The Expressive Activity Time, Place, and Manner Policy, in conjunction with other University Policies and applicable laws, describes UC San Diego’s time, place, and manner requirements for expressive activity while on University Property and serve as UC San Diego’s implementing procedures for PACAOS Section 30.00.

 

SCOPE

 

Except as otherwise provided, the Expressive Activity Time, Place, and Manner Policy applies to all persons on University Property, includingall University Affiliates and University Non-affiliates. This Policy does not apply to University Supported Activities conducted or organized by University Officials acting within the course and scope of their assigned duties and responsibilities with the knowledge and approval of their Vice Chancellor or, in the case of the Health System, the Chief Executive Officer, UC San Diego Health.

 

DEFINITIONS

 

For purposes of this Policy, the definitions in the University of California Policy Applying to Campus Activities, Organizations and Students (PACAOS) 14.00, the University of California Regulations Governing Conduct of Non-Affiliates in the Buildings and on the Grounds of the University of California, and those listed below apply:

 

1.     Ambient Noise means background noise in an environment, often a composite of sounds from many sources (e.g., traffic at a busy intersection, construction, crowd noise).

2.     Amplified Sound means sound that is made louder or stronger by using an instrument, device, or other equipment (e.g., bullhorns, amplifiers).

3.     Authorized Student Government means the UC San Diego student governments authorized by the Chancellor’s Office. Authorized Student Governments include Associated Students, Graduate and Professional Student Association, and undergraduate college councils.

4.     Information Tabling Areas means the outdoor university locations identified on Appendix A.

5.     Literature means printed material used to communicate information.

6.     Non-Commercial means an activity not intended to have profit as its primary purpose.

7.     Public Expressive Activity means leafletting, marches, picketing, protesting, speech-making, demonstrations, petition circulation, performances, distribution and sale of non-commercial Literature incidental to these activities, and similar speech-related activities directed at a public audience.

8.     Public Space(s) means University Property that is open to the public for public communication at the time of use or attempted use. Public Spaces do not include, for example, athletic fields/courts, health-care facilities, spaces leased or licensed to third parties, parking lots and garages, the Epstein Family Amphitheater, vehicles, and maritime vessels. The specific areas/spaces that are open to the public for public communication is subject to change at any time; for example, specific areas/spaces may be closed by the University for operational reasons, including University events, construction, maintenance, and/or where the University deems it prudent to close an area for health or safety reasons.

9.     Reservable Areas means the outdoor university locations identified in Appendix B that may, with a reservation, be used for certain events and/or tabling; requests for reservations must be made using the links provided in Appendix B and all reservations for, and uses of, such areas are subject to all location-specific rules that are communicated as part of the reservation process.

10.  Structure or Display means any object (including fencing, tents, platforms, booths, tables, and electronics) larger than two feet in any dimension that is placed on the ground for 10 or more minutes and/or is left unattended in a public area. This does not include objects entirely supported or carried by a single person that do not extend more than one foot from that person (e.g., a signboard supported over a person’s shoulders).

11.  Tabling means staffing a single table, no larger than 6 feet by 3 feet, solely for purposes of distributing and/or collecting information. Tabling (for purposes of this Policy) cannot/does not include selling and/or preparing food or beverages, and/or using Amplified Sound.

12.  University Affiliate means any person who is a student, officer, official volunteer, employee, Regent, emeritus of the University, or a member of a household authorized to reside in University Property, including as such terms are used in Section 100001.A.1–100001.A.4 of the Regulations Governing Conduct of Non-Affiliates in the Buildings and on the Grounds of the University of California.

13.  University Non-affiliate has the definition provided in Section 100001 of the Regulations Governing Conduct of Non-Affiliates in the Buildings and on the Grounds of the University of California.

14.  University Official includes any person employed by the University while acting in the course and scope of their assigned duties and responsibilities.

15.  University Policy means the written regulations of the University, including, but not limited to, the UC San Diego Policy and Procedure Manual (“PPM”) and other University policies, including Regental and/or systemwide university policies (e.g., PACAOS).

