Don’t hold your breath.
After two years of picking through details, the committee tasked with updating UCSD’s 28-year-old policy on ‘speech, advocacy and distribution of literature’ has once again postponed its deadline for completion.
The committee first pushed the release of its draft from May 1 to seventh week, due to lingering disagreements about phrasing. Then, earlier this week, vice chancellors Steven W. Relyea and Penny Rue instructed committee chair and Associate Controller Sally Brainerd to hold onto the policy until fall 2009, when a public input period will finally commence.
Brainerd said the timeline would have dangerously resembled that of a similar scenario in spring 2007. The speech-policy committee at the time, chaired by Sports Facilities Manager Don Chadwick, released a controversial policy proposal during finals week. The changes were sent campuswide in an e-mail titled ‘Review of PPM 510-1 Section IX.’
It was met with immediate uproar from students and faculty who felt the administration was trying to sneak the restrictions past public review. The American Civil Liberties Union argued in a letter to the university that a whopping 10 aspects of the policy were unconstitutional, including a clause stating that any event or gathering that could ‘reasonably be expected to attract a crowd of 10 or more people’ would require a reservation.
Benjamin Balthaser, Graduate Student Association representative on the current committee, was among those who participated in an emergency rally outside former Vice Chancellor of Student Affairs Joseph W. Watson’s office. Second-year John Vasquez dedicated www.ucsdfreespeech.com to keeping students informed about the policy.
According to Balthaser and committee member and Director of Student Policies and Judicial Affairs Tony Valladolid, there has been speculation that the controversial restrictions drafted by the first committee were partly in response to campus disruptions at the time, including antiabortion demonstrations and protests over changes in Thurgood Marshall College’s Dimensions of Culture curriculum.
Brainerd said the former speech-policy committee was given the job of changing the policy simply to update outdated references.
‘There was no ulterior motive,’ Brainerd said. ‘It was just ‘mdash; work.’
A team of students including Balthaser and the two original undergraduate representatives on the committee ‘mdash; who have since been replaced by A.S.-appointed James Baldwin and Erin Brodwin ‘mdash; composed their ideal policy, then got the thumbs up from the A.S. Council, GSA and the ACLU.
An extended and fiery public-review period made it clear the ‘draconian’ policy would have to be canned completely, and administrators put Brainerd at the helm of the new committee. Her team, which retained Associate Vice Chancellor of Student Life Gary R. Ratcliff and UCSD Police Department Lt. Dave Rose from the original committee, planned to assess students’ suggestions and draw up a more popular policy.
Balthaser said arguments over language in the student draft made for slow progress during the first year ‘mdash; until Ratcliff presented his own draft.
‘I think what was stalling the committee for a long time is basically the administration didn’t want to flat-out reject the policy, but they didn’t want to endorse it either; so the committee basically just didn’t do anything for a long time,’ Balthaser said. ‘We actually requested that they write their own draft, because they obviously weren’t responding to ours. So when Gary brought his draft, it was like ‘mdash; of course that’s what they wanted.’
Committee member and Campus Counsel Dan Park said the biggest improvement in the new policy is its larger degree of student input.
‘Basically, the current draft has been mostly written by the students on the committee,’ he said.
Balthaser, however, said the preamble is almost all that remains of the student version.
‘[Our draft] got completely dismissed,’ he said. ‘There are some things that are still in it, but mostly just rhetoric.’
Baldwin said Ratcliff and Park’s policy preferences best represent those of the administration.
Both, he explained, have consistently expressed that ‘daily business of the university is paramount and needs to be maintained at all costs; that stability is more important than anything else.’
Park said protecting university function is equally important to protecting freedom of expression.
At a March meeting, Brodwin told the committee that she didn’t think students’ wishes were being considered as heavily as administrators’.
Balthaser said the most recent delay is due to an emergency meeting set for next week which Rose called to discuss a line in the preamble that reads: ”hellip; Such restrictions shall be enacted in the least restrictive manner possible.’
‘His argument is that [‘least restrictive’] is redundant … He also doesn’t like it because it puts a very high standard on police behavior,’ Balthaser said. ‘And I kind of like having a very high standard on police behavior. I think that’s very good.’
