Further Reading/Viewing

• Free Speech Center at the University of California
• First Amendment Watch
• American Council on Education
• National Center for Free Speech and Civic Engagement
• Freedom of Speech? A Lesson on Understanding the Protections and Limits of the First Amendment - NY Times
• Free Speech and Inclusion on Campus: A Discussion Guide - Institute for Democracy and Higher Education at Tufts University
• A Tale of Two Arguments about Free Speech on Campus - AAUP Academe
• Speech on Campus - ACLU

When Free Speech is Not Protected

Speech is generally protected except:

• Speech that incites actual violence or harm
  • Speech is not protected when it is "directed to inciting or producing imminent lawless action" and is "likely to incite or produce such action." General advocacy for violence in the future will not lose First Amendment protection.
• Fighting words
  • Fighting words require a direct, face-to-face target and immediate breach of the peace. The words make it clear that violence is imminent. General profanities and insults alone are not fighting words. 
• True threats
  • A true threat exists where a reasonable person would view it as a serious intent to harm and there is the prospect of immediate execution. Example: A statement by someone that they're going to bomb an airplane.
• Defamation
  • Speech which is untrue and damages a person's good name, character or reputation. Slander is spoken and libel is written. 
• Obscenity/child pornography
  • Work, taken as a whole, appeals to the purient interest; is patently offensive in light of community standards; and lacks serious literary, artistic, political or scientific value. Extremely subjective. Sexual expression that is indecent but not obscene is protected.
• Severe harassment
  • Harassing speech is not protected when it creates a hostile educational environment. Severe or pervasive and undermines and detracts from the victims' educational experience. Causes the victim to be effectively denied equal access to an institution's resources and opportunities.
  • Offense and disruption are not enough.
  • The speech must genuinely interfere with a reasonable person's ability to participate in the educational process.
• False advertising
  • Untrue or misleading publications concerning the performance of property or services.
  • Not for the campus to determine unless it involves campus marks, rights, or interests.
• The use of public resources for partisan politics
  • Cal Poly Pomona and any CSU may not use public funds to promote partisan positions in election campaigns.
  • Public funds includes money and resources.

Free Speech and Inclusion at CPP

CPP is committed to the freedom of expression and committed to the fostering of inclusive and welcoming learning environments on campus.

Free speech is powerful – it can inspire, motivate and lead to change and innovation. Depending on the message, it can also be extremely hurtful and hateful. Our speech could potentially have a negative effect on those around us, even though we have the right to free expression and even if we meant well with our intentions. With that, campus community members are encouraged to reflect on the impact their message can have.

When there is speech that may be considered offensive or wrong, the best solution is often more speech instead of less. Some may think it is easier to cancel or silence speakers, but students are always encouraged instead to form a better response and debate, refute or engage in civil conversation with opposing ideas.

Limits to Free Speech

Student Protests - Then and Now

Offensive Speech on Campus

Campus Speakers