16.  University Property means any University-owned, -operated, -leased, -controlled, or -maintained property, including all University grounds and structures or such other property as may be designated by the campus as property subject to University Policy, including “Property” as defined in PACAOS 14.20 and “University Property” as defined in the Regulations Governing Conduct of Non-Affiliates in the Buildings and on the Grounds of the University of California.

17.  University Supported Activity means any activity on, or off-campus which is initiated, organized, or supervised by the University. University Supported Activities include, but are not limited to, classes, research, lectures, administrative and student services, meetings, housing, programs, and events (including any such activities that may be conducted virtually (e.g., videoconferencing)).

 

POLICY STATEMENT

 

Public Expressive Activity on University Property is permitted and encouraged provided that it complies with this Policy, all other University Policies, and applicable laws.

 

The time, place, and manner rules in this Policy are designed to protect the rights, safety, and property of the University community and the ability of the University to perform its functions while assuring that all persons may exercise the constitutionally protected right of free expression. The University will administer this Policy without regard to the viewpoint of the person(s) engaging in Public Expressive Activity. The University will apply and enforce this policy in accordance with theHigher Education Employment Relations Act and collective bargaining agreements when and where applicable.

 

Public Expressive Activity and other conduct that violates this Policy is prohibited. Failure to comply with this Policy may result in discipline and/or civil and/or criminal legal liability.

 

A.    OTHER RELATED/RELEVANT POLICIES

 

This Policy, among other things, requires compliance with other University Policies. For ease of reference, other University Policies that also touch on expressive activities include, but are not limited to:

 

·       Regulations Governing Conduct of Non-Affiliates in the Buildings and on the Grounds of the University of California
https://policy.ucop.edu/doc/3000127/NonAffiliateRegs)

·       UC San Diego’s Student Conduct Procedures
https://adminrecords.ucsd.edu/PPM/docs/160-10.pdf (PPM 160-10)

·       UC San Diego Residential Life Community Standards https://sage.ucsd.edu/procedures/index.html#UC-San-Diego-Residential-Life-C)

·       UC San Diego Policies relating to Use of University Properties https://adminrecords.ucsd.edu/ppm/docs/toc510.HTML (PPM 510-1 Section I-XIII)), including:

·       Policy on Major Events on Campus
https://adminrecords.ucsd.edu/ppm/docs/510-1.5a.HTML (PPM 510-1 Section V.A)

·       Use of University Properties for Commercial Purposes https://adminrecords.ucsd.edu/ppm/docs/510-1.10.HTML (PPM 510-1 Section X)

·       UC San Diego’s Policy relating to Environmental Sanitation- Housing, Camping, Fires, Fencing, Electricity, and Water Usage
https://adminrecords.ucsd.edu/ppm/docs/516-10.3.pdf (PPM 516-10.3)

·       University of California Anti-Discrimination Policy
https://policy.ucop.edu/doc/1001004/Anti-Discrimination)

·       University of California Policies Applying to Campus Activities, Organizations, and Students (“PACAOS” (https://www.ucop.edu/student-equity-affairs/policies/pacaos.html)), including:

·       the Policy on Speech and Advocacy
https://policy.ucop.edu/doc/2710523/PACAOS-30 (PACAOS 30)

·       the Policy on Use of University-Properties
https://policy.ucop.edu/doc/2710524/PACAOS-40 (PACAOS 40)

·       the Policy on Student Conduct and Discipline https://policy.ucop.edu/doc/2710530/PACAOS-100 (PACAOS 100)

·       the Policy and Supplemental Guidelines on the Marketing of Credit Cards to Students https://policy.ucop.edu/doc/2710541/PACAOS-Appendix-D (PACAOS Appendix D)

 

B.    GENERAL RULES

 

1.     Permitted Conduct. Subject to the rules in this Policy, other University Policies, and applicable laws, between the hours of 7:00 a.m. and 11 p.m., Public Expressive Activity is permitted in Public Spaces. All persons subject to this policy are required to follow the instructions of authorized University Officials regarding whether a particular space is a Public Space. Public Expressive Activities where more than 100 people are expected to attend are considered Major Events and are also subject to the rules and regulations stated in the Major Events Policy, PPM 510-1, Section V.A.

