Freedom of Expression and Time, Place and Manner Policy

Sections on this page:

• About the Policy
• Policy Highlights
• Full Text of Policy
• Frequently Asked Questions

About the Policy

It is the policy of San José State University (SJSU or University) to ensure that all members of our campus community are able to fully exercise their constitutional rights to free expression and peaceful assembly. As an institution of higher education, SJSU serves as a physical and virtual forum for the free exchange of ideas through discussion and debate that manifests itself in a variety of forms, including speeches, written materials, rallies, signs, online posts, and artistic representation, among many others.

This Presidential directive provides guidance to our campus community and guests regarding the ways in which they can express their rights through the use of campus facilities — physical and virtual — and other resources, while providing campus community members with guidelines for limiting speech that incites threats to public safety or severely inhibits the educational goals of SJSU.

This directive applies to students, faculty, staff, administrators, student organizations, campus affiliated organizations, and other off-campus guests such as groups or persons while utilizing virtual spaces controlled by SJSU and on campus grounds, including commercial vendors or solicitors as well as contractors, consultants, and service providers.

This directive should not be viewed in isolation, but should be considered together with other federal and state laws, regulations, and CSU policies, which will be noted where applicable in this directive, and can be provided upon request.

Except where noted and/or where other policies are incorporated by reference, this directive is intended to be the controlling document with regard to the University’s Time, Place, and Manner limitations on freedom of speech and artistic expression activities, including but not limited to, assemblies, events, marches, demonstrations, display or distribution of published materials, non-commercial transactions and solicitation, handbills and circulars, amplified sound, digital display, and commercial filming and photography.

Guidelines associated with the reservation, permitting, and use of all facilities and outdoor spaces on lands owned by the campus are managed by campus entities designated by Student Involvement, Event Services, and Facilities Development and Operations.

The President delegates responsibility for implementation of this policy to a university designated official. All questions may be directed to the Office of the President.

Policy Highlights

• Freedom of Speech and Artistic Expression Statement

  • Freedom of expression is a cornerstone of a democratic society and is essential to the educational process. Universities have a special obligation not only to tolerate but also to encourage and support the free expression of ideas, values, and opinions, even where they may be unpopular or controversial. SJSU accepts and embraces this obligation, recognizing that such expression may take a variety of forms. 

    Freedom of expression activity includes, but is not limited to, pure or symbolic speech (e.g. wearing armbands, silent protests, flag waving, etc.), assembly, meetings, demonstrations or rallies, picketing, petitioning, distributing flyers, mime and theater, music and singing, survey research, and religious or political activity.

    The free exchange of information and ideas, whether in physical or virtual settings, is part of the foundation of a free and democratic society. The University shall ensure that individuals and groups are afforded latitude in exercising the right of free expression and that their constitutionally protected right to free expression is not abridged. Similarly, academic freedom (a sub-component of freedom of speech), being a central principle of SJSU and universities in general, shall be upheld and defended in order to provide for a healthy teaching and research environment.

• Freedom of Expression and Hate Speech

  • There is no legal definition of “hate speech,” and it is not a category of speech that the courts have found to be outside  First Amendment protection. In fact, the courts have made it clear that no one has a constitutional right to not be offended by speech. For this reason, what some may label “hate speech” is generally as fully protected as any other form of protected speech. The exception is speech (or expressive conduct) that violates the law or CSU policy. Hate crimes are regulated under both state and federal law, and certain types of speech may violate CSU policy. If you believe a hate crime has occurred, you should contact the University Police Department, and if you believe there has been a violation of CSU policy prohibiting discrimination or harassment, you should contact the University’s Title IX Coordinator or Discrimination, Harassment, and Retaliation (DHR) Administrator.

    Learn more about the free exchange of information and ideas at SJSU, including academic freedom, tolerating different points of view, the right of political association, and the prohibition on using  public funds for campaign activity, by viewing the full text of the policy [pdf].

• Time, Place and Manner Limitations

  • Freedom of expression, however, is not an absolute right. It coexists with other rights and the need for public order. To ensure that the exercise of the right of free expression does not interfere with University functions, imperil public safety, or obstruct or damage university facilities, the University will establish and enforce campus regulations regarding the Time, Place and Manner of the exercise of free expression by individuals and groups.

    Learn more about reasonable Time, Place and Manner limitations on the use of public forums for expression activities in the full text of the policy [pdf] and as highlighted on this page.

• Time Limitations

  • Freedom of expression activities are generally permitted daily from 7 a.m. to 10 p.m. unless otherwise stated.

• Place Limitations

  • Freedom of expression activities may take place on University campus except within parking lots and garages, and provided such expression does not disrupt any location in which University business is conducted, including instructional, educational, cultural/art, or other curricular or co-curricular programs and/or University essential business operations, such as Student Health, Financial Aid, Counseling, and the Registrar, among others. This provision extends to virtual spaces, as well.

