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Freedom of Speech

Barstow Community College is committed to upholding every individual’s constitutionally protected rights to free expression, speech, and assembly.
The time, place, and manner in which these rights may be exercised are governed by Barstow Community College policies and procedures (BP/AP 3900).
 

First Amendment Protections


What’s Protected
The First Amendment to the US Constitution protects speech and expressive conduct from censorship by the government based upon its content.

There are very limited exceptions to this protection. Barstow Community College is a part of the government and may not censor speech based on its content.

 

What’s Not Protected
Unprotected speech generally falls into five categories:

  1. Defamation – false statements of fact about someone that tend to injure them or their reputation. Defamation is known as “libel” or “slander” if spoken. Persons who defame others can be sued for damages.
  2. Fighting words or Incitement to Violence – words by which their very utterance inflict injury or tend to incite an immediate breach of peace. They are personally abusive words, which, when addressed to the ordinary person, are, as a matter of common knowledge, inherently likely to provoke violent reaction.
  3. Incitement to Violence – words that are intentionally directed by the speaker to provoke a crowd to immediately carry out violence and unlawful action and is likely to produce that action. Examples of this type of speech include challenging another to fight in a public space, use of offensive words in a public place which are inherently likely to provoke an immediate violent reaction, inciting illegal violent activity, or calling a crowd to immediately burn down a building or vandalize a car.
  4. True threats – statements where the speaker intends to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals. The speaker need not actually intend to carry out the threat. Rather, a prohibition on true threats protects people from the fear of violence and from the disruption that fear engenders, in addition to protecting people from the possibility that the threatened violence will occur. The threat must be, on its face and under the circumstances in which it is made, so unequivocal, unconditional, immediate, and specific as to cause the person threatened to reasonably fear for their own safety or the safety of their immediate family.
  5. Obscenity – a legal standard that is difficult to meet and is rarely a basis to censor speech.


The following conduct is generally not free speech and may be disciplined or halted:

  • Willful disturbance of any lawful meeting (must substantially impair the meeting by intentional conduct in violation of implicit or explicit rules for meeting that the violator knew or should have known)
  • Fighting
  • Obstruction of a police office in the lawful exercise of their duties
  • Unlawful assembly and refusal to disperse
  • Vandalism and defacing someone else’s property
  • Disturbance by loud and unreasonable noise
  • Trespassing
  • Theft
BP 3900

The District is committed to assuring that all persons may exercise their constitutional rights protected under the First Amendment to the United States Constitution and Article I, Section 2, of the California Constitution. As an owner of property held in trust for the purpose of providing courses and programs at the community college level, the District reserves the right to limit the use of its facilities and grounds for the exercise of free speech and free expression consistent with the United States Constitution and the California Constitution. This policy, which is applicable to students, employees of the District, and members of the public, is intended to further the District’s substantial interests in: 

  1. protecting student health and safety;
  2. preventing substantial disruption of the learning environment and the orderly operation of District facilities;
  3. preserving District facilities for their intended use;
  4. coordinating multiple uses of limited space;
  5. preventing unlawful, dangerous, or impermissible uses of District facilities; and
  6. ensuring financial accountability for damages and litter caused by the use of District facilities for speech and advocacy purposes. The District President, or his or her designee, shall enact such administrative procedures as are necessary to reasonably regulate the time, place and manner of the exercise of free expression in the limited public forums.

The administrative procedures promulgated by the District President, or his or her designee, shall not prohibit the right 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 in those parts of the college designated areas generally available to students and the community, and the wearing of buttons, badges, or other insignia. This policy and administrative procedure are intended to be content neutral and viewpoint neutral, and shall be implemented as such.

 

Students and the public shall be free to exercise their rights of free expression, subject to the requirements of this policy. However, free speech rights are subject to reasonable time, place, and manner regulations. The District President, or designee, shall adopt regulations as are necessary to reasonably regulate the time, place, and manner of the exercise of free speech and free expression at the District’s colleges, facilities, and grounds.

 

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, the substantial disruption of the orderly operation of the District, or which violate College procedures on time, place, and manner of conducting the aforementioned activities. The District expressly disclaims the sponsorship and/or endorsement of any statements or activities of any student, person, or group utilizing the facilities or grounds of the District for speech and advocacy purposes unless there is a written document that is signed and authorized by the District President or designee, which expressly provides for District sponsorship and/or endorsement.

 

Nothing in this policy shall prohibit the regulation of hate violence, 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 and employees may be disciplined for harassment, threats, intimidation, or hate violence unless such speech is constitutionally protected. Members of the public that disrupt or impair campus functions, or that impede access to educational programming or facilities, may be excluded from campus in accordance with the procedures set forth in California Penal Code §§ 626-626.6.

AP 3900

The District President has enacted this regulation to implement and enforce Board Policy 3900 consistent with the First Amendment to the United States Constitution; Article I, Section 2 of the California Constitution; and Education Code sections 66301 and 76120.

The public, including students and employees of the District shall be permitted to exercise their rights of free expression, subject to the time, place and manner policies and procedures contained in Board Policy 3900 and these procedures, and including but not limited to bulletin boards, distribution of printed materials, wearing of buttons, badges, or other insignia, except that expression:

  • which is obscene or defamatory according to current legal standards;
  • which so incites others as to create a clear and present danger of imminent commission of unlawful acts on Barstow College property or of the violation of lawful Barstow College regulations or of the substantial disruption of the orderly operation of Barstow College;
  • which violates the Barstow College Posting Procedures described below.


