California Legislature—2013–14 Regular Session

Assembly Concurrent Resolution No. 76

Introduced by Assembly Member Lowenthal

(Coauthor: Senator Monning)

August 15, 2013

Assembly Concurrent Resolution No. 76—Relative to freedom of speech at institutions of higher education.

LEGISLATIVE COUNSEL’S DIGEST

ACR 76, as introduced, Lowenthal. Freedom of speech: institutions of higher education.

This measure would recognize the importance of the right of freedom of speech, would condemn biased, hurtful, and dangerous speech intended to stoke fear and intimidation in its listeners, and would encourage public postsecondary educational institutions to ensure that they provide a safe, encouraging environment for exercising the right of freedom of speech.

Fiscal committee: no.

WHEREAS, The people of the United States enjoy a long history
of the right to freedom of speech and the ability to engage in
vigorous political debate, and nowhere is this better exhibited than
in California; and

WHEREAS, Free speech is the cornerstone of American culture
and the American political system, and it is therefore no
coincidence that this freedom is enshrined in the First Amendment
to the United States Constitution and Article I of the California
Constitution; and

WHEREAS, California’s college campuses are forums for the
sharing and discussion of diverse and sometimes competing ideas
and opinions, and they provide an ideal setting for interactions
among diverse student populations of differing identities, heritages,
and persuasions; and

WHEREAS, Of all environments, college campuses should be
safe harbors for fair and reasoned debate that invites the views and
voices of all Americans, including conservatives and liberals alike,
people of faith and nonbelievers alike, or any other combination
of people whose ideas may differ, but who can and will respect
each other’s constitutional right to free speech; and

WHEREAS, Speech critical of an idea or opinion does not
always equate to criticism of the individual, just as speech that
condemns a government policy does not implicitly condemn a
government’s citizenry, nor is speech critical of a religious
organization inherently critical of a faith or its followers; and

WHEREAS, Unfortunately, college campuses are also
sometimes home to some of the most vitriolic speech directed at
individuals; and

WHEREAS, Freedom of speech sometimes requires that society
tolerate the intolerant, but not without limitation; and

WHEREAS, A positive response to intolerance is for
fair-minded, decent men and women of all political persuasions
to exercise their own constitutionally protected right to free speech
to condemn biased, hurtful, and dangerous speech that is intended
to stoke fear and intimidation in its listeners; and

WHEREAS, It is incumbent upon students, professors,
administrators, and other school officials at all campuses across
the state to create a safe and enriching learning environment for
all students that protects and encourages an individual’s right to
free speech; now, therefore, be it

Resolved by the Assembly of the State of California, the Senate
thereof concurring, That the Legislature recognizes the supreme
importance of the right to freedom of speech and its rightful place
on college campuses as a mechanism for the sharing and discussion
of diverse ideas and opinions, including those that challenge a
person to consider the merits of his or her own positions; and be
it further

Resolved, That the Legislature hereby condemns biased, hurtful,
and dangerous speech intended to stoke fear and intimidation in
its listeners; and be it further

Resolved, That the Legislature encourages public postsecondary
institutions to ensure that they provide a safe, encouraging
environment for exercising the right to freedom of speech and for
the vibrant discussion of ideas and opinions from people of all
walks of life; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies
of this resolution to the author for appropriate distribution.