By Ava Uhlack, Sep. 3, 2024
The California State University system enacted a revised Time, Place and Manner policy this semester, stating what can and cannot be done regarding demonstrations of freedom of expression.
Enacted Aug. 21, the policy addresses guidelines — both new and existing — for students looking to publicly demonstrate their beliefs on CSU campuses. Some newer inclusions prohibit demonstrators from creating encampments to stay overnight or using face coverings during the demonstrations.
The policy also defines what spaces within a campus can or cannot be used for public demonstrations with labels such as public, limited public or non-public spaces. Public spaces are equally accessible for all and can be used for demonstrations if they do not interrupt university activities and remain lawful.
Limited public spaces are properties owned by the university that may be open to the public but can be restricted from the use of public demonstrations due to safety concerns or business operations. Any inquiries about space use can be discussed through the university for possible reservations.
Public spaces include any paved pedestrian walkways, the university park and the university stage.
All spaces that are not designated public or limited property but are owned by the university, including the inside of classrooms and buildings, are classified as non-public spaces and cannot be used for demonstration destinations.
For example, the Drama department, Bronco Student Center and Kellogg House are listed as limited spaces. However, each location listed can only be used for specific activities such as the Kellogg house for weddings and the Bronco Student Center for conferences or meetings.
As for non-public spaces, those include Building One, Huntley College of Agriculture, the College of Environmental Design and most other campus buildings that include those hosting class sessions but are not limited to that sole purpose.
“The policy is just meant to ensure that we are protecting everyone’s speech,” said Jason Lu, the interim director of Student Engagement, Leadership and Success. “It’s important to know that we are trying to make an environment where students understand that as well as the university make sure that everyone, no matter what background they are or what beliefs they have, that they have a right to be on our campus.”
Within the Cal Poly Pomona page for free speech policies is a link to the CSU-wide policy as well as the CPP addendum that lists more university-specific guidelines for demonstrations, including operation hours of the campus and a list of all campus locations as well as their classification of public, limited public or non-public.
Also included within that page is a link to the current free speech policy for union-represented employees, as their policy remains the previous version of the use of grounds policy, a conferring process will occur between unions to discuss the new time, place and manner policy.
This policy does not take away the ability for a person or people to publicly demonstrate or protest for their beliefs or dampen their First Amendment rights, but rather puts in place a set of principles for demonstrators to adhere to ensure public safety, according to Lu.
“Saying you can use the lawn, but you can’t use the lawn at 1 in the morning, is fine, constitutionally,” said Peter Hanink, an assistant professor in the sociology department. “Saying you can use the lawn, but you can’t blast loud music and disrupt class time or tear up the grass is fine.”
In New York, namely Central Park, there was concern that if a protest did take place, then the property would have been damaged, which is why having restrictions by itself to protect the campus is fine, according to Hanink.
At Club Rush, clubs were given a pamphlet on the time, manner and place policy, free speech, hate speech, understanding Title VI and how to demonstrate.
Club Rush is an event held a couple times during the year that allows different clubs and groups to put out a display at a table to gain attention from possible new members. The date of the event varies from year to year but is usually held in the beginning month of the semester for a couple days, according to past school calendars.
Nicole Martin, the scheduler for the Bronco Youth Democratic Socialists of America, was at the event when she received one of the pamphlets regarding free speech and demonstrations.
Groups such as the Bronco YDSA and Students for Justice in Palestine are examples of groups who participated in public demonstrations last spring.
“You had to go and contact the Bronco Leadership Center beforehand if you were going to do a demonstration and they had the discretion to say, ‘No, that can’t happen,’” said Martin. “You can have a protest that is disruptive but without being chaotic. People don’t protest because they want to get hurt; people protest because they feel it’s the last resort.”
Despite an email sent from the vice president of Student Affairs and the dean of Students Christina Gonzales — who announced the policy to the campus Aug. 26 — some students still seemed unaware of its creation.
“I’m just wondering what are some ways people are trying to get this out there right now since we haven’t really heard anything about it,” said environmental biology student Joanna Vasquez. “I wonder if they are trying to keep this hidden from students. It’s a very serious topic, and I’m wondering why it’s not voiced.”
Angela Caliz, a landscape architecture student, was also unaware of the policy and said she wished it was being spoken about within her classes.
“I feel like it’s really constricting from person to person, that if we have values that don’t align with what the school says they should, I feel like we should be free to speak about it,” Caliz said. “If we choose to hide our identities, that should be allowed as well because I feel like some people want to speak their voice but don’t want their identity out there for personal reasons or safety reasons.”
Not all students held the same opinion, however, and felt that the policies were a benefit to the campus.
“I’m all for freedom of speech and protesting on what you believe, but I do think there should be some policies on what protesters can do,” said Isaac Gonzales, a business administration student. “They could harm structures and other things, and I do think that policies like that would make protesting calmer and more politically right.”
After the protest against Lockheed Martin on campus in March, students who allegedly violated the student conduct policy went through an interview process to discuss the events and determine if there was a violation of the policy with the Office of Student Conduct and Integrity.
From there, if students had been in violation, possible consequences included being banned from campus, loss of financial aid, suspension an even expulsion, according to the student conduct code As for possible discipline if they violate the revised policy, the Office of Student Conduct and Integrity did not reply to comment in time for publication but consequences listed within the CSU’s website are similar.
Featured images courtesy of Andre Davancens
