based on a protected category, including verbal, nonverbal, or physical conduct, that interferes with a person’s work, educational, or living environment such that a reasonable person would find the conduct intimidating, hostile, or offensive. Conduct must be severe or pervasive in order to constitute harassment. Harassment should be reported to UCR’s Office of Title IX, Equal Opportunity & Affirmative Action . The office typically responds within two business days. 

If you do not believe the comment rises to the level of harassment but would still like for the conduct to be addressed, you may report it via the systemwide intolerance/bias reporting form.  

Absolutely. UCR supports the notion of a “marketplace of ideas,” in which speech that a person disagrees with should be met with more speech, engagement, and debate. The First Amendment and the university are founded on the premise that we are all better off if ideas can be expressed and responded to, rather than be subject to an imposed orthodoxy of belief and punished for deviating from it. Free speech is particularly important to a university like UCR whose goal is the discovery and establishment of truth. Many ideas now fundamental to our understanding of the universe and our place in it — such as evolution, equality, diversity, inclusion, or climate change — were initially attacked. Freedom of speech is so important to the university that one of the university’s bedrock principles is academic freedom, which protects faculty in their research and teaching, as well as the free speech and assembly of its students.