BP 3900 Speech: Time, Place and Manner - Board Policies, Chapter 3 General Institution

(previously numbered as BP 5550)

  • Reference: Education Code Sections 76120 and 66301
  • Board Approved: 11/09/05
  • Amended: 02/09/11, 01/15/14

Students, employees, and members of the public shall be free to exercise their rights of free expression, subject to the requirements of this policy.

The college of the District is a non-public forum, except for those areas that are generally available for use by students, employees, or members of the public, which are designated public forums. The President/Superintendent shall enact such administrative procedures as are necessary to reasonably regulate the time, place and manner of the exercise of free expression in the designated public forums.

The administrative procedures promulgated by the President/Superintendent shall not prohibit the right of students to exercise free expression, including but not limited to the use of bulletin boards designated for such use, the distribution of printed materials or petitions, and the wearing of buttons, badges, or other insignia.

Speech shall be prohibited that is defamatory, obscene according to current legal standards, or which so incites others as to create a clear and present danger of the commission of unlawful acts on District property or the violation of District policies or procedures, or the substantial disruption of the orderly operation of the District.

Nothing in this policy shall prohibit the regulation of hate violence directed at students in a manner that denies their full participation in the educational process (Education Code Section 66301(e)), so long as the regulation conforms to the requirements of the First Amendment to the United States Constitution, and of Section 2 of Article 1 of the California Constitution. Students may be disciplined for harassment, threats, intimidation, or hate violence unless such speech is constitutionally protected.

See Administrative Procedures #3900.