As a public institution, Santa Monica College (SMC) is firmly committed, values, and
legally bound to uphold the right to freedom of speech as broadly protected by the first amendment of the United States Constitution. We
support the creative, thoughtful, and civil dialogue that is necessary to cultivate
a diverse community of learners and welcome respectful discourse where conflicting
perspectives can lead to robust debate and discussion.
SMC Guidelines for Freedom of Expression
Generally, expression may not be banned or restricted because of its content (what is said). However, the time, place, and manner of free expression can be regulated.
Santa Monica College has many outdoor areas where students may gather for discussion,
communication of ideas, distribution of literature, and collection of signatures on
petitions. While highly encouraged, these activities do not generally require prior
approval by the College. In engaging in such activities, all laws must be complied
with, such as not blocking pedestrian passageways (Penal Code Section 647c) and not
disturbing the peace (Penal Code Section 415).
To prevent disruption of educational activities, amplified sound requires a permit from the Events Office. Student clubs and organizations would work with the office
of student life for a permit request.
Use of classrooms and other facilities requires a permit from the College. Approved
student groups have priority for use of available College facilities. Outside groups
may be required to provide insurance and pay a fee. Because of fire codes, public
assemblies cannot take place inside building hallways.
Distribution of literature or the collection of signatures cannot occur in classrooms,
hallways, the Library, or parking lots. No literature may be placed or left on vehicles.
Posting of literature is prohibited on all structures, such as buildings, sidewalks,
walls, windows, doors, blackboards, lawns, trees, phone booths, and vending machines.
Posting on bulletin boards requires approval by an authorized person and must comply
with Administrative Regulation 4432.
No paint, chalk or ink messages may be placed, affixed or applied to the walls, windows,
floors or other surfaces of campus buildings or structures, streets, walkways, utility
poles, construction fences, trees or shrubbery. (AR 6510)
While participating in any picket line or public assembly, you cannot possess any
length of wood unless that object is one-fourth inch or less in thickness and two
inches or less in width or, if not generally rectangular in shape, such object shall
not exceed three-quarter inch in its thickest dimension. (Santa Monica Municipal Code
Section 4.08.789.)
Camping is not permitted on school grounds. (Santa Monica Municipal Code Section
4.08.095.) Refusing to leave any College facility during hours that it is closed to
the public constitutes criminal trespass. (Penal Code Section 602(q).)
No person, either alone or in combination with others, shall while on College property
or at official College functions either (1) deliberately disrupt or prevent the peaceful
and orderly conduct of classes, lectures and meetings or (2) deliberately disrupt
or prevent the freedom of any person to express the person’s views, including invited
speakers, at permitted events. (AR 6510(II)(B)(m)&(n).)
The U.S. Constitution protects free speech and expression in public forums. As a public
community college, SMC is legally required to allow people to speak on sidewalks and
other open areas of campus. While SMC is legally required by the Constitution to allow
free speech on campus grounds does not mean the College agrees with or endorses what
is being said. Please refer to the campus regulations above for more information on
what is allowed and not allowed on campus in regard to free speech.
Most forms of expression are protected under the U.S. consitiution's first amendment,
even if percieved as offensive or hateful. Expressive activities on Santa Monica College's
campus, such as speech, tabling in public areas, and pamphleting or displaying signs,
may be subject to reasonable limits to the time, place, and manner of the activities
(such as prohibiting excessive noise that disrupts learning in the classroom, and
prohibiting activity that impedes vehicle or pedestrian traffic).
Safety is something the College takes very seriously, and if altercations occur, campus
police will ensure the safety of everyone. Free speech and expression does not protect
violent or criminal behavior.
Hateful or offensive speech is protected by the Constitution in the same way that
popular or uncontroversial speech is protected. Free speech does not include speech
or threats directed at a specific person that is likely to provoke the average person
to violence or intentional endangerment of an individual.
If you are able to stop listening, walk away, or ignore the individual speaking, it
is unlikely that a court of law would find a person's freedom to speak, express or
demonstarte to meet the legal definition of harassment.
Here are a few tips for you when engaging with free speech and expression at SMC:
If you ever feel threatened or endangered for yours or anyone else's safety, contact
campus police at 310-434-4000.
Some people and groups may be seeking negative attention or attempting to cause disruption
on campus. Not providing them an audience and ignoring their behavior often results
in them leaving.
In addition if a person's speech, expression or demonstration upsets you, remember
you may always walk away or move to another location.
Remember SMC is a public insitution and therefore an open campus during business hours.
SMC Students, Staff and Employees are held to a higher standard of conduct than community
members and visitors. (see SMC Code of Conduct.)
It is very important to note that you cannot touch any speaker, no matter how offensive
you view their speech. By doing so, you might bring consequences upon yourself, while
also obscuring the validity of your own point of view.
On Campus Reporting
The Student Judicial Affairs Office upholds the Student Conduct Code, the Academic
Conduct Code, and the Honor Code to promote a safe learning environment at SMC. Please
contact Student Judicial Affairs regarding:
The student discipline process or student discipline issues.
SMC is committed to fostering a community in which all members feel respected and
safe. Sexual and gender-based harassment, misconduct, and violence including sexual
assault, stalking, and domestic or dating violence are not consistent with our mission
and values and will not be tolerated. Title IX is the law that prohibits this kind
of behavior.
To whom do I report a Title IX incident?
You have options for reporting:
You can report to the Title IX Coordinator by phone, 310-434-4225, or via email: winter_lisa@smc.edu.
You can speak to any employee at SMC and they will submit a Title IX "report a concern"
through our reporting system.
The SMC Campus Police Department provides law enforcement, crime prevention, investigation,
security, and parking and traffic control services at SMC. Please contact Campus Police
regarding:
Complaints about crimes (including sexual violence). Also, Campus Police can provide
assistance with situations involving safety and emergencies.
The ombudsperson acts as a listening ear, conciliator, mediator, and resource for
the college community. Please contact the Ombuds office regarding:
Assistance in facilitating discussions about grade disagreements, breakdown of communication,
and other complex issues. Conversations with the ombudsperson are confidential to
the extent permitted by law.
The office does not file formal complaints to the college. The Ombuds office is an
informal office where individuals may explore options in confidence.
SMC prohibits unlawful discrimination and sexual harassment in any of its programs
and activities. Unlawful discrimination is conduct that denies or limits a student’s
full and equal access to participate in or benefit from a school’s programs or activities
because of the student’s legally protected status in one or more of the following
categories.
Age
Race, Color or Ethnicity (including hair texture and style)
Sex (including Pregnancy)
Gender
Gender Identity (how you identify)
Gender Expression (i.e. appearance, dress, or behavior)
Religion
Immigration Status
Medical condition
Genetic information
Ancestry and National Origin
Sexual Orientation
Marital Status
Physical or Mental Disability
Military and Veteran Status
Perceived to have one or more of the foregoing characteristics
Based on association with a person or group with one or more of these actual or perceived
characteristics
To whom do I report an unlawful discrimination incident?
You have options for reporting:
You can contact the Human Resources by phone on 310-434-4225
The center's mission is "To explore the intersection fo expression, engagement and
democratice learning and consider what can be done to restore trust in the value of
free speech on college campuses and within society at large". On this site you will
find various educational resources available to explore free speech further.