The open, outdoor areas of the College is a traditional public forum available for the free exchange of ideas, subject to these time, place, and manner restrictions. The interior spaces of the College, including but not limited to classrooms, libraries, faculty and administration offices, and adjoining corridors, are non-public forum, except for the Performing Arts Center, which is a limited public forum subject to availability and access consistent with Board Policy and Administrative Procedure 6700. The District reserves the right to revoke that designation and apply a non-public forum designation at its discretion. All areas generally available to students and the community, as set forth above, may be temporarily reserved by the District, including recognized student organizations, for specific uses. The District will provide alternative areas to students and the community if certain spaces are reserved by the District.

The use of College public forum is subject to the following reasonable regulations relating to time, place, and manner of expressive activities:

  • Persons speaking and/or distributing material shall not impede the progress of passersby, nor shall they force passersby to take material.
  • No person engaging in expressive activities shall touch, strike or impede the progress of passersby, except for incidental or accidental contact, or contact initiated by a passerby.
  • Persons shall not use any means of amplification that creates a noise or diversion that disturbs or tends to disturb the orderly conduct of the campus or classes taking place at that time.
  • No persons shall solicit donations of money, through direct requests for funds, sales of tickets or otherwise, except where he or she is on behalf of an approved Associated Students Organization or clubs.
  • Any person or group using lawn areas that are generally available to students and the community at any District location may be excluded based on the reasonable maintenance needs of the District, including during watering or maintenance periods, including but not limited to times when the area may contain pesticides and/or fertilizers, until such time as it is relatively safe to use the lawn area.
  • All persons shall be allowed to distribute petitions, circulars, leaflets, newspapers, and other printed matter. Material distributed that is discarded or dropped in or around the campus grounds, other than in appropriate receptacles, must be retrieved and removed or properly discarded by those persons distributing the material.

 

Posting
Bulletin boards shall be provided for use in posting materials at campus locations convenient for public access. In addition to the requirements described below, all materials displayed on a bulletin board shall clearly indicate the author or agency responsible for its production and shall be stamped with the approval of the Student Life & Development Office.

  1. The Student Life and Development Office posts material twice each week (Tuesday and Friday.) Persons wishing to post their own materials may do so by checking out display case keys from the Student Life and Development Office.
  2. Information posted must meet minimum standards of legibility, artistic quality and good taste.
  3. Posters must be written in English or provide a complete English translation.
  4. A maximum of one flyer is permitted per bulletin board or display case.
  5. Posting shall not obscure previously posted materials.
  6. Persons or organizations posting materials are responsible for removing such items within two days after the event. If these items are not timely removed, future posting privileges may be denied.
  7. Any damage to Barstow College property in either placing or removing posters becomes the responsibility of the individual or organization placing the poster.
  8. Material must be posted in an approved site. A map of approved sites may be obtained from the Student Services Office.
  9. Light poles on Barstow College may be used for posting, as long as cellophane or masking tape is not used to secure the material to the pole. Material may not be posted or placed on painted walls, doors, or other surfaces; buildings; automobiles; sculptures; trash cans; planted garden areas; windows; bricks and sidewalks; trees and shrubbery; behind display cases; or in the Administration Building hallway.
     
  10. Stake Posting: Stake posting is permitted throughout the campus, provided they are waterproof. The stakes must be placed in the grass. Posters on stakes must be no larger than 11" x 17". A maximum number of 20 is allowed per event and must be numbered 1-20. Stakes must be pre-approved by the Student Life and Development Office and removed immediately following the event.
  11. Banners: A maximum of one 3' x 15' banner may be posted on the iron railing in front of the Norman Smith Center. Banners may advertise a Special Event (only and not regular club meetings. Banners must be approved for posting and removed the day after the event.
  12. Club Display Cases: Clubs are assigned a display case or bulletin board at the beginning of each academic year and are responsible for maintaining their individual display case or board.
  13. Sandwich Boards: Materials displayed on sandwich boards are permitted throughout the campus, except on the grass, and provided the boards do not block access to buildings or impede sidewalk traffic.
     

Postings that contain advertisements for illegal substances or materials as identified by the laws of the United States and/or the State of California, and/or explosive material of any kind, are prohibited.

 

Credit Card Solicitation
Barstow College shall not permit solicitation by credit card companies marketing “student credit cards” as defined in Civil Code Section 1747.02(m) on District owned or controlled property.

 

Violations and Disclaimer
The right of members of the general public to utilize District facilities may be revoked if they violate the provisions of Board policy and administrative procedures while utilizing District facilities. The disciplinary penalties and procedures set forth in the Student Code of Conduct (Board Policy 5500) are applicable to students for violations of the Board policy and are incorporated herein, except that no student shall be subject to disciplinary sanction solely on the basis of conduct that is speech or other communication that, when engaged in outside a District property, is protected by the First Amendment of the United States Constitution or Article I, Section 2 of the California Constitution.

The District disclaims any liability for any damages for any defamation alleged to be committed by any student or member of the public using District facilities, and disclaims any liability for damages for any violation of copyright, trademark, or service mark laws alleged to be committed because of any posting or distribution of material on campus. Nothing in these rules permitting speech and/or distribution of materials on District grounds shall be construed as requiring the District to provide any defense or payment of damages for defamatory statements made by any student, faculty, or staff member, or member of the public, nor shall these rules be construed as requiring the District to provide any defense or payment of damages for violations of copyright, trademark, or service mark laws.

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