Frequently Asked Questions

What is freedom of speech, and what does it protect?

Freedom of speech is the right of a person to articulate opinions and ideas without interference or retaliation from the government. The term “speech” constitutes expression that includes far more than just words, but also what a person wears, reads, performs, protests and more.

In the United States, freedom of speech is strongly protected by the First Amendment of the U.S. Constitution, as well as many state and federal laws. The United States’ free speech protections are among the strongest of any democracy; the First Amendment protects even speech that many would see as offensive, hateful or harassing.

How does the First Amendment right to free speech apply to controversial speakers who have been invited to CSUF by student groups?

The Constitution prohibits any public institution, from banning or punishing speech based on its content or 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, described below in the "Which types of speech are not protected by the First Amendment?" section, can an event featuring a speaker invited this way be cancelled.

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 their audience, free from violence or disruption.

Can CSUF cancel a student-sponsored event if the administration or the campus community disagrees with the speaker’s views?

No, this would violate established law and the rights of student groups to invite whoever they wish to the CSUF campus. Only student groups who invite speakers have the authority to disinvite them.

What are “time, place, and manner” restrictions? How do they relate to controversial speakers?

The Supreme Court has said that public entities like CSUF have discretion in regulating the “time, place, and manner” of speech. The right to speak on campus is not a right to speak any time, at any place and in any manner that a person wishes. The campus can regulate where, when and how speech occurs to ensure the functioning of the campus and achieve important goals, such as protecting public safety.

When it comes to controversial speakers, CSUF invokes this necessary authority in order to hold events at a time and location that maximizes the chance that an event will proceed successfully and that the campus community will not be made unsafe. The campus heeds its police department’s assessment of how best to hold safe and successful events. The campus might invoke its discretion on time, place and manner. For example, to ensure that an event with a highly controversial speaker would be held in a venue that the campus police force believes to be protectable (e.g. one with an ample number of exits, with the ability to be cordoned off, etc.).

The need to consider time, place and manner regulations is the reason that we require students to work with the administration when setting up their events, as opposed to scheduling and creating the events on their own without campus input.

Read President’s Directive 5

How is the President’s Directive translated from the First Amendment?

The first amendment applies to “government” entities, which include states and public institutions/universities such as the CSU. As a public institution, if the University opens up areas of the campus as a forum for speech, it may establish content neutral, time, place and manner directives related to the speech, which set rules for the “how” of the speech (where, when), but not regulate or censor what is said or permit or deny speech on account of the viewpoint expressed. The directives include this type of “content neutral time, place and manner” rules as to the "how."

Which types of speech are not protected by the First Amendment?

The Constitution guarantees freedom of speech by default, placing the burden on the state to demonstrate whether there are any circumstances that justify its limitation.

When it comes to controversial speakers delivering remarks on campus, the relevant exceptions to the First Amendment that have been established are:

• Speech that would be deemed a “true threat”: Speech that a person reasonably would perceive as an immediate threat to their physical safety is not protected by the First Amendment. For example, if a demonstrator yelled at an individual student and threatened a physical assault to the student, then such speech would not be protected.
• Incitement of illegal activity: There is no right to incite people to break the law, including to commit acts of violence. To constitute incitement, the Supreme Court has said that there must be a substantial likelihood of imminent illegal activity and the speech must be directed to causing imminent illegal activity. For example, a speaker on campus who exhorts the audience to engage in acts of vandalism and destruction of property is not protected by the First Amendment if there is a substantial likelihood of imminent illegal activity.
• Harassment in an educational institution aimed at an individual on the basis of a protected characteristic (race, gender, sexual orientation, religion); that is also pervasive and severe; is a direct or implied threat to employment or education; or creates an intimidating, hostile and demeaning atmosphere. For example, posting racist messages on the dorm room of an African American student would be regarded as harassment and not speech protected by the First Amendment.

What is "hate speech"? Is it illegal?