 

2.     Prohibited Conduct. Conduct, activities, and actions, including Public Expressive Activities, are prohibited whenever they:

 

a.       Unreasonably disrupt or interfere with (i) a University Supported Activity; (ii) a permitted Public Expressive Activity of another person (e.g., shouting down a speaker, occupying another speaker’s stage, seizing a speaker’s microphone); (iii) University operations, business, academics, or extra- or co-curricular activities; (iv) the operations of businesses, lessees, or vendors authorized by the University; and/or (v) the orderly conduct of the activities of the University (including, but not limited to, obstructing access to programs, activities, and/or campus areas that are ordinarily available to students).

b.       Harass, threaten, or physically injure other people or put a reasonable person in fear for their physical safety.

c.       Violate a person’s reasonable expectation of privacy.

d.       Interfere with and/or limit the free movement of another person in a manner that a reasonable person would find intimidating and/or offensive (e.g., surrounding people, blocking paths of travel, surrounding vehicles).

e.       Restrain, detain, and/or confine another person by making that person stay or go somewhere against that person’s will.

f.        Block, obstruct, and/or limit access to entrances, exits, stairways, ramps, and/or elevators, or otherwise interfere with the flow of traffic in or out of campus buildings.

g.       Obstruct pedestrian and/or vehicular traffic on lawns, walkways, bike paths, roadways, crosswalks, fire lanes, parking lots, parking structures, and/or other thoroughfares.

h.       Constitute an unlawful assembly (see California Penal Code Section 407).

i.         Damage or pose an unreasonable risk of damage to the environment (e.g., trees, vegetation, wildlife), University property, and/or property of others.

j.         Violate other University Policies or local, state, or federal laws.

 

3.     Sign Handles. Sign handles may be made of foam or wood. The use of metal stakes, clubs, and/or pipes is prohibited. The size of wood handles or supports is limited to one-fourth of an inch (1/4”) in thickness by three-fourths of an inch (3/4”) in width and may extend no more than 18 inches beyond a single exterior edge of a sign, poster, placard, flag, and/or banner.

 

4.     No Indoor Parades or Demonstrations with Noisemakers. Parading, demonstrating, and/or picketing inside any University building while using noisemakers, such as whistles, pots and pans, or bullhorns, is prohibited.

 

5.     No Endorsement. Individuals and organizations may not represent that Public Expressive Activity is endorsed, sponsored, and/or sanctioned by the University without the written consent of the Chancellor or their designee.

 

6.     No Disguises. No person may wear a mask, personal disguise, and/or otherwise conceal their identity with the intent of intimidating any person or group or for the purpose of evading or hindering discovery, recognition, or identification in the commission of violations of University Policy, University regulations, and/or local, state, or federal laws. Wearing masks or face coverings is permissible for all persons who are complying with University policies and applicable laws.

 

7.     No Unlawful Assemblies. No person may remain present in any University area after they have been lawfully warned to disperse, except peace officers, persons assisting peace officers, and University Officials acting in the course and scope of their assigned duties.

 

8.     No Access to Non-Public Spaces Without Permission. Unless otherwise authorized by law, entering or remaining in an outdoor area or an indoor space closed to the public without permission from an authorized University Official is prohibited. To the extent established by the Higher Education Employment Relations Act or by an applicable collective bargaining agreement, nothing in this paragraph limits the rights of employees and employee organizations to access University facilities in a peaceful and lawful manner, subject to the reasonable regulations of the facilities.

 

9.     Reserving Certain Areas. Reservable Areas (see Appendix B) are campus spaces expressly designated by the campus as available to be reserved for Public Expressive Activity. Reservable Areas are subject to change without notice. Reservations for Reservable Areas may be limited in area, duration, and/or frequency, so as to allow different people and groups meaningful opportunities to access such spaces. Disrupting or interfering with an event or activity that has reserved space in compliance with this Policy is prohibited. Events and/or activities occurring in a Reservable Area, including by those with a reservation, must still comply with all the rules stated in this Policy, as well as any specific rules communicated by the department responsible for the specific Reservable Area.

