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What can protesters legally do on California campuses? Is 'civil disobedience' OK?

Angela Rodriguez, The Sacramento Bee on

Published in News & Features

SACRAMENTO, Calif. — While the First Amendment protects your right to protest, there are limitations when it comes to exercising this right on California university campuses.

The amendment reads: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble.”

Chessie Thacher, a senior staff attorney at the American Civil Liberties Union of Northern California, said your right to protest isn’t typically limited on university grounds.

“It depends,” she said in a phone interview with The Sacramento Bee on Thursday afternoon. “California’s universities are typically viewed as public or limited public forums where the public can be invited.”

Across California, students at an estimated 27 colleges — both public and private — have staged pro-Palestinian protests in recent weeks, calling for a ceasefire in Gaza and institutional divestment in Israel.

When protesting on campus property, here’s what you need to know about protest rights and effective strategies, according to California experts:

 

What are your rights while protesting?

According to the ACLU of Northern California, the First Amendment protects the right to organize a protest, express your opinion and photograph events while on public property.

What are my rights on university grounds?

Leonard Law , or Education Code 94367, says all private and public educational postsecondary institutions, not controlled by a religious organization, are prohibited from enforcing rules or disciplining students for protected speech under the First Amendment.

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