Bill Text: CA ACR76 | 2013-2014 | Regular Session | Amended
Bill Title: Freedom of speech: institutions of higher education.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-09-06 - Ordered to inactive file at the request of Assembly Member V. Manuel Pérez. [ACR76 Detail]
Download: California-2013-ACR76-Amended.html
BILL NUMBER: ACR 76 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 30, 2013
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 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,
as specified, 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 in 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 , including speech that
promotes discrimination based on a protected characteristic, such as
race, color, national origin, religion, sex, disability, age, genetic
information, marital status, sexual orientation and identity,
medical condition, and political activities or affiliation
s ; 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 , as protected by
the First Amendment to the United States Constitution, 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 , including speech that promotes discrimination based
on a protected characteristic, such as race, color, national origin,
religion, sex, disability, age, genetic information, marital status,
sexual orientation and identity, medical condition, or
political activities or affiliations ; 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.