 

10.  Competing Activities. If two or more persons or groups attempt to use the same space at the same time, University Officials will respond as follows:

 

a. Reservation Priority. If a person or group has a reservation, that reservation will be respected, and the other person(s) or group(s) will be directed to move to another space (if one is reasonably available) to continue their activity.

b.  Relocation of Competing Non-Reserved Uses. If no person or group has a reservation, University Officials, using their professional judgment and the Decision Factors specified below, will direct competing persons or groups to move to spaces where their activities will not interfere with each other and with other campus activities. As used herein, “interference” includes sound levels that disrupt other activities and physical obstruction preventing reasonable use of space.

c. Decision Factors. When deciding whom to ask to move and where to ask them to move to, University Officials may not consider the viewpoints of the different persons or groups but may consider:

 

·       Safety concerns, including the potential for physical confrontations

·       Compliance with university policies, including regarding noise regulations and structures

·       First arrival/established presence (if reasonably ascertainable)

·       Group size relative to available space options

·       Suitability of alternative locations for the competing activities

 

Groups that are not in compliance with University policy may be directed to move or to cease and desist for that reason alone.

 

d. Failing to follow the directions of a University Official to relocate is a violation of this Policy and/or Section 100004 of Title V, Division 10, Chapter 1 of the California Code of Regulations and may result in disciplinary action or arrest and prosecution.

 

11.  Consequences. Failure to comply with this Policy or the directives of University Officials administering this Policy may constitute a trespass, disorderly conduct, an unlawful assembly, and/or other unlawful conduct and may subject such persons to arrest and prosecution, and/or may result in disciplinary action and sanctions per University Policy, applicable collective bargaining agreements, and applicable federal, state, and local law.

 

C.    NO RESIDENTIAL FOCUSED PICKETING

 

Individuals and organizations are prohibited from picketing or organizing picketing that is focused on and takes place in front of any University Property that is a residence or dwelling of an individual, including as prohibited by Chapter 5 Article 2 Division 20, Sections 52.2001-2003 of the San Diego Municipal Code.

 

D.    STRUCTURES, DISPLAYS, AND EQUIPMENT

 

1.     Structures, Displays, and Equipment

 

a.    Other than information tables permitted by Section D.2 and sound equipment authorized by Section E.1(a), free-standing equipment or Structures or Displays on University Property require prior permission from UC San Diego’s department of Environment Health and Safety or the responsible facility and/or area manager. Erecting, maintaining, using, or occupying free-standing equipment or Structures or Displays on University Property without permission is prohibited.

b.     All free-standing equipment or Structures or Displays on University Property must be made available for inspection upon request by a University Official, must not pose a danger to people and/or property, must not interfere with or disrupt University Supported Activities or other University business, and must not obstruct the free flow of traffic.

c.     If approved by an authorized University Official, free-standing equipment or Structures or Displays on University Property may only be installed after 7:00 a.m. and must be fully removed by 11:59 p.m. each day. Approved free-standing equipment or Structures or Displays on University Property may be erected on University Property for no more than five consecutive days and no more than ten total days in an academic quarter.

d.     Any free-standing equipment, Structures or Displays that fail to meet the requirements of this Policy or any other University Policy may be removed by the University at the expense of the person or group that installed it.

 

2.     Exempt Information Tables

 

a.   Tabling in an Information Tabling Area is normally permitted, without a reservation, at the times and places set forth in Appendix A. Such Tabling may include no more than 2 chairs and no more than 20 people staffing the table at any one time.

b.   Information tables and accompanying materials/literature may not be left unattended. Information tables must be completely removed at the conclusion of the applicable time period identified in Appendix A.

c.   Tabling without a reservation is not permitted in Reservable Areas when such areas have been reserved by others.