Rose declined an interview.
‘I imagine several issues will be discussed [at the meeting],’ he said in an e-mail.
Ratcliff said repeatedly that one key to ensuring that the policy is enforced consistently will be the line in the preamble specifying it be done in the ‘least restrictive manner possible.’
The current draft, which Brainerd said is nearly finished, only allows UCSD affiliates to use electronic amplified sound without a reservation during time slots that vary depending on the area. The times were chosen by the administrators who oversee the campus’ various open spaces.
‘We have a very large campus and a lot of people have a lot of ownership over their spaces,’ Rue said.
Though the 1981 policy was more restrictive in that it included the use of nonelectronic devices in its definition of amplified sound, each zone was assigned the generally lengthier and more uniform time slot of 11:30 a.m. to 2 p.m. and 4 p.m. to 10 p.m. on weekends for all unreserved demonstrations.
Ratcliff, who compiled the varying time slots, said that he encouraged administrators to adhere to a more unified schedule.
Valladolid said the new time slots would be ‘extremely difficult’ to enforce.
‘All of us are concerned with the inconsistent time frame,’ he said.
However, several committee members expressed satisfaction with the new 90-decibel limit for amplified sound ‘mdash; the point at which it can injur the human ear ‘mdash; as a concrete way to enforce productive expression. In order to enforce the policy in a consistent and unbiased manner, Valladolid said that police will always ask a demonstrator to consider not interfering with the academic mission of the university before any additional action is taken.
Rue ‘mdash; who oversees the committee, along with Relyea ‘mdash; read a copy of the draft two weeks ago, and returned it to Brainerd with comments.
‘That was to the committee, so that’s not public input,’ Rue said.
She added that it’s not the right time for her to be ‘pre-judging’ the committee’s work.
Brainerd said she could not comment on the vice chancellor’s input because she had not yet been able to decipher Rue’s handwriting.
‘I’m sorry, I couldn’t read it!’ she said. ‘I haven’t had the time to go through it with Gary and say, ‘Now, what is that word?”
Readers can contact Simone Wilson at [email protected].
Full text of both the old and new speech policies:
————–OLD POLICY————–
SECTION IX – OUTDOOR SPACE
A.’ ‘ ‘ Free Speech and Advocacy Areas
The University grounds open to the general public where all persons may exercise the constitutionally protected rights of free expression, speech, assembly, worship and distribution and sale of non-commercial literature incidental to the exercise of these freedoms are:
Revelle College Plaza
Revelle College Grassy Knoll
Muir College Quad
Thurgood Marshall College Quad
Warren College Commons Area
Eleanor Roosevelt College Quad
Eleanor Roosevelt College Residence Hall Quads
Pepper Canyon Plaza
Gym Steps
Student Center Area
‘ ‘ ‘ For the purposes of these regulations, ‘grounds open to the public generally’ are defined as the outdoor areas of the campus (lawns, patios, plazas) that are at least 25 feet from the entrances/exits of campus buildings and parking lots, and that are also a safe distance from the curbings of campus roads. All activity in these areas must be conducted in such a way that traffic is not disrupted. Tables or moveable stands may not be placed in areas where passages to any entrances or walkways are blocked. Only registered campus organizations and official units of the University can set up tables or moveable stands without a permit from the Price Center Director.
‘ ‘ ‘ Outdoor Programmed Events
‘ ‘ ‘ All events carried on in outdoor space require calendaring (See Section V of this PPM) and are subject to regular pr
ocedures for organized usage by external organizations/individuals as described in Section IV of this PPM.
‘ ‘ ‘ Amplified Sound
‘ ‘ ‘ Unless otherwise approved by the UCSD official designated for the site, the campus policy permits the use of amplified sound on Monday through Friday between 11:30 a.m. and 2:00 p.m. and on Saturday and Sunday between 4:00 p.m. and 10:00 p.m. in the above Free Speech and Advocacy Areas plus:
‘ ‘ ‘ The Stone Henge at Revelle College
‘ ‘ ‘ ‘ ‘ ‘ Muir College Commons
‘ ‘ ‘ Price Center Plaza
‘ ‘ ‘ ‘ ‘ ‘ Thurgood Marshall College Commons
Speech and Advocacy
Non-University speakers may exercise their constitutional right to express themselves in those areas of the campus open to the public generally, including the open discussion areas listed above, so long as there is no interference with a scheduled use and no amplification is used.