The term “hate speech” does not have a legal definition in the United States, but it often refers to speech that insults or demeans a person or group of people on the basis of attributes such as race, religion, ethnic origin, sexual orientation, disability or gender. While the university condemns speech of this kind, there is no “hate speech” exception to the First Amendment and it is only illegal if it falls into one of the categories described above. In fact, on many occasions, the Supreme Court has explicitly held that prohibitions or punishments for hateful speech violate the First Amendment.

Just because there is a First Amendment right to say something, however, doesn’t mean that it should be said. The First Amendment protects a right to say hateful things, but as a campus we strive to be a community where no one will choose to express hate.

If it is known that an event with a controversial speaker may lead to physical violence, is that legal grounds for the university to cancel the event?

The Supreme Court has made it clear that a public institution like CSUF cannot prevent speech on the grounds that it is likely to provoke a hostile response. Stopping speech before it occurs is called a “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 efforts by the campus there is a serious threat to public safety and no other alternative, a speaker’s event can be cancelled. This is a last resort, and never done based on the views of the speaker. The campus’s paramount need is to protect the safety of its students, staff and faculty.

Beyond the campus’s legal requirements, does CSUF believe in the value of all kinds of opinions and perspectives?

Absolutely. CSUF supports the notion of a “marketplace of ideas,” in which speech that a person disagrees with should be met with more speech that engages and debates it. 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.

As a community of educators free speech is important to CSU’s mission of teaching and learning. Many ideas now fundamental to our understanding of the universe and our place in it – such as evolution 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 speech of students.

Visits to CSUF by polarizing figures or groups can become violent when supporters and protesters clash. In these cases, how will the school protect students?

When there is a threat of violence in our community, the CSUF administration works closely with student affairs staff, University Police Department (UPD), and/or other groups to develop and communicate safety plans to the campus. Generally, we advise that if students see violence occurring, they should separate themselves from it, report what they see to police and follow police instructions. When events are occurring that have the potential to endanger students, UPD uses our emergency text and timely warning systems to keep the campus informed about developments in real time.

Additionally, CSUF offers many resources, including counseling services, for students who have been affected physically, mentally or emotionally by such events.

Certain controversial speakers have been known in the past to identify and condemn specific individuals, say for being transgender or undocumented. Is this grounds for cancelling a speaker’s visit?

Critical statements, and even the ridicule of individuals, are still largely protected by the Constitution. The law under the First Amendment is clear that the campus cannot exclude speakers on this basis. If the campus believed that a speaker was going to engage in speech that was directed at an individual and not protected by the First Amendment – such as by repeating statements that had been found to be defamatory or by revealing publicly very private facts about an individual – the campus will do all that it can to prevent this and to protect the person.

What legal actions can be taken if a speaker “outs” an individual?

CSU has clear and well established non-discrimination policies.  If this individual believes they have experienced discrimination by this “outing” they can file a complaint and the university will process the complaint to determine if discrimination has been established by the speaker’s comments or actions. Complaints can be filed through University Police, Title IX, and/or Human Resources and Diversity Initiatives.

How do First Amendment rights apply to events at public universities compared to events at private ones?

The Constitution, and its protection of rights, applies only to the government. Public universities are directly bound by the First Amendment to uphold the right to free speech. Because private schools are not state actors, those schools’ administrations may generally impose whatever restrictions they wish on speech or on visitors to campus. Additional laws may also guide their actions, however; in California, for example, a state statute says that private universities cannot punish speech that the First Amendment prevents from being punished in public universities.

Some universities, including public ones, have cancelled the appearances of polarizing and potentially violent speakers invited to their campuses. Why doesn’t CSUF do the same?

Several public universities have recently denied requests from white nationalist Richard Spencer to speak on their campuses, citing the violence in Charlottesville as cause to invoke prior restraint in the name of public safety. We are not aware of any public university that has cancelled an already scheduled appearance, or an invitation issued by a legally independent student group. It should also be noted that in previous attempts to block Spencer from speaking on campuses, he has sued those campuses and won. Lawsuits have already been filed against some of the public universities that recently denied Spencer’s requests.

Cancelling events must be a last resort to be used only when the campus, despite taking all reasonable steps, believes that it cannot protect the safety of its students, staff and faculty. Events can never legally be canceled based on the likely offensiveness of the speaker’s message.

