Policy Text
University of California, San Francisc o
Police Department General Orders
1.1 Law Enforcement Role and Authority: Law Enforcement Agency Role
1.1.8 Freedom of Speech (Revised: 8/1/14)
In the United States or America, all people have the right to free speech and assembly guaranteed
by the First Amendment of the Constitution. The First Amendment states, “Congress shall make
no law respecting an establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances.”
As such, freedom of thought, inquiry, speech and la wful assembly are fundamental rights of all
persons. These rights include the freedom to express opinions; to hear, express, debate and
support various views, no matter how unpopular and to voice criticism. Free speech is uniquely
important to the Universi ty, as it allows the free interchange of ideas integral to the University’s
fundamental mission of teaching, research and public service.
Protests and civil disobedience have played a historic role on University campuses and in
bringing about important a nd beneficial changes within society. However, civil disobedience is
not protected speech under the Constitution. The Constitution does not guarantee any right to
engage in civil disobedience – which, by its very definition, involves the violation of laws or
regulations – without incurring consequences. Civil disobedience may have a negative effect on
the protected interests of others and may interfere with University business, threaten public
safety or University assets in ways that require the University to act to protect those interests.
It is the duty of all Police Department personnel to defend the University community’s right to
pursue its normal activities. In addition, sworn personnel must carefully balance the First
Amendment rights and other civil liberties of individuals with the n eed for intervention required
to protect public safety and property. The sometimes competing goals of maintaining order while
protecting the freedoms of speech and assembly stand as one of law enforcement’s greatest
challenges.
Sworn personnel may use obj ectively reasonable force, per policy and law, in order to
accomplish these goals. Sworn personnel must not be affected by the content of the opinions
being expressed, nor by the race, gender, sexual orientation, physical disabilities, appearances,
religio n or political affiliation of anyone exercising their lawful First Amendment rights. Sworn
personnel must have the integrity to not let personal, political or religious views affect how they
perform their duties.