Public universities, like SDSU, are permitted to enact “time, place and manner” policies, which are policies that regulate the time that speech may occur (e.g., limiting on-campus demonstrations to certain hours), the place that speech may occur (e.g., prohibiting demonstrations at the entrance to campus buildings), and the manner that speech may be made (e.g., limiting the use of amplified sound). This means that universities have the authority to regulate the use of all university property and when, where and how it is used. SDSU has established standards that set forth the “time, place and manner” in which all activities may be conducted on university property. This policy allows the university to fulfill its educational mission by helping to maintain an environment where students, faculty and staff can safely learn and engage in their work without disruption while recognizing the rights, privileges and responsibilities of university community members and members of the public. Further, the policy ensures that those who participate in lawful expressive activities are protected and do not disrupt university operations or infringe on the rights of others. The regulations also address how the university will respond to students, employees and non-affiliated persons who disrupt university activities by failing to comply with these requirements, and how the university will reasonably support students and employees who are affected by such activities.

 San Diego State University, like other universities, has the authority to limit the use of campus property. The SDSU Time, Place and Manner policy exists so that speech does not unreasonably disrupt or interfere with the university’s educational mission, university related-business, violate the legal rights of other persons, obstruct ingress or egress of campus buildings or obstruct walkways, endanger the physical safety of the campus community, unreasonably pose risk of damage to university property or the campus environment, or disrupt the expressive activity of another person or group acting in compliance with university policy. For example, the university restricts amplified sound that impacts the university’s missions of teaching and research, does not permit camping or encampments on campus, and can and does require a submission and reservation process for certain events and activities on university property. Read the full policy online.

The First Amendment prohibits the government from curtailing freedom of expression. The Supreme Court has, however, held that speech may be regulated in some circumstances, including under “time, place, and manner” regulations. At SDSU, our policies reflect our collective values of encouraging diverse ideas, community engagement on campus, and academic freedom while also preserving legitimate government interests, including campus and community safety and security. In support of free and open expression, the university maintains a Freedom of Expression Policy. The policy says SDSU can create “reasonable regulations” around speech and expression.

Viewpoint and content neutrality are terms often discussed in Time, Place and Manner policies, referring to the concept that restrictions apply without regard to the substance of the message. While the university may not generally limit the content or the viewpoints of what is expressed on university property, including at public assemblies, marches, protests and demonstrations, the university may limit where, when and how these activities take place through content- and viewpoint-neutral time, place and manner restrictions.

"Academic freedom" is a concept concept within the higher education sector that supports the understanding that the free search for truth and its free exposition -- which includes the freedom to research and teach a range of topics, ideas and ideologies -- is a democratic right, and benefits us all. SDSU is committed to academic freedom and both encouraging and protecting artistic, scientific, literary and political speech. The American Association of University Professors provides additional information about academic freedom.

The First Amendment protects various freedoms, including freedom of speech, assembly, petition, religion and press. The speech protections apply to written and spoken words as well as expressive conduct (i.e., actions that do not involve written or spoken words but do contain a message, such as art or gestures). But these protections apply only to activities regulated by the government, and the protections are not absolute. Governments are also concerned with the security of their citizens and borders, and with equal treatment of their citizens. In analyzing the application of the First Amendment, courts will consider the various security, equality and liberty interests involved.

There are some types of speech for which there is no, or very limited, First Amendment protection. Unprotected speech may be regulated because of its content. Such speech includes but is not limited to the classifications below: 

• Incitement of Imminent Lawless Behavior: Speech advocating for the use of force or lawbreaking where it is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.
• Fighting Words: Face-to-face speech that tends to incite an immediate and violent response from an average person. Speech cannot be restricted simply because some deem it to be upsetting or hurtful, and speaking generally about a topic that others may consider controversial or offensive remain protected. The fighting words exception does not apply to speakers addressing a crowd on campus but may apply to speakers addressing a specific individual in the immediate area, no matter the size of the crowd (i.e., words directed to a person that are so abusive that they tend to incite immediate physical retaliation).
• True Threats: Speech meant to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.
• Harassment or Discrimination: Severe, pervasive and objectively offensive harassment that deprives the individual of equal access to resources.
• Defamation: False statements of fact made about a person.  In cases concerning a public official or figure, the speaker must have acted with intent in making the false statement.  In certain cases, the party alleging defamation must show actual damages.
• Obscenity: Material that the average person would find appeals to the "prurient interest" that depicts or describes sexual conduct in a patently offensive way and lacks literary, artistic, political or scientific value.
• Child Pornography: Material depicting children below the age of majority in sexual manner. Such speech is distinct from obscenity due to its criminal nature.

Yes. The First Amendment (and other “Bill of Rights” amendments) apply to state governmental entities through the Fourteenth Amendment, and through them to public colleges and universities like SDSU.  But just as the First Amendment freedoms are not absolute as against the U.S. government, they are not absolute in the state context either. The First Amendment does not require the university to provide a platform for speech, but if it does, then it cannot discriminate against speech on the basis of the speaker’s viewpoint. 

As a public university, SDSU can enact content-neutral Time, Place and Manner regulations to promote safety and order, and to ensure its educational mission can continue, while students, faculty and staff and community members exercise their free speech rights on campus. Individuals, regardless of the content of their speech, must adhere to these regulations when participating in free speech activities. The university can only restrict speech based on its content when it reasonably appears that the speaker will advocate violent (and immediate) overthrow of the government, willful destruction or seizure of campus buildings or property, disruption or impairment by force of the campus’s regularly scheduled classes or other educational function, physical harm (including coercion or intimidation) or other invasion of lawful rights of campus community members including administrators, officials, faculty, staff and students (including under the university’s Nondiscrimination policy), or other campus disorder of a violent and immediate nature.

