Emerson Sykes | 2019-2020 Fellowship Research: Workshop Presentation

Free Speech for Student Activists January 21-23, 2020 Price Center West

DAY 1

Introductions Your name and pronouns Affiliation(s) What brings you here?

Roadmap • Review agenda • Goals • Norms THEN: The First Amendment on Campus and guest David Loy

The First Amendment to the US Constitution 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.

First Amendment: Key Ideas • It’s about restricting government action (public v. private universities) • Content- and viewpoint-based regulations • K-12 rules v. universities

First Amendment: Key Ideas (cont’d) • Unprotected speech: Defamation True threats Fighting words Obscenity Harassment Incitement

• “Hate speech” is not a category in US law

Free Speech on Campus: Common Issues • Faculty speech • Administration response • Students v. student (protest and counterprotest) • Off-campus people/groups

Free Speech at UCSD • UC Policy on Speech and Advocacy • UCSD PPM 510 Section IX: Policy on Speech, Advocacy and Distribution of Literature on University Grounds • Also: – Section IV. Authorized Users – Section V. A. Public Events

Group Exercise • Any experience with PPM 510?

• Would you change anything about it?

– If so, what?

– If not, what do you like about it?

• What would be the implications?

BREAK! (10 minutes)

David Loy Legal Director, ACLU of San Diego and Imperial Counties

DAY 2

Recap and roadmap update • Review agenda: simulation then Mitra today • Goals, norms • 1A, key ideas, UCSD PPM 510 • Reflections from Day 1

Simulation Facts • 2 students at UCSD and 2 guests, at least 2 are playing “n-word” game (can’t tell which 2) • Near Marshall College mural, no one around • Caught on camera from nearby construction site; reviewed as part of an investigation of an unrelated break-in • Faculty member overheard private security officers discussing it; mentions it in geophysics class, using the word in question • Student films faculty member and posts to private chat group; one person in group posts on Twitter leading to national attention

Simulation Questions • What should GSA do?

• What should BRC do?

• What should Triton VOICE do?

News flash!

• UCSD response: “This is not who we are as a community. We stand with our students from diverse backgrounds, especially black students. Because of the First Amendment free speech and academic freedom, we are constrained from taking further action regarding the students in the video or the professor. We unequivocally condemn the conduct in the footage and racism in general.”

Another news flash! • Criminal charge based on a 1949 state law*: Sec. 53-37. Ridicule on account of creed, religion, color, denomination, nationality or race.

Any person who, by his advertisement, ridicules or holds up to contempt any person or class of persons, on account of the creed, religion, color, denomination, nationality or race of such person or class of persons, shall be guilty of a class D misdemeanor.

• ACLU of San Diego brings a facial challenge to the constitutionality of the law *Not an actual California state law.

Simulation Questions #2 • Any changes in light of UCSD’s statement?

• Any changes in light of the criminal charges and ACLU lawsuit?

BREAK! (10 minutes)

Mitra Ebadolahi Senior Staff Attorney, ACLU of San Diego and Imperial Counties

DAY 3

Recap and roadmap update • Recap: – – – – –

Goals, norms 1A, key ideas, UCSD PPM 510 David Loy Simulation part 1 Mitra Ebadolahi

• Roadmap: Gracie then simulation and reflection today • Check in

Gracie Uriarte Lead Organizer, ACLU of San Diego and Imperial Counties UCSD alum

BREAK! (10 minutes)

Simulation Facts - 1 • 2 students at UCSD and 2 guests, at least 2 are playing “n-word” game (can’t tell which 2) • Near Marshall College mural, no one around • Caught on camera from nearby construction site; reviewed as part of an investigation of an unrelated break-in • Faculty member overheard private security officers discussing it; mentions it in geophysics class, using the word in question • Student films faculty member and posts to private chat group; one person in group posts on Twitter leading to national attention

Simulation Facts – 2 • UCSD response: “This is not who we are as a community. We stand with our students from diverse backgrounds, especially black students. Because of the First Amendment free speech and academic freedom, we are constrained from taking further action regarding the students in the video or the professor. We unequivocally condemn the conduct in the footage and racism in general.”

Simulation Facts – 3 • Criminal charge based on a 1949 state law*: Sec. 53-37. Ridicule on account of creed, religion, color, denomination, nationality or race.

Any person who, by his advertisement, ridicules or holds up to contempt any person or class of persons, on account of the creed, religion, color, denomination, nationality or race of such person or class of persons, shall be guilty of a class D misdemeanor.

• ACLU of San Diego brings a facial challenge to the constitutionality of the law *Not an actual California state law.

UPDATE!!

• Just as the hoopla is dying down, President Trump decides to hold a campaign rally at UCSD – Trump campaign will pay for the event

• The invitation came from the College Republicans and Turning Point-USA with support from the Politics Department – Politics Chair: “We support a free marketplace of ideas where controversial and even hateful positions can be challenged.”

• Media and social media are in a frenzy • You have 2.5 weeks before the event

Simulation Questions •

Reaction: – Will you respond? If so, what is the objective of the response?

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Communications: – Will you make a public statement?

•

If so, what will you say and how will you disseminate?

– How will you handle media inquiries?

•

Mobilization: – Emergency meeting with members?

•

If so, what will you say?

– Who are your allies? How will you build a strong coalition?

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Action: – – – –

Meet with administration? With whom, what will you say?

Meet with College Republicans? With whom, what will you say?

Protest? If so, how?

Other action?

Reflection • Check in • Unanswered questions • Most valuable lessons/experiences • What next?

THANK YOU!