 

E.     AMPLIFIED SOUND

 

1.     Outdoor Spaces

 

a.     Amplified Sound is permitted in outdoor spaces when and where Public Expressive Activity is permitted provided that its use complies with the General Rules provided in this Policy and with the decibel restrictions provided in this Policy. No permission is required to use handheld Amplified Sound (e.g., a bullhorn). Non-handheld Amplified Sound (e.g., speakers or amplifiers) requires prior permission from the Vice Chancellor – Student Affairs and Campus Life and all sound equipment must be made available for inspection and testing at any time upon request by University Officials to ensure compliance with University policies, including the decibel requirements.

b.     The maximum decibel level for Amplified Sound may not exceed 90 dBA when measured 50 feet or more from the sound source or at the exterior walls or entrances of any residential building or health care facility. The average decibel level measured over any 15 second period may not exceed 75 dBAwhen measured 50 feet or more from the sound source or at the exterior walls or entrances of any residential building or health care facility.

c.     Ambient Noise will be considered when administering sound limitations. If Ambient Noise reaches, and/or exceeds 90 dBA, Amplified Sound may be increased so it may be intelligibly heard at the edge of a crowd or 50 feet from the speaker, whichever is lesser, but under no circumstances may it exceed 105 dBA. Notwithstanding the foregoing, under no circumstances may the average decibel level measured over any 15 second period exceed 95 dBA when measured at the exterior walls or entrances of any residential building or health care facility.

d.     Groups or individuals exceeding maximum allowable decibel levels will generally be given one warning and requested to reduce the volume to allowable levels. Exceeding allowable levels is a violation of this Policy.

e.     Notwithstanding any other provision of this Policy, no Amplified Sound is permitted during Finals Weeks.

 

2.     Indoor Spaces

 

With a reservation, Amplified Sound may be used indoors but only inside a reserved room and only in compliance with the rules of the facility where the reserved room is located. If the facility does not specify rules for Amplified Sound, then Amplified Sound must be limited so that it cannot be heard more than 50 feet from the room where the reserved event is taking place.

 

F.     POSTING OF LITERATURE, SIGNS, and BANNERS

 

1.     Non-Commercial Literature may be posted on designated bulletin boards, kiosks, and other designated locations if it does not damage University Property and/or otherwise violate this Policy. Prior approval is not required for posting in these locations unless specifically noted. See Appendix C for a list of applicable posting requirements relating to certain bulletin boards, kiosks, and other locations.

2.     Adhesive materials (e.g., glue, decals, stickers), markers, paint, ink, chalk (except as authorized in Section G, below), posters, signs, banners, and/or other written or graphic material may not damage, be placed on or against, attached to, and/or written on any structure or natural feature of the campus, including, but not limited to, the ground, trees, doors, signs, light poles, waste receptacles, building exteriors, building surfaces, windows, fences, and/or walkways. Damaging University Property may result in discipline and/or civil or criminal liability.

3.     Projection of images onto University buildings or bridges is prohibited.

4.     Postings are limited to two per individual location. Postings exceeding this requirement may be removed by the University, including the department responsible for the location. Posting on top of other allowable postings and/or removing other postings is prohibited without authorization of the department responsible for the location. 

5.     Painters’ tape or other non-destructive and removable hanging material may be used to post flyers at approved posting locations. The use of paste, glue, nails, masking tape, and/or duct tape is prohibited. Staples and tacks may be used on bulletin boards.

6.     Postings for events and activities must indicate the name of the sponsoring organization, group, or individual, the nature of the event or activity, and the date, time, and location of the event or activity.

7.     Within 48 hours after the event or activity, postings for events or activities must be removed by the sponsoring organization, group, or individual. Postings unrelated to an event or activity must include the date on which they were posted. In order to foster opportunities to post, the University may remove any posting that is more than 10 days old. Approved posting locations may impose additional, reasonable rules regarding time limits for postings.

8.     Postings on or within kiosks and bulletin boards maintained by Authorized Student Governments must be approved by the respective Authorized Student Government prior to posting.

