The following is the latest free speech policy. Please review and send your feedback to:
bbalthaser1 [at] gmail.com
carol.irene.southworth [at] gmail.com
taracake [at] gmail.com
A downloadable version of this MS Word file (.doc) can be found here:FreeSpeech
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POLICY ON SPEECH, ADVOCACY AND DISTRIBUTION OF LITERATURE ON UNIVERSITY PROPERTY
I. PREAMBLE
II. POLICY
III. LIBRARY WALK USE POLICY AND PROCEDURES
IV. APPENDIX I: OPTIONAL RESERVATION PROCEDURES
I. PREAMBLE
The University is dedicated to the dissemination of information and ideas, and the presence of engaged scholarly, cultural, and political debate. The ability of members of the University community and community at-large to engage in free speech activity at the site of a large public campus is central to its mission. Of all social institutions in a free country, the University has a special responsibility to promote an open atmosphere, and is a special concern of the First Amendment.
The University also recognizes that a function of free speech is to invite dispute that can result in unrest, anger, and discord. While disagreement may be regrettable, we recognize the far greater danger of attempting to outlaw or curtail free speech activities to the health of a lively, and democratic institution.
To this end, this speech policy is designed to be broad, flexible, and acknowledge the historic meaning of free speech, while also preserve the research, teaching, and public service functions of the University.
The University sees this policy as applicable to all members of the University community and community at-large, and in areas of speech, distribution of literature, common gathering, political activity, or any other first amendment activity broadly construed. In all matters pertaining to speech, advocacy, and the First Amendment, the University understands this policy shall be the primary reference.
II. SECTION IX- OUTDOOR SPACE
1. Free Speech and Advocacy
The University grounds, defined as plazas, open courtyards, sidewalks, paths, walkways, grassy and wooded areas, are open to the public and all persons may exercise the constitutionally protected rights of free expression, speech, assembly, worship and distribution of non-commercial literature. Members of the public may exercise these rights as long as there is no conflict with a group who reserved the space previously, if such space is open for reservation. For details on the optional reservation system, please see Optional Reservation System outlined in Appendix 1.
UCSD has an obligation to maintain conditions conducive to the conduct of University business in a free and open manner. The exercise of free speech on campus must also comply with local, federal, and state law, and ensure that research, teaching, and public services of the University may continue. Any sustained, material disruption of the teaching, research, or public service function of the University may subject to regulation and/or prohibited.
The time, place, and manner of exercising expression and advocacy is subject to the regulations that provide for the noninterference with University functions, and reasonable protection to persons against practices that cause bodily harm, or otherwise infringe upon the legally defined rights of others. Regarding time, place, and manner restrictions, the University has an obligation to show legitimate cause to enact any regulation, and such restriction must be enacted in the least restrictive manner possible. Each member of the University community shares in the responsibility of maintaining conditions conducive to the achievement of the UCSD principles of community.
Individuals and organizations may not in any way represent that their activities are endorsed, sponsored, or sanctioned by the University without the express written consent of an authorized University official. The group and its members are wholly responsible for their activities, on- or off-campus. The university does not provide liability insurance coverage for student organizations and their activities. Any individual or group of individuals participating in or conducting organization activities does so voluntarily and at its own risk.
2. Outdoor Programmed Events
The University encourages outdoor programmed events. Refer to Optional Reservation System in Appendix 1. For Library Walk protocol, please refer to Library Walk Policy.
3. Amplified Sound
While the University wishes to encourage outdoor events and demonstrations, given the academic,
residential, and administrative functions that occur adjacent to open University grounds, some
restrictions may be applied to the use of amplified sound. Such restrictions must also be balanced
by legal protections for 1st Amendment activity, and shall not prevent the meaningful exercise of free-
speech.
This restriction is designed to allow the ongoing conduct of University business, while also allowing
non-commercial speech to be meaningfully heard. Amplified sound for non-commercial speech may
reach 85 decibels before it may be regulated or prohibited (measured at 50′), or 10 decibels above the
ambient-noise level, whichever is greater. If a demonstration or event is willing to comply with the
ordinance after fair warning, the University may not prohibit the demonstration or event for violation
of this ordinance.
In addition to the level of the ambient noise, the University shall keep in mind time of day, location,
context, duration, the proximity to sleeping facilities, and whether the sound is recurrent, intermittent,
or constant, in determining whether to apply the ordinance.
C. Student Representation Policy
If any changes are to be made to this or any other section of PPM, there shall be student representation on the committee(s) created to administer and form the policy in question. Student representatives shall be selected by Associated Students and the Graduate Student Association. Any final changes made to this or any other section of the PPM will also be subject to AS, SAAC and GSA council approval.
