One of the great strengths of this campus is its commitment to freedom of speech. UC Berkeley was the home of the free speech movement of the 1960s. Like the rest of this campus, UC Berkeley Law has a long tradition of protecting freedom of expression. As part of a leading institution of higher learning, we are deeply committed to academic freedom. These policies apply to all full- and part-time faculty, as well as others teaching in the Law School, in the conduct of research, publishing scholarship, engaging in Law School governance, participating in related public service, curating library collections and providing information services, and exercising teaching responsibilities, including those related to client representation in clinical programs. These policies also apply to protect the freedom of expression of students and staff.
Our goal is to be a place where all ideas and views can be expressed. The First Amendment does not allow us to exclude any viewpoint and it is crucial that universities be places where all ideas can be voiced and discussed. At times, this may mean that there can be expression of views that are controversial or that some of us dislike or even find offensive. There is a benefit in hearing views different from our own, though it can be unsettling and even painful. As lawyers, we must be prepared to answer opposing arguments and our thinking inevitably is sharpened by hearing other positions.
The Law School has an “all-comers” policy, which means that every student group must allow any student to join and all student group-organized events must be open to all students. This is important to ensure an environment where all can feel included and that they belong.
Although there is a First Amendment right to speak and to protest, this is subject to reasonable time, place, and manner restrictions. University of California President Michael Drake and UC Berkeley Chancellor Rich Lyons have articulated standards for the university and the campus in this regard. These rules, of course, apply in the Law School as well. The Office of Civil Rights of the Department of Education has been clear that even speech that is protected by the First Amendment may nevertheless require action by the University or the Law School if such speech creates a hostile environment. Expression that violates the law, that falsely defames a specific individual, that constitutes a genuine threat or harassment, or that unjustifiably invades substantial privacy or confidentiality interests is not protected speech.
Disruption of classes, meetings, library services, interviews, ceremonies, and events will not be tolerated. Disruption is a violation of UC Berkeley Law’s policies and such behavior will be a basis for student discipline. The First Amendment does not protect speech that hinders free expression by silencing others or disrupting. The appropriate response to an objectionable speaker is to engage in non-disruptive protests and to invite your own speakers.
In the event that a speaker believes that their free speech right has been violated, a complaint should be filed with the Associate Dean for Teaching, who will determine initially how best to address the complaint. The process to be used may vary with respect to the severity of the alleged violation and the discipline potentially to be imposed, the status of the speaker, and other factors reflected in this policy. The process might include, but is not limited to, informal resolution; convening a panel within the Law School to advise the Dean; referral of the matter to the Office for Prevention of Harassment and Discrimination (OPHD); referral to the Center for Student Conduct of the University of California, Berkeley; referral to the Vice Provost for Faculty; or other procedure as the case may warrant. Any matters involving potential discipline of a member of the faculty, staff, or student body must be handled in accord with University of California, Berkeley campus, and UC Berkeley Law policies and procedures.
In conclusion, beyond our free speech policy, the Law School also expects civility among its faculty, staff, and students. Of course, just because there is a right to say something doesn’t necessarily mean that it should be said. Our hope is that as we choose what to say, we always will be sensitive to the feelings and sensibilities of others. It is inevitable that sometimes there will be disagreements among us, even intense ones, but the hope is that we always will treat one another with tolerance, respect, and kindness.