    Popular locations for freedom of expression activities include but are not limited to: Tower Hall Lawn (Smith/Carlos Statue); Arch of Dignity, Equality and Justice/César Chavez Monument; Paseo de Cesar E. Chavez; MLK/Caret Plaza.

    Freedom of expression activities must be conducted in a manner that:

    1. Shall not interfere with or obstruct the free flow of pedestrian or motorized or non-motorized vehicular traffic;

    2. Shall not interfere with or disrupt the conduct of University essential business operations;

    3. Shall be carried out without creating excessive noise;

    4. Shall not unreasonably interfere with classes in session, including virtual instruction, or other scheduled academic, educational, cultural/arts programs, curricular and/or co-curricular (such as career fairs);

    5. Shall not promote an unlawful end, such as promoting actual threats of violence or bodily or property harms, defamation, obscenity, and false advertising;

    6. Shall not include unauthorized entry to, possession of, or use of any University services, equipment, resources, or properties -- virtual or physical, including the University’s name, trademark, branding or logos; and

    7. Shall not violate any federal, state or local code, including those regulations set by the State Fire Marshal or Campus Deputy Building Official.

    In general, persons using outdoor areas generally available to students and the community are allowed to distribute petitions, circulars, leaflets, newspapers, and other printed matter. Individuals or groups distributing materials in these areas, other than material discarded or dropped in appropriate racks, shall retrieve and remove such materials, prior to their departure from the areas that day.

• Violations

  • Violations of this directive constitute a violation of University regulations, and applicable statutes and regulations. University disciplinary action against University community members alleged to have violated this directive and procedure shall be in conformity with the SJSU Student Conduct Code [pdf], and/or applicable collective bargaining agreements and University policies. Violations may result in removal of the offending party or parties from the campus, as well as possible loss of further use of campus facilities and grounds as well as disciplinary action, as applicable. Non-campus affiliated groups or individuals may also have their future privileges revoked [Section 626 et seq. of the Penal Code]. 

    View full details in the full text of the policy [pdf].

Full Text of Policy

The Freedom of Expression and Time, Place and Manner Policy is a Presidential directive beginning on January 1, 2024 and will be reviewed and updated periodically by the President’s designees.

Download the full policy [pdf]

Frequently Asked Questions

• Why is freedom of expression not considered an absolute right?

  • Freedom of expression is not an absolute right. It coexists with other rights and the need for public order. To ensure that the exercise of the right of free expression does not interfere with University functions, imperil public safety, or obstruct or damage university facilities, the University will enforce campus regulations regarding the Time, Place and Manner of the exercise of free expression by individuals and groups.

    Reasonable Time, Place, and Manner limitations on the use of public forums for expression activities are permissible, provided that they are carefully designed to (1) coordinate the appropriate use of a particular location for speech activities, remain viewpoint-neutral, and not to prohibit particular forms of expression; (2) “serve a significant government interest” and are not more extensive than necessary to serve that interest; and (3) “leave open ample alternative channels for communication of the information.” They must be clear and specific enough to place the public on notice as to exactly what is authorized and what is forbidden. Such limitations apply to students, staff, faculty, and non-affiliates engaging in expression activities.
    
    Additionally, there are limitations to freedom of speech when that speech incites, threatens and defames, but these limits are narrow and strictly prescribed.

    Reviews of freedom of speech activities are viewpoint neutral and pursuant to narrow, objective, and definite standards that do not involve the exercise of judgment or formation of an opinion concerning the content. A governing body containing designated representatives from Student Affairs, Student Union Administration, Academic Affairs, the Office of Diversity Equity and Inclusion, and Facilities Development and Operations will share oversight of approvals for freedom of expression activities on campus.

• How will the University enforce campus regulations regarding Time, Place and Manner of the exercise of free expression?

  • Guidelines associated with the reservation, permitting, and use of all facilities and outdoor spaces on lands owned by the campus are managed by campus entities designated by Student Involvement, Event Services, and Facilities Development and Operations.

    Violations of this directive constitute a violation of University regulations, and applicable statutes and regulations. University disciplinary action against University community members alleged to have violated this directive and procedure shall be in conformity with the SJSU Student Conduct Code and/or applicable collective bargaining agreements and University policies. Violations may result in removal of the offending party or parties from the campus, as well as possible loss of further use of campus facilities and grounds as well as disciplinary action, as applicable. Non-campus affiliated groups or individuals may also have their future privileges revoked [California Penal Code, section 626 et seq.].

    Furthermore, the University Police Department has authority to ensure protection of freedom of expression and constitutional rights, participant safety, and, if needed, to implement dispersal procedures only when participants have exceeded the limits of their constitutional rights or exceeded the general limitations of this directive.

• Can I express my personal political views at an event, or must I remain neutral?