SECTION XII - THE DISTRIBUTION, POSTING, AND EXHIBITING OF LITERATURE ON UNIVERSITY PROPERTY
A. Application and Scope of Policy
This policy applies to all distribution, posting, and exhibiting of literature on campus property. The purpose of this policy is to protect free expression of non-commercial campus affiliates and non-affiliates in their ability to distribute, post and exhibit literature on campus. The University will not restrict distribution, posting, or exhibiting of non-commercial literature unless its distribution violates state or federal law or constitutes a violation of University policy, as stated in this document. Content of Material UCSD does not endorse the content of posted, distributed or exhibited literature on its property. However, except as described in Subsections B.2.b. and c., below, the University will not restrict distribution, posting, or exhibiting of non-commercial literature based on its content unless its distribution violates state or federal law or constitutes a violation of University policy, as stated in this document. The University is not responsible or liable for the views and actions of affiliates and non-affiliates who fall into this section of the policy.
B. Related Policies
HYPERLINK “http://adminrecords.ucsd.edu/ppm/docs/510-1.10.HTML” Section X of this PPM contains the policy relating to Use of University Properties for Commercial Purposes which governs distribution of commercial literature. Also, see PPM 200-12 for policies and procedures relating to Employee Organizations as defined under HERRA.
C. GENERAL POLICY PROVISIONS
1. Distribution
Non-commercial literature may be distributed on University grounds open to the public generally, as long as such activities do not materially disrupt the orderly operation of the campus or an another individual’s right to exercise the same right.
2. Posting General
This section of PPM 510 shall govern all outdoor public space at UCSD. Approval or prior restraint is not required for posting any materials that are in compliance with this section.
3. Events
Certain areas are reserved for posting of flyers, posters, and/or banners announcing campus events. Use of these areas for posting of event announcements requires compliance with procedures set forth in Section C. Posting Procedures, below. These areas are identified in HYPERLINK “http://adminrecords.ucsd.edu/PPM/docs/510-1.12.HTML” \l “Supplement” Supplement I of this policy.
4. Special Purpose Areas
Certain areas may be reserved for posting of certain special-purpose notices (such as ride boards or housing information). Use of these areas is generally subject to regulations and procedures described at the location. All applications for the use of these areas will be reviewed and accepted/rejected within 3 days. If rejected - a clear set of reasons for such decision, which rectified, will allow the posting of literature by the individual/group.
5. Student Residences
Posting on exterior balconies or railings of apartment rooms or dormitory suites is not prohibited. This policy does not restrict posting of material inside student dormitory bed rooms or on the inside of exterior-facing dormitory room windows, except that postings inside dormitory bed rooms or on the inside of exterior-facing dormitory bed room windows or doors may not interfere with the operation of doors or windows or otherwise endanger health or safety. This policy also does not restrict posting of material in common living areas not open to the general public of apartments or dormitory suites, provided that none of the residents of adjoining rooms with access to the common area object to the material. Any material posted in the common area of apartments or dormitory suites must be removed in the event that any resident of an adjoining room with access to the common area objects to the posting of such material.
6. Student Governments
Postings on or within kiosks and bulletin boards maintained by the duly established campus student governments such as the GSA, ASUCSD, and college councils, must be approved and posted by the designated representative of the respective student government.
7. Outdoors
Posting on plants, trees, or in any way that causes harm to buildings, grounds, or open spaces is prohibited.
III. LIBRARY WALK USE POLICY AND PROCEDURES
A. PREAMBLE
1. The purpose of the Library Walk Policy proposed herein is to protect the rights of individuals and groups using the space, as well as to make sure University business is able to be carried out. The policy put forth here shall not be used to limit or restrict expression or speech activities taking place in Library Walk, which is understood by the campus community as the most visible area of campus for groups and individuals to obtain attention from the campus community. Specifications are solely to provide safety and the fair treatment of all members of the community using the Library Walk space.
The UCSD Library Walk (Library Walk) is a space open to the public generally as an access way for transitory use, as defined herein. It is also an event programming space. In addition, the Library Walk is a campus fire lane providing required access for emergency vehicles to buildings along its length. As a fire lane, 20 feet of the entire width of the Library Walk must be clear of obstructions at all times. To maintain proper fire-lane width, space for Events may be reserved on Library Walk for two options only:
a. Along one side of the Library Walk and extend in the Library Walk up to 10 feet from the edge of that side of the walk
b. Along both sides of Library Walk but extend only up to 5 feet from the outer edge of each side of the walk. To maintain proper fire-lane width, Events and Information Tables shall not be permitted on the eastern side of Library Walk along the entire length of the western side of Center Hall. At this location, Events and Information Tables are restricted to the space on the western edge of Library Walk and must be at least 26 feet from the west side of Center Hall.