————–NEW POLICY————–
POLICY ON SPEECH, ADVOCACY AND DISTRIBUTION OF LITERATURE ON UNIVERSITY GROUNDS
I.’ ‘ ‘ ‘ ‘ ‘ ‘ ‘ ‘ ‘ ‘ ‘ ‘ ‘ PREAMBLE
II.’ ‘ ‘ ‘ ‘ ‘ ‘ ‘ ‘ ‘ ‘ ‘ ‘ ‘ POLICY
III.’ ‘ ‘ DISTRIBUTION, POSTING, AND EXHIBITION OF LITERATURE
Policy References
UC Policy on Speech and Advocacy:
http://www.ucop.edu/ucophome/coordrev/ucpolicies/aos/uc30.html.
UC Policy on Non-Affiliates:
http://www.ucop.edu/regs/naffil/documents/naffilreg.pdf
UC Policies Applying to Campus Activities, Organizations, and Students.
http://www.ucop.edu/ucophome/coordrev/ucpolicies/aos/toc.html
UC Policy on Use of University Properties, including Section 42.20 (‘Posting of Noncommercial Materials’): http://www.ucop.edu/ucophome/coordrev/ucpolicies/aos/uc40.html.
UC Policy and Supplemental Guidelines on the On-campus Marketing of Credit Cards to Students http://www.ucop.edu/ucophome/coordrev/ucpolicies/aos/ucappd.html.
PPM 510-1 Section V.A. ‘Public Events: Safety and Liability’:
http://adminrecords.ucsd.edu/ppm/docs/510-1.5a.HTML
Library Walk Use Policy ‘amp; Procedures:
http://theuniversitycenters.ucsd.edu/facilities/policies/policies.html
UCSD Library Use and Conduct Code:
http://libraries.ucsd.edu/services/conduct.html.
UCSD Policies and Procedures Applying to Student Activities:
http://ugr8.ucsd.edu/judicial/tblcontents_srrc.html
UCSD Dining Services Table Tent Guidelines:
http://hdh.ucsd.edu/diningservices/images/tabletent.pdf
UCSD Environmental Sanitation ‘not; Housing Policy:
http://adminrecords.ucsd.edu/ppm/docs/516-10-3.html
HR Policy:’ Higher Education Employer-Employee Relations Act (HEERA):
http://www.ucop.edu/ucophome/coordrev/policy/4-24-80.html
I. PREAMBLE
The University is dedicated to the dissemination of information and ideas, and the presence of engaged scholarly, cultural, and political debate. The ability of members of the University community with each other and the community at-large to engage in free speech activity at the site of a large public campus is central to its identity. Of all social institutions in a democracy, the University has a special responsibility to promote an open atmosphere in a country that honors the First Amendment.
In support of free speech, the University recognizes that opposing or unpopular views are important. It is the responsibility of the University community to provide opportunities for dialogue based on mutual respect and learning in accordance with the aspirations articulated in the UC San Diego Principles of Community.
To this end, this speech policy is designed to be broad, flexible, and to acknowledge the historic significance of free speech, while also preserving the research, teaching, and public service mission of the University.
‘
II. POLICY
Expressive activity may occur on all University Grounds. The time, place, and manner of exercising expression and advocacy is subject to the regulations that provide for the noninterference with University functions and protect’ persons against practices that cause bodily harm, or otherwise infringe upon the legally defined rights of others.’ The University shall apply the following time, place and manner restrictions in a reasonable fashion, and such restrictions shall be enacted in the least restrictive manner possible. This policy is applicable to all University Affiliates. In all matters pertaining to speech, advocacy, and the distribution of literature on University Grounds for University Affiliates, this policy shall be the primary reference.
A.’ ‘ ‘ Definitions
1.’ ‘ ‘ ‘Expressive Activity’ means activity whose principal purpose is to communicate information to other people as indicated by the First Amendment to the U.S. Constitution.
