ASFC Welcome Center

Freedom of speech is the right of a person to articulate opinions and ideas without interference or retaliation from the government. The term “speech” constitutes expression that includes far more than just words, but also what a person wears, reads, performs, protests and more. In the United States, freedom of speech is strongly protected by the First Amendment of the U.S. Constitution, in Article I of the California Constitution, as well as many state and federal laws. The United States’ free speech protections are among the strongest of any democracy; the First Amendment protects even speech that many would see as offensive, hateful or distasteful. 

The term “hate speech” does not have a legal definition in the United States, but it often refers to speech that insults or demeans a person or group of people on the basis of attributes such as race, religion, ethnic origin, sexual orientation, disability or gender. While the college condemns speech of this kind, there is no “hate speech” exception to the First Amendment and it is only illegal if it falls into one of the categories described below, or if it is accompanied by actions and circumstances that rise to the level of harassment, discrimination, or retaliation. In fact, on many occasions, the Supreme Court has explicitly held that prohibitions or punishments for hateful speech violate the First Amendment. Just because there is a First Amendment right to say something, however, doesn’t mean that it should be said, and doesn’t protect the speaker from the social ramifications of their speech. The First Amendment protects a right to say hateful things, but as a campus we strive to be a community where no one will choose to express hate. 

The Constitution guarantees freedom of speech by default, placing the burden on the state (or any political subdivision of the state) to demonstrate whether there are any circumstances that justify its limitation. When it comes to controversial speakers delivering remarks on campus, the relevant exceptions to the First Amendment that have been established are: 

Speech that would be deemed a “true threat”: Speech that a person reasonably would perceive as an immediate threat to his or her physical safety is not protected by the First Amendment.  

Incitement of illegal activity: There is no right to incite people to break the law, including to commit acts of violence. To constitute incitement, the Supreme Court has said that there must be a substantial likelihood of imminent illegal activity and the speech must be directed to causing imminent illegal activity.  

Harassment in an educational institution aimed at an individual on the basis of a protected characteristic (race, gender, sexual orientation, religion); that is also pervasive and severe; is a direct or implied threat to employment or education; or creates an intimidating, hostile and demeaning atmosphere.  

Obscenity with no artistic/political/educational value: Some speech may lose its protection when it depicts or describes something in a patently offensive manner without any artistic, political, literary, or scientific value. For instance, while a photographer has the right to take and display photographs for artistic or journalistic purposes, some subjects – like child pornography – have been found to be unprotected speech. 

Our mission statement challenges us to embrace inclusivity, serve diverse learners, and equip our students to think critically to address complex societal challenges. These are not light statements nor easy work. This is truly a challenge. It means that we need to commit to being an institution where diverse views can be expressed, which is where we find the concept of academic freedom – colleges play a vital role in a democracy by providing an environment in which free inquiry, study, evaluation, and learning occur, where academics gain new maturity and understanding. We need to acknowledge as a community that many societal issues are complex, with different legitimate perspectives. As an educational institution we need to allow diverse perspectives and opinions to be displayed and discussed. We do not want to be in the business of censoring free speech because, among other things, that stifles a learner’s ability to develop critical thinking skills. As educators, we know that growing, learning, and reflecting on what we believe is challenging and often feels uncomfortable. Working through feeling uncomfortable by considering other’s perspectives is part of learning to think critically and part of growing into your own perspective and opinions. That said, as a community emphasizing our free speech rights, we should always do that with awareness of how our language is impacting others. Sharing your perspective is important but should be done from the lens of understanding its impact on others. 

Our Time, Place, and Manner policy, BP and AP3900, do not allow political speech to be posted or propagated everywhere/anywhere on campus. Expressive activities are preferred on Cesar Chavez Plaza, after checking in at the welcome center.  

The Supreme Court has said that public entities have discretion in regulating the “time, place, and manner” of speech. The right to speak on campus is not a right to speak any time, at any place and in any manner that a person wishes. The campus can regulate where, when and how speech occurs to ensure the functioning of the campus and achieve important goals, such as protecting public safety. 

District Time, Place and Manner Policy: AP3900 

We have a culture on our campus that has allowed chalk writing over the years, most especially with general artistic expressions, supporting students during exams, and advertising events. Therefore, while not explicitly mentioned in our Time, Place, and Manner policy, it is an allowed medium by precedence. We allow chalk writing on one major walkway on campus, the large walkway throughout our Cesar Chavez Plaza that leads to the DRC (5000 buildings). Chalk outside of those locations – and any chalk on walls, stones, alcoves, benches, stairs or any structures and places outside the main thoroughfares – is removed and also classified as vandalism. This is because chalk on some building materials is very difficult to remove. Per our Time, Place, and Manner policy, chalk art may be removed after the normal business hours of the day; Facilities routinely cleans up our campus in this respect, whether the expression is in chalk, on flyers, or on signs/banners left behind. Also, as a respectful community that learns from and supports each other, we remove any chalk writing that specifically addresses individuals. 

Our community is using the phrases “uncomfortable, unsafe, and unwelcome” in vastly different meanings. Part of discovering what resources are the right next step for yourself is to really reflect on your own use of those phrases. Most importantly, if you are feeling physically unsafe by a situation on campus, immediately call the district police using either 911 or 408.924.8000. We recognize the political perspective and language that some use can be a triggering reminder of traumas for others. Students have access to free, 24/7 live (virtual) mental health professionals through our TimelyCare app. Students can also make appointments for free, in person mental health support with our Mental Health and Wellness Office. Faculty and staff have access to mental health resources through our Employee Assistance Program (EAP). Foothill College also has a large array of diverse student clubs. Students are encouraged to engage in clubs to help build their own community of welcoming peers with shared perspectives and lived experiences. 

We encourage all members of our community: administrators, faculty, staff, and students to respect the differing opinions and perspectives of our community. Our mission as an educational institution challenges all of us to share our perspectives and opinions from a place of humility. None of us are the sole owners of the truth, and we all have things to learn and grow from each other. This shared growth cannot occur if there isn’t an authentic acceptance that it is OK for others to have different opinions and perspectives. Our community suffers when we approach interactions with others who differ from us as a competitive one, where we want to convince the “other side” that our perspective is the right one.  

If it is known that an event with a controversial speaker may lead to physical violence, is that legal grounds for the college to cancel the event? 

The Supreme Court has made it clear that a public institution cannot prevent speech on the grounds that it is likely to provoke a hostile response. Stopping speech before it occurs is called a “prior restraint,” and prior restraints of speech are almost never allowed. While the campus is constitutionally required and committed to doing what it can to protect speakers and to prevent disruption or violence, if despite all efforts by the campus there is a serious threat to public safety and no other alternative, a speaker’s event can be canceled. This is a last resort, and never done based on the views of the speaker. The campus’s paramount need is to protect the safety of its students, staff and faculty. Only student groups who invite speakers have the authority to disinvite them.  

Fee: Free. 

Area is limited to the bricked area of the Cesar Chavez Plaza. Amplified sound is strictly prohibited. May not solicit for donations, request for funds, sales, etc.

Fee: $30.00 per day (mon, tues, thur, fri)

Selling books, clothing, crafts, etc

Fee: $60.00 per day (mon, tues, thur, fri)

Marketing cell phones, discount tickets, insurance, legal aid, memberships, fitness centers, newspapers, etc.

Fee: $15.00 per day (mon, tues, thur, fri)

Charities or other non-profit organizations including request for donations, selling raffle tickets, etc.