9.     The University may designate posting locations for special-purpose notices (e.g., ride boards, housing information). Use of these locations is subject to any specific special-purpose rules created by the University.

10.  By allowing the posting, distribution, and exhibition of Literature on University Property by individuals and/or organizations, the University does not express or imply any endorsement of the content of such Literature. The University is not responsible and/or liable for the views and/or actions of persons engaging in these activities.

 

G.    CHALKING

 

1.     Chalking is permitted only on non-covered concrete or asphalt sidewalks and only when using water-soluble stick chalk. Chalking is prohibited on all other surfaces including, but not limited to, roadways, buildings, windows, steps, seating walls, benches, tables, signs, poles, columns, waste receptacles, trees, and other surfaces, structures, and/or fixtures.

2.     Chalking that damages University Property is prohibited. Damaging University Property may result in discipline and/or civil and/or criminal liability.

3.     The University is not responsible for ensuring that chalking is maintained for any specific duration. Chalking may be cleaned by the University prior to a scheduled event, as part of regular maintenance, and/or as necessary if or when rain does not fully wash it away.

 

RESPONSIBILITIES

 

A.     Individuals, organizations, and groups are solely responsible for their Public Expressive Activity, on- or off-campus, and are acting voluntarily at their own risk, with no right to seek indemnification from the University for the consequences of their actions.

 

B.     Questions about the application and/or interpretation of this Policy should be made to the Director – Center for Student Accountability, Growth, and Education or their designee.

 

APPEALS

 

A.     Any student or student organization denied prior approval where prior approval under this Policy is required may appeal the decision in writing to the Vice Chancellor – Student Affairs and Campus Life within 5 business days of the date of the notification. Any other person denied prior approval where prior approval under this Policy is required may appeal the decision in writing to the Vice Chancellor – Operations Management and Capital Programs within 5 business days of the date of the notification.

 

B.     The appeal must sufficiently explain the grounds for the request in accordance with Section C below and include all the supporting reasons, information, arguments, and documents.

 

C.    Appeals may be based on only one or more of the following reasons:

 

1.     Failure to follow University Policy; or

2.     Arbitrary and capricious justification for the decision to deny use.

 

D.     The Vice Chancellor or their designee will review the appealing party’s request, including their statements, information, and reasons for the request, any response or documentation submitted by the University Official who denied the initial request, and any other relevant information that the Vice Chancellor deems necessary to evaluate the appeal.

 

E.     Appealing parties will be notified in writing of the decision by the Vice Chancellor or their designee within 7 business days of the date the appeal request was submitted for review. A brief statement explaining the basis of the decision will be included with this notice. The result of the appeal request is final.

 

 

FORMS

 

None

 

 

RELATED INFORMATION

 

California State Constitution

California Higher Education Employer-Employee Relations Act (HEERA)

Free Expression at UC San Diego

Library Use and Conduct Policies

Regulations Governing Conduct of Non-Affiliates in the Building and on the Grounds of the University of California

Reserving Space at UC San Diego       

Residential Life Community Standards

San Diego Municipal Code, Chapter 5, Article 2, Sections 51.2001-2003

University of California Policies Applying to Campus Activities, Organizations, and Students (PACAOS)

Definitions (Section 14.00)

Policy on Speech and Advocacy (Section 30.00)

Policy on Use of University Properties (Section 40.00)

Policy on Student Conduct and Discipline (PACAOS 100)

University of California Policy and Supplemental Guidelines on the On-campus Marketing of Credit Cards to Students (Appendix D)

University of California Anti-Discrimination Policy

University Centers Facilities Usage Policies and Procedures (includes Library Walk, Price Center Plaza and Town Square)

 

FREQUENTLY ASKED QUESTIONS (FAQ’S)

 

See Free Expression at UC San Diego

 

 

REVISION HISTORY

 

06/03/2025: Policy updated.

 

10/16/2024: Policy updated.

 

09/19/2024: Policy updated.

 

10/04/2010: Policy updated.

 

04/01/1981: Initial implementation of policy