B. AUTHORITY
The University Centers is not delegated the authority to manage the use of Library Walk. It applies to everyone, including but not limited to the campus community. Please refer to Appendix 1 for an outline of the Optional Reservation System, which applies to Library Walk as well as all University grounds.
C. DEFINITIONS
1. Library Walk
The UCSD “Library Walk” shall be defined as the cement walk extending from the northern edge of the sidewalk adjacent to Gilman Drive at the south end to the last dentil immediately adjacent to the southern edge of the Silent Tree Crossing in front of Geisel Library on the north end.
2. Events and Demonstrations
An Event is defined as any use of Library Walk that involves activities needing space for freestanding equipment or structures or selling or distrubution of food or beverages. This includes but not limited to freestanding sound amplification, vehicles or generators, any sales or commercial activity, use of paid staffing, or open flames.
A Demonstration is defined as an assembly or transient group of citizens participating in expression or speech activity. A Demonstration can be passing through or stationary in the form of a sit-in, but a Demonstration as defined here is a group that is able to move all of its members and hand-held equipment quickly in the case of an emergency. If structures or vehicles are involved, such an assembly will be defined as an event.
3. Transitory Use
The term “Transitory Use” as used in this policy means the use of a designated space for pedestrian access, resting temporarily, socializing and other legal activity. This includes but is not limited to freedom of expression, speech, assembly, worship and distribution and sale of non-commercial literature that does not include any freestanding equipment or structures.
D. GENERAL POLICY PROVISIONS
1. Transitory Use
Reservations are not required for Transitory Uses of Library Walk, including but not limited to Demonstrations.
2. Non-Transitory Use
Non-Transitory Uses of Library Walk do not need reservations, however because of the limited space available, groups are strongly encouraged to reserve space in order to ensure they have access to the area they need. In the case that a reservation is made, the group who reserved the space will have precedence over any other groups or individuals who want to use to space. The other groups or individuals will be asked to leave the space in question or move to a different area.
3. Clear and Present Danger
In accordance with state and federal law, events may not include any activities that present a clear and present danger to the campus community.
IV. APPENDIX 1: OPTIONAL RESERVATION PROCEDURES
A. Purpose of Reservations
The purpose of the Reservations system is to facilitate organizations and individuals who wish to guarantee space for events or demonstrations, due to limited space available in high demand areas such as Library Walk. The Reservations system will not be used as a means to control, prevent or limit demonstrations or expression activity
B. Reservations
Only one reservation can be made per group per day. While reservations are optional and not mandatory, any group with a reservation has priority for the use of the space reserved.
C. Events
1. If an event includes the sale of goods, food, or involves any free-standing structures (besides a single table no larger than 70” wide by 30”) including: additional tables, canopies, tents, carts, booths, stages, fences, displays, games, freestanding amplified sound equipment, lighting equipment, and audio-visual equipment, a reservation must be made prior to the event’s occurrence.
2. Depending upon Event logistics, other UCSD approving authority signatures may be required such as, but not limited to, UCSD Environmental Health & Safety, UCSD Fire Marshal, and UCSD Police. The appropriate approving authorities in this section shall inform the Event sponsors of the additional signature approval requirements after receiving all logistical details for the event.
3. At a minimum, the logistical details required for an food / sale / free-standing structure event shall include all relevant information regarding:
a. Admission fees if admission will be charged or fund raising or the solicitation of monetary donations if it is proposed to take place.
b. Any activities involving promotion or sales of any commercial goods or services (including food and beverage sales).
c. The use of free-standing amplified sound, lighting, or audio-visual equipment, distribution of any food, beverage or alcohol.
d. The proposed use of open flames (including candles and torches).
e. Paid staffing (i.e. security, ushers, coaches, event assistants).
f. Vehicles, generators and other motorized equipment.
g. A diagram of the size and location of all freestanding structures, including but not limited to tables, tents, carts, booths, stages, fences, displays, games, amplified sound equipment, lighting equipment, audio-visual equipment, generators and vehicles.
h. All freestanding structures must be located within the space assigned to the event so as not to interfere with the minimum 20-foot wide fire lane.
i. To change reservation space, groups must fill another Optional Reservation Form and cancel their first, so as to only reserve one space per day per group.
D. COMMERCIAL USE
Any person, department, administrative unit or campus organization hosting a
Table or Event for commercial purposes is required to comply with UCSD PPM 510 1 Section X in addition to the policies and procedures set forth herein.
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Again, please direct feedback to:
bbalthaser1 [at] gmail.com
carol.irene.southworth [at] gmail.com
taracake [at] gmail.com
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