First Amendment in Higher Education

Issues involving the First Amendment to the United States Constitution, the California State Constitution, and Title VI of the Civil Rights Act of 1964 are some of the most subtle and complex in higher education.  Recent campus political activity implicated the freedoms of speech, assembly, press, and religion, as well as anti-discrimination statutes and the Americans with Disabilities Act.  AALRR attorneys provide guidance and support on these issues, including critical advance planning.   

Though these issues can arise in an almost infinite number of situations, the contexts in which we have recently encountered them include the following:

• On-campus student speech activity, including demonstrations and protests

• On-campus encampments and "tent cities," including removal

• Impeding access to campus facilities 

• Involvement of persons from outside the campus community  

• Labor relations, including speech rights in union agreements 

• Campus media, including social media, websites, newspapers, posters, radio stations and graffiti 

• Class assignments, including credit for participation in campus political activity

• Pre-event permitting, including the application process and authorized location  

• Sponsorship of student organizations and on-campus speakers

• Counter-speech by the institution   
• Ministerial exception  

When these issues arise, AALRR can assist with providing solutions and implementation.