Yes. Students do not give up their free speech rights while in school.  But the campus may, and does, impose reasonable restrictions.  For example, student speech while in class may be limited, and speech in on-campus housing units may be restricted (so long as that restriction is content-neutral).  Students may not engage in speech (including expressive or other conduct) that materially disrupts class work or involves substantial disorder or invasion of the rights of others, including other students.

No, freedom of speech does not give someone the right to restrict the speech of others, or to silence others with whom they disagree. Rather, an individual can use their own free speech rights to express why they disagree with the other person’s speech.

Some forms of bias, including hate crimes, discrimination, and harassment, are prohibited under law, SDSU conduct policies, and/or California State University system policy. While not all acts of bias are considered a crime or violate CSU policy, they may contribute to creating an intimidating or hostile environment for individuals and groups affected. Students, faculty and staff are encouraged to report all acts of bias, discrimination and harassment so that the university can take appropriate action. Always call 9-1-1 if you or someone you know is in danger. If it is not an emergency and you do not know where to turn, you can report issues by visiting Inclusive SDSU. The course of action taken by the university, including any resulting disciplinary penalty, will depend on the particular facts and circumstances involved and, given privacy and other restrictions, the university may not be able to share all information and outcomes with those who report issues.

Public universities can enact "time, place and manner" restrictions on free speech activities as long as they are:

• Viewpoint-neutral
• Tailored on the use of location for speech activites, as coordinated by the university.
• Serve a significant government interest, and may not be more extensive than necessary, and
• Leave open other channels for the communication of the information.

The SDSU Time, Place and Manner policy ensures that speech does not unreasonably disrupt or interfere with university business, violate the legal rights of other persons, obstruct ingress or egress of campus buildings or obstruct walkways, endanger the physical safety of the campus community, unreasonably pose risk of damage to university property or the campus environment, or disrupt the expressive activity of another person or group acting in compliance with university policy.

There is no legal definition of “hate speech” and it is not a category of speech that the courts have held is excepted from First Amendment protection. However, such speech may contribute to creating an intimidating or hostile environment for individuals and groups. Even in a public university, First Amendment rights are necessarily limited where speech creates a hostile educational or working environment. 

While the First Amendment may protect speech condemning any category of individual – whether on the basis of race, religion, national origin, ethnicity, sexual orientation, citizenship status, political party, ideology, hair style, or taste in music – this applies only to speech and expressive conduct, and does not protect an individual’s behavior  simply because it is motivated by that person’s beliefs.  For example, hate crimes are regulated under both state and federal law. 

The First Amendment is tested most severely when the person who is speaking is saying things that we find offensive or hateful, or that we disagree with.  Yet that speech is also protected because when the government has the right to suppress certain ideas, everyone is subject to censorship.

The better way to respond to hateful or offensive speech is to encourage more speech that exposes the offensive speech for what it is.  In one famous US Supreme Court case, Justice Brandeis wrote, “If there be time to expose through discussion the falsehoods and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.”  (Whitney v. California, 1927).  The ACLU agrees, and states on its website that “where racist, sexist and homophobic speech is concerned, the ACLU believes that more speech – not less – is the best revenge.  This is particularly true at universities, where the mission is to facilitate learning through open debate and study, and to enlighten.”

The Supreme Court has made it clear that a public institution, like SDSU, cannot prevent speech on the grounds that it is likely to provoke a hostile response. While the campus is constitutionally required and committed to supporting the protection of individuals and to prevent disruption or violence, if despite all efforts by the university there is a serious and imminent threat to public safety and no other alternative, an event or activity can be canceled based on the threat, not on the content of speech. The university’s primary and paramount responsibility is the safety of students, faculty and staff.  

SDSU offers support and resources to students, faculty and staff whenever they need help. You should rely on the support services available to you, as teams are ready to consult with you and the appropriate officials, groups or organizations to address concerns in a manner consistent with university policies while respecting Freedom of Expression. SDSU may also host meetings between individuals and a dean or supervisor, sponsor debates or discussions on the topic, offer awareness programs and training sessions to the campus community, and support those who have been affected. It is also important to recognize that individuals may have residual feelings regarding an event that will happen well after the incident. The university offers a range of resources to help students, faculty and staff. 

The university's Principles of Community serves as an aspirational statement similar to others at universities throughout California and the nation. The statement was developed through SDSU’s shared governance process, involving input from students, faculty, staff and administrators. Importantly, this is not university policy; the statement does not carry or impose any requirement. It does, however, call on each of us to reflect on our collective values and also encourages us to uphold those values when we teach, conduct research, work, socialize and come together in dialogue around difficult topics. Read the statement on the Principles of Community page.

You should never feel it is your responsibility to directly confront a person who has offended you. If you feel comfortable, you can explain your concerns to the offending person, tell them to stop the problematic behavior, and document the conversation in writing. Don't put yourself in danger.  If you feel threatened or unsafe in addressing the incident, trust your instincts and consider other avenues or resolution. If the behavior continues, you can report the issue to Inclusive SDSU or speak with the Dean of Students by calling 619-594-5211 or email [email protected], or the Office of the Student Ombudsman.  The Center for the Prevention of Harassment and Discrimination is also available to assist. Faculty and staff are encouraged to speak with their supervisors or contact the Center for Human Resources or, if in an auxiliary unit, their respective HR support teams.