2.’ ‘ ‘ ‘University Affiliate’ is a student, employee, official volunteer, officer, Regent, or emeritus of the University.
3.’ ‘ ‘ ‘Non Affiliate’ means any person who is not a student, employee, official volunteer, officer, Regent, or emeritus of the University.
4.’ ‘ ‘ ‘University Grounds’ mean the outdoor open spaces of the University of California, San Diego campus, excluding outdoor recreational areas (e.g., playing fields, basketball and tennis courts, and swimming pools).
5.’ ‘ ‘ ‘Designated areas’ means portions of the University Grounds where handheld amplified sound and an information table and chairs are permitted without a reservation. ‘
6.’ ‘ ‘ ‘ ‘Amplified Sound’ means sound that is made louder or stronger through the use of an instrument, device, or other equipment.
7.’ ‘ ‘ ‘Ambient Noise’ is the background noise in a given environment, often a composite of sounds from many sources, for example, traffic at a busy intersection, nearby construction, general crowd noise.
8.’ ‘ ‘ ‘University Business’ means a function, service, event, program or act sponsored by, approved by an authorized University official, including ‘- by way of example ‘- activities such as classes, research, lectures, administrative and student services, meetings, housing, and programs and events (such as commencement).
B.’ ‘ ‘ General Rules
Expressive activity on all University Grounds is protected provided that it does not:
1.’ ‘ ‘ Unreasonably disrupt or interfere with University business;
2.’ ‘ ‘ Violate the legal rights of other persons, endanger their safety, or unreasonably disrupt, interfere, or obstruct viewing or hearing an expressive activity of another person or group that is in compliance with University policy;
3.’ ‘ ‘ Obstruct the ingress or egress to any University facility, or obstruct the use of any pedestrian walkways, roadways, or fire lanes;
4.’ ‘ ‘ Unreasonably pose risk of damage to the environment (e.g., trees and other vegetation, wildlife) or to property.
C.’ ‘ ‘ Handheld Amplified Sound
1.’ ‘ ‘ Non-Electronic Amplified Sound may be used anywhere on University Grounds for Expressive Activity, provided that the instrument of amplification is handheld (e.g., a megaphone). Use of Amplified Sound is subject to the General Rules provided in this Policy, in addition to the rules provided in this section.
2.’ ‘ ‘ Handheld Electronic Amplified Sound (e.g., a bullhorn) may always
be used in non-designated areas if 150 feet from an occupied building.’ It is also permitted in designated areas, provided that the usage occurs at the times and places specified below (the Designated Times):
DESIGNATED AREA’ ‘ ‘ DESIGNATED TIMES
Revelle College Plaza ‘ ‘ ‘ 9:00 a.m. – 5:00 p.m.
Revelle College Grassy Knoll ‘ ‘ ‘ 11:30 a.m. – 1:30 p.m.
Muir College Quad ‘ ‘ ‘ 12:00 p.m. – 1 p.m.
Thurgood Marshall Solis Quad ‘ ‘ ‘ 11:30 a.m. – 1:30 p.m. M-F
Warren Student Activity Center (sidewalk area near shuttle stop) ‘ ‘ ‘ 11:30 a.m. – 1:00 p.m., 5:00 p.m. – 7:00 p.m.
Warren Mall (near Engineering Complex) ‘ ‘ ‘ 12:00 p.m. – 1:00 p.m. M-F *
Warren Mall (near Snake Path) ‘ ‘ ‘ 12:00 p.m. – 1:00 p.m., 8:00 p.m. – 10:00 p.m. M-F *
Eleanor Roosevelt College Admin Bldg Plaza’ ‘ ‘ 11:00 a.m. – 1:00 p.m.
Eleanor Roosevelt College Residence Halls Green ‘ ‘ ‘ 11:00 a.m. – 1:00 p.m.
Sixth College Res Hall Quad ‘ ‘ ‘ 11:30 a.m. – 1:30 p.m.
Sixth College Apartments Plaza ‘ ‘ ‘ 11:30 a.m. – 1:30 p.m.
Student Center Hump’ ‘ ‘ All Times
Price Center Plaza’ ‘ ‘ All Times
Sun God Lawn’ ‘ ‘ 12 p.m. – 1:00 p.m.