What would happen if CSUF were to illegally cancel the talk of a speaker who was invited by a student group?

If CSUF were to illegally cancel the talk of a speaker invited by a student group, it could be sued by the speaker or by the student group. A court could issue an order requiring the campus to allow the speaker. The court could also potentially award monetary 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.

Does the university charge different fees for events hosted by various registered student organizations?

The University does not charge any venue-related fees due to a registered student organization’s invited speaker’s speech content.

Registered student organizations must abide by the appropriate policies and procedures for associated costs varying upon the venue, which may include a cost for basic event security, sound, equipment, etc.

What are the policies for amplified sound?

Any campus department, registered student organizations, or non-campus guest(s) with a reserved outdoor venue are expected to review and abide by the guidelines outlining the permitted use of amplified sound and/or noise-making devices. If you have questions about amplified sound for an outdoor reservation, please contact the Student Life & Leadership department at studentlife@fullerton.edu.

How can non-campus affiliated organizations reserve campus venues?

Non-campus affiliated organizations can work with any of CSUF’s venue reservation services such as University Conference Center or Student Life & Leadership. Non-campus affiliated organizations and/or individuals who wish to solicit or distribute literature, are highly encouraged to reserve a table on Titan Walk and submit a request with Student Life and Leadership. For more information visit: http://www.fullerton.edu/sll/guest/.

Will there be any CSUF official to help monitor outdoor free speech activities?

Yes – The “Quad Squad” is comprised of Student Affairs professional staff members, led and trained by Student Life & Leadership, who monitor outdoor free speech activities coordinated by students, registered student organizations, and campus visitors. It was granted the name of “Quad Squad” since many of the activities happen in the Central Quad. Guidance for the Quad Squad includes the First Amendment, President’s Directive Number 5, venue reservations guidelines, amplified sound policies, and time, place, and manner.

If someone is holding an event on campus, can I protest it?

Yes – activism is very much part of a marketplace of ideas, and we encourage sharing of opposing expression. The campus encourages all who engage in protest activity to do so safely. Below are some reminders for how to protest safely:

• Avoid activity that infringes on the rights of others, such as blocking and preventing the movement or access of others.
• Follow the lawful instructions of a police officer or public official, such as staying behind barricades, dispersing from an area declared an unlawful assembly, not resisting arrest. It is against the law to disobey a lawful order by a police officer.
• Leave the area where others are engaging in illegal activities and acts of violence. Your presence may be interpreted as participating in a riot or illegal group action. Staying overnight in a campus building after hours is prohibited.
• Refrain from speech that incites others to commit acts of violence such as pushing, kicking or spitting on others, destruction of property or other unlawful actions.
• Make informed decisions. If you choose to engage in civil disobedience and get arrested, know the potential consequences. See Dean of Students, Student Conduct for more information.

Can people who oppose a speaker’s message use their own freedom of speech to drown out the offending words?

No, freedom of speech does not give someone the right to drown out the words and speech of others; freedom of speech would mean little if the audience was able to silence anyone with whom they disagreed. Once a society starts down the path of condoning such de facto censorship, it creates the culture and conditions in which anyone’s rights of speech can be compromised.

How do time, place and manner restrictions relate to protest?

As discussed above in the section “What are ‘time, place and manner’ restrictions? How do they relate to controversial speakers?” the Supreme Court has said that public entities like CSUF have discretion in regulating the “time, place and manner” of speech. The right to speak on campus is not a right to speak any time, at any place and in any manner that a person wishes. These restrictions do not vary depending on the views or ideas being expressed; rather they are about ensuring that speech occurs in a way that does not disrupt the campus’s educational mission or endanger public safety.

View President’s Directives

Can I protest on campus?

Registered student organizations can host events responding to national or world events by completing the Event Submission Form on TitanLink to reserve a space and complete the event approval process, facilitated by Student Life & Leadership. Click here for more information on student organization event planning. If student organization leaders have questions about the event planning process, please reach out to Student Life & Leadership for guidance at studentlife@fullerton.edu.