Freedom of Speech

PC students walking on campus

Our Commitment to Freedom of Speech

Porterville College is committed to upholding every individual's constitutionally protected rights to free expression, speech, and assembly. The time, place, and manner in which these rights may be exercised are governed by Porterville College policies and procedures (BP/AP 3900).

Freedom of Expression on Campus

Porterville College provides areas of campus for expressive activities in accordance with District policy and applicable law. These areas generally include grassy areas, walkways, and other similar common areas that allow individuals and groups to communicate while supporting the College’s educational activities and the orderly operation of the campus.

Expressive activities may include, but are not limited to, distributing printed materials or petitions, displaying signs, wearing buttons or other insignia, speaking with others, and gathering for expressive purposes, consistent with BP 3900 and AP 3900.

The exercise of free expression is subject to the reasonable time, place, and manner requirements established in District policy and administrative procedure. Porterville College encourages members of the campus community and visitors to review these requirements before engaging in expressive activities.

Speech: Time, Place, and Manner

Kern Community College District BP 3900 and AP 3900 establish the District’s policies and procedures regarding freedom of expression, including:

  • Designated areas available for expressive activities;
  • Time, place, and manner requirements;
  • Distribution of materials and use of campus areas;
  • Requirements applicable to students, employees, and members of the public; and
  • Speech or conduct that may be prohibited under District policy and applicable law.

Students, employees, and members of the public shall be free to exercise their rights of free expression, subject to the requirements of this policy.

The Colleges of the District are non-public forums, except for those areas that are designated public forums available for the exercise of expression by students, employees, and members of the public. The Chancellor or designee shall enact such administrative procedures as are necessary to reasonably regulate the time, place, and manner of the exercise of free expression in the designated public forums.

The administrative procedures promulgated by the Chancellor or designee shall not prohibit the right of students to exercise free expression, including but not limited to the use of bulletin boards, the distribution of printed materials or petitions and the wearing of buttons, badges, or other insignia.

Speech shall be prohibited that is defamatory, obscene according to current legal standards, or which so incites others as to create a clear and present danger of the commission of unlawful acts on District property or the violation of District policies or procedures, or the substantial disruption of the orderly operation of the District.

Nothing in this policy shall prohibit the regulation of hate violence directed at students in a manner that denies their full participation in the educational process (Education Code Section 66301 subdivision (e)), so long as the regulation conforms to the requirements of the First Amendment to the United States Constitution, and of Section 2 of Article 1 of the California Constitution. Students may be disciplined for harassment, threats, or intimidation unless such speech is constitutionally protected; members of the public may be asked to leave the campus pursuant to current law.

(See AP 3900)

The students and employees of the District and members of the public shall be permitted to exercise their rights of free expression subject to the time, place, and manner policies and procedures contained in Board Policy 3900 Speech: Time, Place, and Manner and this procedure.

The Colleges of the District designate the following areas as reserved for expressive activities which do not violate District policy and which are lawful: those areas generally available to students and the community, defined as grassy areas, walkways, and other similar common areas. These areas are chosen so as to provide visibility and allow communication to a large number of students, administrators, faculty, and others walking or traveling on campus but also so as not to disrupt educational and other activities of the District on behalf of students.

  • These areas are designated public forums. The District reserves the right to revoke that designation and apply a non-public forum designation.
  • The District reserves the right to designate areas as non-public forums as necessary to prevent the substantial disruption of the orderly operation of the college. Areas of the college that are non-public forums specifically include campus offices, classrooms, warehouses, maintenance yards, athletic fields in use or scheduled for use, or locker rooms, and any other area not specified above.

The use of these areas reserved and open for expressive activities is subject to the following:

  • No person using the areas shall touch, strike, or physically impede the progress of passersby, except for incidental or accidental contact or contact initiated by a passerby.
  • Persons using areas shall not use any means of amplification that creates a noise or diversion that disturbs the orderly conduct of the campus or classes taking place at that time.
  • Persons using the areas reserved for expressive activities shall not disrupt the orderly operation of the college.

Non-student, community groups wishing to engage in speech or expressive activities on campus, in the areas designated as public forums, must check in with the College Administrative Office three business days prior to engaging in the activities. This does not involve an advance approval process. No illegal activities will be permitted, no activities that violate District or campus rules, including rules and laws on illegal harassment and discrimination, and none that will substantially interfere with or disrupt activities already scheduled for that day and time in the designated areas. In the event the area sought to be used for expressive activities has already been reserved for another activity so that there will be substantial interference or disruption based on noise, overcrowding, or other considerations unrelated to content, the District will offer alternative available areas or, if none are available, offer alternative dates. Students, outside organizations, and others are encouraged to make reservations in advance to use the areas for their expressive activities through the use of optional reservation forms.

All persons using the areas that are designated public forums shall be allowed to distribute petitions, circulars, leaflets, newspapers, and other printed matter. Such distribution shall take place only within those areas. Those persons distributing printed material must, prior to their departure from the areas that day, make reasonable efforts to retrieve, remove or properly discard material that is discarded or dropped in or around the areas other than in an appropriate receptacle.

Hours of Access

The hours of operation of the District are 7:00 a.m. to 10:00 p.m. Expressive activities are not permitted outside the District’s hours of operation. Overnight use or sleeping on campus is not permitted, nor is use of the campus areas for sleeping, camping, or laying down of bedding. Nor is use of facilities for similar purposes permitted during hours of operation.

Posting

Bulletin boards shall be provided for use in posting materials at campus locations convenient for use by students, staff, and members of the public. All materials displayed on a bulletin board shall clearly indicate the author or agency responsible for its production. The District may remove materials displayed after the passage of ten days.