Library Walk Dentils 1967 ‘- 1993 (Lyman Lane north to intersection of Library Walk and Geisel Tree)’ ‘ ‘ All Times
Town Square’ ‘ ‘ 11:30 a.m. – 1:30 p.m
D.’ ‘ ‘ Maximum Decibel Limit for Amplified Sound
The maximum permissible decibel peak level for Amplified Sound is 90 dba with an average decibel level (measured over any 15 second period) of no more than 75 dba (using a weighted scale) measured from 50 feet away from the sound source. If the maximum allowable sound is exceeded, the group will be given an opportunity to reduce the volume.’ If the volume is not reduced to allowable levels, continued use of Amplified Sound shall be a violation of this Policy.’ ‘ ‘
When enforcing the sound limitations, the ambient sound dba shall be taken into consideration.’ Should the ambient sound approach, reach or exceed the 90 dba limit, amplified sound may be increased so that it may be intelligibly heard at the edge of the assembled crowd or 50 feet, whichever is greater.
E.’ ‘ ‘ Information Tables
Information tables of a reasonable size are permitted in the Designated Areas at the Designated Times. Information tables must be staffed at all times, and literature on the table may not be left unattended.
F.’ ‘ ‘ Free-standing equipment, structures, or displays
Free-standing equipment, structures, or displays are permitted in the Designated Areas with a reservation, provided that the free-standing equipment, structures or displays do not pose a danger to people or property, will not interfere with the conduct of University Business, will be completely removed without cost to the University and comply with the applicable use regulations for the designated area.
G.’ ‘ ‘ Reservable Outdoor Event Spaces
The University has outdoor event spaces which can be reserved in advance for events requiring the use of various types of amplified sound, free-standing equipment, displays, or structures, or selling or distributing food or beverages.’ Each outdoor event space has use regulations administered by the university department that schedules it.’ If a conflict exists between use regulations and this policy, this policy supersedes the use regulations.’ The Center for Student Involvement provides a listing of the reservable outdoor event spaces at http://getinvolved.ucsd.edu/pdf/OutdoorFacilities.pdf .
H.’ ‘ ‘ Other Regulations
1.’ ‘ ‘ Individuals and organizations may not in any way represent that their activities are endorsed, sponsored, or sanctioned by the University without the express written consent of an authorized University official.
2.’ ‘ ‘ Individuals, organizations, and groups are solely responsible for their expressive and other activities, on- or off-campus. The University does not provide liability insurance coverage for student organizations or their members. Any individual, organization, or group participating in or conducting activities not under the auspices of the University does so voluntarily and at its own risk, with no right to seek indemnification from the University for the consequences of their actions.
3.’ ‘ ‘ When enforcing this policy, University officials authorized to maintain order on the campus should make a reasonable attempt to warn and advise a University Affiliate to cease the prohibited conduct or activity before imposing University sanctions and/or applying appropriate law enforcement measures for violation of this policy, except where the conduct violating this policy reasonably appears to create a threat to or endanger health, safety, or property.
I.’ ‘ ‘ Appeal of Denial of Use of University Grounds to University Affiliates
‘ ‘ ‘
1.’ ‘ ‘ Any University Affiliate denied use of a’ university grounds may file a written appeal for reconsideration with the Chancellor’s designee ‘-to be designated- based upon (a) failure by the administration to follow University policies or campus regulations; or (b) arbitrary or capricious justification for the decision to deny use;.’ The submitter of the appeal will be notified of a decision in writing on the appeal within three business days of the request.
J.’ ‘ ‘ Student Representation Policy
Associated Students (AS) and Graduate Student Association (GSA) will be informed if there are to be any changes made to this policy.’ There shall be student representation on the committee(s) charged with making recommendations to change this policy. Student representatives shall be appointed by AS and the GSA.
‘
III.’ ‘ ‘ The Distribution, Posting, And Exhibiting Of Literature
A.’ ‘ ‘ Application and Scope of Policy
This policy applies to all distribution, posting, and exhibiting of literature on campus property. The purpose of this policy is to protect the free expression of non-commercial campus affiliates and their ability to distribute, post, and exhibit literature on campus.’ The University will not restrict distribution, posting, or exhibiting of non-commercial literature unless such activity violates state or federal law or constitutes a violation of University policy, as stated in this document.
