First_Amendment_Assemblies

Policy 429CSU Police Department Systemwide Policy Manual Copyright Lexipol, LLC 2025/08/30, All Rights Reserved. Published with permission by CSU Police DepartmentFirst Amendment Assemblies - 1First Amendment Assemblies 429.1 PURPOSE AND SCOPE This policy provides guidance for university police responding to public assemblies or demonstrations. 429.2 POLICY The CSU Police Department respects the rights of people to peaceably assemble. It is the policy of this department not to unreasonably interfere with, harass, intimidate or discriminate against persons engaged in the lawful exercise of their rights, while also preserving the peace, protecting life and preventing the destruction of property. 429.3 CSU SYSTEMWIDE TIME, PLACE, AND MANNER POLICY Nothing in this policy shall supersede or modify the CSU Systemwide Time, Place, and Manner Policy or any campus addendums. https://calstate.policystat.com/policy/16412929/latest/ 429.4 GENERAL CONSIDERATIONS Individuals or groups present on the public way, such as public facilities, streets or walkways, generally have the right to assemble, rally, demonstrate, protest or otherwise express their views and opinions through varying forms of communication, including the distribution of printed matter. These rights may be limited by laws or ordinances regulating such matters as the obstruction of individual or vehicle access or egress, trespass, noise, picketing, distribution of handbills and leafleting, and loitering. However, officers shall not take action or fail to take action based on the opinions being expressed. Participant behavior during a demonstration or other public assembly can vary. This may include, but is not limited to: •Lawful, constitutionally protected actions and speech. •Civil disobedience (typically involving minor criminal acts). •Rioting. All of these behaviors may be present during the same event. Therefore, it is imperative that law enforcement actions are measured and appropriate for the behaviors officers may encounter. This is particularly critical if force is being used. Adaptable strategies and tactics are essential. The purpose of a law enforcement presence at the scene of public assemblies and demonstrations should be to preserve the peace, to protect life and prevent the destruction of property. Officers should not: (a)Engage in assembly or demonstration-related discussion with participants. (b)Harass, confront or intimidate participants. CSU Police Department Systemwide Policy Manual First Amendment Assemblies Copyright Lexipol, LLC 2025/08/30, All Rights Reserved. Published with permission by CSU Police DepartmentFirst Amendment Assemblies - 2(c)Seize the cameras, cell phones or materials of participants or observers unless an officer is placing a person under lawful arrest. Supervisors should continually observe department members under their commands to ensure that members’ interaction with participants and their response to crowd dynamics is appropriate. 429.4.1 PHOTOGRAPHS AND VIDEO RECORDINGS Photographs and video recording, when appropriate, can serve a number of purposes, including support of criminal prosecutions by documenting criminal acts; assistance in evaluating department performance; serving as training material; recording the use of dispersal orders; and facilitating a response to allegations of improper law enforcement conduct. Photographs and videos will not be used or retained for the sole purpose of collecting or maintaining information about the political, religious, or social views of associations, or the activities of any individual, group, association, organization, corporation, business, or partnership, unless such information directly relates to an investigation of criminal activities and there is reasonable suspicion that the subject of the information is involved in criminal conduct. 429.5 UNPLANNED EVENTS When responding to an unplanned or spontaneous public gathering, the first responding officer should conduct an assessment of conditions, including, but not limited to, the following: •Location •Number of participants •Apparent purpose of the event •Leadership (whether it is apparent and/or whether it is effective) •Any initial indicators of unlawful or disruptive activity •Indicators that lawful use of public facilities, streets or walkways will be impacted •Ability and/or need to continue monitoring the incident Initial assessment information should be promptly communicated to the Communications Center, and the assignment of a supervisor should be requested. Additional university and/or safety resources should be requested as appropriate. The responding supervisor shall assume command of the incident until command is expressly assumed by another, and the assumption of command is communicated to the involved members. A clearly defined command structure that is consistent with the Incident Command System (ICS) should be established as resources are deployed. 429.6 PLANNED EVENT PREPARATION For planned events, comprehensive, incident-specific operational plans should be developed in partnership with campus partners through the University Response Team. The ICS should be considered for such events. Each event or incident will be considered on a case-by-case basis to determine appropriate staffing and other security and safety measures. CSU Police Department Systemwide Policy Manual First Amendment Assemblies Copyright Lexipol, LLC 2025/08/30, All Rights Reserved. Published with permission by CSU Police DepartmentFirst Amendment Assemblies - 3429.6.1 INFORMATION GATHERING AND ASSESSMENT In order to properly assess the potential impact of a public assembly or demonstration on public safety and order, relevant information should be collected and vetted. This may include: •Information obtained from outreach to group organizers or leaders. •Information about past and potential unlawful conduct associated with the event or similar events. •The potential time, duration, scope, and type of planned activities. •Any