BILL NUMBER: ACR 76	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lowenthal
   (Coauthor: Senator Monning)

                        AUGUST 15, 2013

   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.