Non-Commercial Literature Personal notices (offers of personal services such as typing or tutoring and offers of secondhand goods for sale not purchased specifically for resale) posted by University students, faculty and staff shall not be considered ‘Commercial Literature’ for purposes of this Policy.
B.’ ‘ ‘ Content of Material
The University does not endorse the content of posted, distributed or exhibited literature on its property. However, except as described in Subsections C.2. and C.3, below, the University will not restrict the distribution, posting, or exhibiting of non-commercial literature based on its content unless its distribution violates state or federal law or constitutes a violation of University policy, as stated in this document. The University is not responsible or liable for the views and actions of affiliates governed by this section of the policy.
C.’ ‘ ‘ General Provisions
1. Distribution
Non-commercial literature may be distributed on university grounds provided such distribution: (i) does not interfere with the orderl
y conduct of University operations; (ii) is not forced upon others; and (iii) is not placed on automobiles, motorcycles, or bicycles. ‘
Distribution of non-commercial literature in on-campus residential areas is governed by rules promulgated by each of the respective college Offices of Residential Life and all distributions in residential areas must be in accordance with rules applicable to the particular area.
2.’ ‘ ‘ Posting: General
This section of PPM 510 shall govern all outdoor public space at UCSD. Approval or prior restraint is not required for posting any materials that are in compliance with this section.’ ‘ The general public may post notices or announcements on bulletin boards, kiosks, and locations designated for this purpose.’ ‘ Information concerning the location of these boards and kiosks may be obtained at http://ugr8.ucsd.edu/judicial/appendE.html).’ Except as permitted herein, no posters, handbills, or any other form of announcement or statement may be placed on or against, attached to, or written on any structure or natural feature of the campus including, but not limited to the ground, trees, doors, signs, light poles, waste receptacles, exteriors buildings, windows, and fences and walkways.’ Postings should not damage University property or facilities.’ Posting on top of other current postings is a violation of this policy as is the removal of other current postings. ‘
Persons who are posting literature are encouraged to respect others’ posting needs.’ Duplicates may be removed if posting space is unavailable.
3.’ ‘ ‘ Events
Certain areas are reserved for posting of flyers, posters, and/or banners announcing campus events. Use of these areas for posting of event announcements requires compliance with procedures set forth in the Posting Procedures in Supplement 1.
4.’ ‘ ‘ Special Purpose Areas
Certain areas may be reserved for posting of certain special-purpose notices (such as ride boards or housing information). Use of these areas is generally subject to the regulations and procedures described at the location.
5.’ ‘ ‘ Student Residences
Posting on exterior balconies or railings of apartment rooms or residence hall suites is prohibited. This policy does not restrict posting of material inside student bedrooms or on the inside of exterior-facing bedroom windows, except that postings inside bedrooms or on the inside of exterior-facing bedroom windows or doors may not interfere with the operation of doors or windows or otherwise endanger health or safety. This policy also does not restrict posting of material in common living areas not open to the general public of apartments or residence hall suites, provided that none of the residents of adjoining rooms with access to the common area object to the material. Any material posted in the common area of apartments or residence hall suites must be removed in the event that any resident of an adjoining room with access to the common area objects to the posting of such material.
6.’ ‘ ‘ Student Governments
Postings on or within kiosks and bulletin boards maintained by the duly established campus student governments such as the GSA, ASUCSD, and college councils, must be approved and posted by the designated representative of the respective student government.
‘
Supplement 1
Posting Procedures
1.’ ‘ ‘ Banners, posters and flyers announcing campus events should indicate the name of the sponsoring organization or group, the nature of the event, the date and time, the location.
‘
2.’ ‘ ‘ Only blue painters tape or other non-destructive and removable hanging material may be used to post flyers on approved posting areas. Paste, glue, nails, and duct tape are not permitted. Staples and tacks may be used on bulletin boards.
3.’ ‘ ‘ All event banners, posters, and flyers announcing campus events must be removed within 48 hours after the event. Approved posting locations for non-event postings may impose reasonable time limits on postings and may require postings to clearly identify their expiration date.