Be Informed

United States Constitution

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” 

California Constitution

California’s Constitution provides that “[e]very 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.”

California Education Code

“Neither the Regents of the University of California, the Trustees of the California State University, the governing board of a community college district, nor an administrator of any campus of those institutions, shall make or enforce a rule subjecting a student to disciplinary sanction solely on the basis of conduct that is speech or other communication that, when engaged in outside a campus of those institutions, is protected from governmental restriction by the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution.” (Title 3, Chapter 5, Rules of Student Conduct)

Policy on Time, Place and Manner of Free Expression

Through this policy, the university seeks to foster and sustain a forum for the free, civil and orderly exchange of ideas, values and opinions, recognizing that individuals grow and learn when confronted with differing views, alternative ways of thinking and conflicting values.

The following are prohibited for all University Property, even Public Areas:

• No heckler’s veto.
• No camping.
• No overnight activity or remaining on campus during public "closure" hours.
• No temporary or permanent structures or barricades.
• No unauthorized vehicles.
• No disguises or concealment of identity.
• No firearms or weapons
• No fires or fireworks
• No explosive materials
• No ambushing or lying in wait
• No shooting projectiles
• No chemical sprays or laser pointers
• No human urination or defecation outside restrooms

University Posting Policy

The university operational posting guidelines inform how the university’s Time, Place, and Manner policy should be used with regard to posting banners, posters, flyers, brochures, external signs, indoor/outdoor digital monitor/sign content, etc., leading to a balance between event, program and activity publicity, and maintaining the appearance and brand identity of the campus environment. These guidelines govern temporary signs and posting for both internal and external campus environments.

Student Leadership and Involvement Center (SLIC)

Student organizations should work with their Student Life Advisor for support for event planning, tabling, and other policies and procedures for recognized student organizations.

Commercial Services

Commercial Services approves and issues permits to appropriate vendors that provide the campus with products and services that best fit the campus needs.

Facilities Reservations & Rentals Policy

Cal State East Bay rents facilities to various types of organizations such as profit organizations, non-profits organizations, campus affiliates, and use for campus instructional use. The Office of Reservations and Rentals is the primary point of contact for meeting and event planning on the Hayward campus. 

Policy on Alcohol and Other Drugs

The California State University, East Bay Policy on Alcohol and Other Drugs serves the entire University community and provides clear, consistent and constructive guidelines for the responsible use of alcohol.

There are five freedoms in the First Amendment of the United States Constitution: freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and freedom of petition. While most speech is protected, some situations may not be such as speech that promotes and incites violence or harm, threats, libel and slander, obscenity, and harassment.

Generally, yes, as Cal State East Bay is a public institution. That said, the time, place, and manner policy does provide that certain forms of disruption to classwork, substantial disorder, or invasion of the rights of others are not guaranteed under the first amendment. The university can impose reasonable restrictions to preserve the safe and orderly operation of the campus.

Protests and civil disobedience have played an historic role on university campuses, in bringing important and beneficial changes within society, and in the development of our democracy. However, civil disobedience is not protected speech under the Constitution. For example, if protesters occupy a campus building or disrupt classes, they may be subject to the student code of conduct as well as criminal action. It’s important to be aware of the campus policies so that you understand consequences for actions.

As defined by Britannica.com, academic freedom is the “freedom of teachers and students to teach, study, and pursue knowledge and research without unreasonable interference or restriction from law, institutional regulations, or public pressure.” For more information on "academic freedom" see American Association of University Professors.

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 Cal State East Bay condemns speech of this kind, there is no “hate speech” exception to the First Amendment; however, “hate crimes” may be regulated by law.

The University defines harassment as “unwelcome conduct, based on the Complainant’s Protected Status, that is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the Complainant, and is in fact considered by the Complainant, as limiting their ability to participate in or benefit from the services, activities or opportunities offered by the University.” Additional information can be found at the Title IX/DHR page. 

If you believe you have experienced a violation of the Campus Regulations, the Office of Student Conduct, Rights & Responsibilities provides advice and guidance to students on answering questions and resolving concerns about their rights, as well as informal and formal grievance procedures.

If you believe you have experienced discrimination and/or harassment you should report this to the Title IX/DHR Office immediately.

Discrimination of an individual or class of individuals as articulated in State of California, federal, and CSU laws, rules, regulations, guidelines, and executive orders is prohibited if based upon:

• Race/Color/Ethnic Identity
• National origin/Ancestry
• Age
• Marital Status
• Gender/Sex (including sexual harassment)
• Gender Identity/Expression
• Sexual Orientation (actual or perceived)
• Genetic Information
• Medical Condition
• Religion
• Military/Veteran Status
• Pregnancy
• Disability

Yes, we encourage expression in protest of other 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 the Office of Student Conduct, Rights & Responsibilities  for more information.

At campus events, 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. Counter demonstrations, programs, or engaging in critical dialogue with “more speech” may be additional options to consider.

• Yes! Cal State East Bay 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.