ACR 76, as amended, 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,begin insert as specified,end insert 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.
P1 1WHEREAS, The people of the United States enjoy a long history
2of the right to freedom of speech and the ability to engage in
3vigorous political debate, and nowhere is this better exhibited than
4in California; and
5WHEREAS, Free speech is the cornerstone of American culture
6and the American political system, and it is therefore no
7coincidence that this freedom is enshrined in the First Amendment
8to the United States Constitution andbegin insert inend insert Article I of the California
9Constitution; and
P2 1WHEREAS, California’s college campuses are forums for the
2sharing and discussion of diverse and sometimes competing ideas
3and opinions, and they provide an ideal setting for interactions
4among diverse student populations of differing identities, heritages,
5and persuasions; and
6WHEREAS, Of all environments, college campuses should be
7safe harbors for fair and reasoned debate that invites the views and
8voices of all Americans, including conservatives and liberals alike,
9people of faith and nonbelievers alike, or any other combination
10of people whose ideas may differ, but who can and will respect
11each other’s constitutional right to free speech; and
12WHEREAS, Speech critical of an idea or opinion does not
13always equate to criticism of the individual, just as speech that
14condemns a government policy does not implicitly condemn a
15government’s citizenry, nor is speech critical of a religious
16organization inherently critical of a faith or its followers; and
17WHEREAS, Unfortunately, college campuses are also
18sometimes home to some of the most vitriolic speech directed at
19individuals; and
20WHEREAS, Freedom of speech sometimes requires that society
21tolerate the intolerant, but not without limitation; and
22WHEREAS, A positive response to intolerance is for
23fair-minded, decent men and women of all political persuasions
24to exercise their own constitutionally protected right to free speech
25to condemn biased, hurtful, and dangerous speech that is intended
26to stoke fear and intimidation in its listenersbegin insert, including speech that
27promotes discrimination based on a protected characteristic, such
28as race, color, national origin, religion, sex, disability, age, genetic
29information, marital status, sexual orientation and identity,end insertbegin insert medical
30condition, and political activities or affiliationsend insert; and
31WHEREAS, It is incumbent upon students, professors,
32administrators, and other school officials at all campuses across
33the state to create a safe and enriching learning environment for
34all students that protects and encourages an individual’s right to
35free speech; now, therefore, be it
36Resolved by the Assembly of the State of California, the Senate
37thereof concurring, That the Legislature recognizes the supreme
38importance of the right to freedom of speechbegin insert, as protected by the
39First Amendment to the United States Constitution,end insert and its rightful
40place on college campuses as a mechanism for the sharing and
P3 1discussion of diverse ideas and opinions, including those that
2challenge a person to consider the merits of his or her own
3positions; and be it further
4Resolved, That the Legislature hereby condemns biased, hurtful,
5and dangerous speech intended to stoke fear and intimidation in
6its listenersbegin insert, including speech that promotes discrimination based
7on a protected characteristic, such as race, color, national origin,
8religion, sex, disability, age, genetic information, marital status,
9sexual orientation and identity, end insertbegin insert medical condition, or political
10activities or affiliationsend insert; and be it further
11Resolved, That the Legislature encourages public postsecondary
12institutions to ensure that they provide a safe, encouraging
13environment for exercising the right to freedom of speech and for
14the vibrant discussion of ideas and opinions from people of all
15walks of life; and be it further
16Resolved, That the Chief Clerk of the Assembly transmit copies
17of this resolution to the author for appropriate distribution.
O
98