Location: Long Beach, California
Federal Circuit: 9th Circuit
California State University – Long Beach has been given the speech code rating Red. A red light university has at least one policy that both clearly and substantially restricts freedom of speech. Read more here.
Red Light Policies
Speech Code Category: Harassment Policies, StatementProhibited Harassment including bullying, is offensive conduct of an unwelcome nature on the basis of [age, ancestry, color, covered U.S. military service, ethnicity, gender/gender identity, marital status, medical condition, national origin, physical or mental disability, pregnancy, race, religion, sexual orientation]. A hostile environment exists when such conduct unreasonably interferes with an individual's ability to participate, learn and/or work.
Speech Code Category: Policies on Tolerance, Respect, and Civility, StatementStudents are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and contribute positively to student and university life.
Speech Code Category: Internet Usage Policies, StatementMisuse of computer facilities or resources, including: ... use of computing facilities and resources to send obscene or intimidating and abusive messages.
Speech Code Category: Harassment Policies, StatementThe following are examples of behavior that could be interpreted as harassment. These examples are meant to be illustrative only and are not an inclusive list.
--Written communications, such as sending inappropriate jokes or comments in print or by electronically;
--Verbal communications, such as making graphic or degrading comments about an individual and/or his/her body or personal characteristics, or using epithets, derogatory comments or slurs;
--Physical acts, such as unwanted touching, physical interference, or event assault;
--Visual acts or displays, such as derogatory cartoons, drawings, or posters, or inappropriate gestures;
--Making uwelcome sexual advances or propositions, or offering benefits or giving preferential treatment in exchange for sexual favors;
--Making or threatening reprisals after a negative response to unwelcome conduct.
Speech Code Category: Harassment Policies, StatementSexual harassment is characterized by unwelcome, offensive attention, requests, invitations, innuendo and/or conduct of a sexual or suggestive nature. Such behavior can threaten or interfere with one’s ability to learn, participate or work. When exercised by a person in a position of authority, such as an instructor or supervisor, it can contaminate the learning or work environment and impede a person’s academic progress or work status.
Executive Order 1072: Implementation of Title IX of the Education Amendments of 1972 and Related Sexual Harassment/Violence Legislation for CSU Students 13-14
Speech Code Category: Harassment Policies, Statement"Sexual Harassment" is unwelcome conduct of a sexual nature that includes, but is not limited to: sexual violence; sexual advances; requests for sexual favors; indecent exposure; and other verbal, nonverbal or physical unwelcome conduct of a sexual nature, where such conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the individual, and is in fact considered by the individual, as limiting the individual's ability to participate in or benefit from the services, activities or opportunities offered by the university. Sexual harassment also includes gender-based harassment, which may include acts of verbal, non-verbal or physical aggression, intimidation or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
Speech Code Category: Protest and Demonstration Policies, StatementThe right to demonstrate does not include the right to break the law by: ... using any offensive language likely to promote violence.
Speech Code Category: Harassment Policies, StatementConduct that threatens or endangers the health or safety of any person within or related to the university community, including physical abuse, threats, intimidation, harassment, or sexual misconduct.
Speech Code Category: Internet Usage Policies, StatementExamples of prohibited use include but are not limited to:
Transmission of threats, harassment or defamation
Executive Order 1074: Systemwide Policy Prohibiting Discrimination, Harassment and Retaliation Against Students 13-14
Speech Code Category: Harassment Policies, StatementHarassment means unwelcome conduct engaged in because of a Protected Status that is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the Student, and is in fact considered by the Student, as limiting the Student's ability to participate in or benefit from the services, activities or opportunities offered by the University.
December 21, 2012
The Watchdog Blog Many of America’s colleges appear to need to take a few courses in free speech. More than 60 percent of the 400-plus colleges and universities studied by the Foundation for Individual Rights in Education have policies that restrict students’ First Amendment rights. In a report released this week, FIRE also raised concern over federal and state regulations governing bullying and harassment that the report labeled sloppily written and implemented. To be fair, FIRE acknowledged that the number of schools with “red light” free-speech codes has declined for the fifth straight year. And more schools eliminated their restrictive speech policies in 2012, earning […]» Read More
January 26, 2005
Conservative lawmakers and activists are seeking to whip up interest in at least nine states in countering what they say is an overwhelming liberal bias at the nation’s colleges and universities. But some free speech advocates and university officials say that efforts to mandate intellectual diversity are misguided and could have the opposite effect and suppress any speech that might be controversial.Legislators in the Republican-controlled statehouses of Georgia, Indiana, Michigan, Oklahoma, Texas and Utah, as well as Democratically-controlled Washington state, are expected to consider an “Academic Bill of Rights,” a proposal that seeks to keep students’ grades from being […]» Read More
May 23, 2011
A drama over press freedom has come to an end at California State University – Long Beach (CSULB) recently, when members of CSULB’s student government thought better of a petition to remove Kevin O’Brien as editor in chief of the Union Weekly, a student fee-funded opinion and humor magazine, on the basis of articles found offensive by members of the CSULB community. As the Daily 49er, an independent CSULB publication, wrote of a recent protest against the Union Weekly: The protest stemmed from two Union Weekly articles. The first was a review critical of the 41st annual Pow Wow American Indian gathering. The article’s author and Union […]» Read More