  • It is our obligation as a university that free speech is honored and protected. It means that any opinion can be voiced and evaluated on its own merits. It means that students will be exposed to new and challenging ideas. It means that we will encourage and support robust and civil debate, which respects and presents different viewpoints.

    It is important to actively listen, and engage respectfully and productively. You may not always agree with - or like - what somebody is saying. In fact, it may offend you deeply at times. Listening and then respectfully stating your point of view is a way to have a calm and collected conversation about any topic.

    Read more about Free Speech at SJSU.

• Where can we host an event for freedom of expression activities?

  • Popular locations for freedom of speech activities include but are not limited to: Tower Hall Lawn (Smith/Carlos Statue); Arch of Dignity, Equality and Justice/César Chavez Monument; Paseo de Cesar E. Chavez; MLK/Caret Plaza.

• How can I complain about offensive or disrespectful freedom of speech activities or materials?

  • Contact the responsible organization or individual to address their objections.

    You may also contact Student Involvement, Event Services, and Facilities Development and Operations for complaints regarding reservation, permitting, and use of all facilities and outdoor spaces on lands owned by the campus.

    If you believe a hate crime has occurred, you should contact the University Police Department, and if you believe there has been a violation of CSU policy prohibiting discrimination or harassment, you should contact the University’s Title IX Coordinator or Discrimination, Harassment, and Retaliation (DHR) Administrator.

• What consequences could an individual or group face if they violate the Time, Place and Manner regulations?

  • University disciplinary action against University community members alleged to have violated this directive and procedure shall be in conformity with the SJSU Student Conduct Code, and/or applicable collective bargaining agreements and University policies. Violations may result in removal of the offending party or parties from the campus, as well as possible loss of further use of campus facilities and grounds as well as disciplinary 6 action, as applicable. Non-campus affiliated groups or individuals may also have their future privileges revoked [Section 626 et seq. of the Penal Code].

• If I’m holding a march or protest on campus, how do I notify the campus? 

  • To ensure that the orderly and peaceful flow of campus business and activities will not be disrupted, all affiliated and non-campus affiliated organizations or individuals wishing to engage in freedom of expression activity must contact Student Involvement, Event Services, or Facilities Development and Operations for more information on scheduling the time and location of such an event in advance. Advance notice will prevent a conflict with teaching and learning activities or a special campus or student event that may already be scheduled and will take precedence. Life/physical safety issues (e.g., water main/power line breaks and the like), shall be the sole bases for declining to schedule free expression activity that otherwise adheres to this directive.

    To address public safety issues (routes of march, necessary public safety staffing, etc.), groups contemplating holding public assemblies, marches or demonstrations are expected to notify Student Involvement, Event Services, or Facilities Development and Operations for implementation of this policy 72 hours in advance of the event. 

    If facilities or equipment are required for any assembly, march, or demonstration, formal scheduling protocols must be followed in addition to notifying Student Involvement, Event Services, or Facilities Development and Operations in advance. Procedures for reserving facilities or equipment for campus events can be found at Facilities Requests.

    The University Police Department has authority to ensure the protection of freedom of expression and constitutional rights, participant safety, and, if needed, to implement dispersal procedures only when participants have exceeded the limits of their constitutional rights or exceeded the general limitations of this directive.

• What if I want to have amplified sound at my freedom of speech activity?

  • Amplified sound is defined as any sound that is broadcasted through electronically amplified equipment or sound that is electronically enhanced during freedom of speech activities and events. Additionally, amplified sound may include sound that is enhanced with the aid of a device such as a megaphone, and similar sound or voice amplification devices. This directive does not pertain to events that take place inside the Provident Credit Union Event Center at SJSU.

    Activities involving amplified sound are permitted in specific reservable areas on weekdays from 11:00 am to 2:00 pm and 4:00 p.m. to 9:00 p.m. Monday through Friday, and from 11:00 a.m. to 10:00 p.m. on weekends.

    If you are planning a freedom of speech activity and have questions or concerns, please contact Student Involvement, Event Services, or Facilities Development and Operations 72 hours in advance.

• What size can my flyers, posters, banners be to post on bulletin boards promoting my freedom of speech activity?

  • Posters, banners, and flyers must not exceed 11" x 17" and only one poster per group/individual may be placed on general use bulletin boards. A-frames must not exceed 24" x 34" in size. Material may not overlap other posters, banners, and flyers and must be fastened with tacks or staples - NO TAPE may be used.

• If I have staked signs and A-frames, how do I get approval from the campus?

  • Postings, including staked signs and A-frames, require approval of the campus. Authority is delegated by the Office of the President to a body containing representatives from Student Affairs, Student Union Event Services, Academic Affairs, the Office of Diversity, Equity, and Inclusion, and Facilities Development and Operations.

    A-frames must not exceed 24” x 34” in size.

    Staked signs are not to exceed 11" x 17" and are only permitted on lawn perimeters that do not block areas for mowing and in non-flowering areas. Actual stakes may not exceed 36" in height.