Free Speech & Public Assembly
Campus Life and Leadership has copies of the Campus Rules and Regulations, which explain the "time, place and manner" rules governing public forums and rallies.
UC Berkeley has a tradition of being an open forum for the expression of political and social ideas. While the University and its Police Department recognize the rights of individuals to engage in constitutionally protected free speech and public assembly, this activity must be conducted in a reasonable and responsible manner.
People who choose to exercise their freedom of speech or right to public assembly should understand that such rights are not unlimited. When the activity infringes on the rights of others or interferes with University business, it loses constitutional protection and may become a violation of law or University rules and regulations.
People who engage in activity that is in violation of the law or University rules must understand that there are consequences for such action(s). These may include arrest and prosecution for criminal law violations and University action.
The University may pursue Student Conduct or other administrative procedures.
Campus Life and Leadership has copies of the Campus Rules and Regulations, which explain the "time, place and manner" rules governing public forums and rallies. Organizations can meet with a representative from the Police Department and Office of Student Life to discuss the nature of their demonstration activities and be informed of their responsibilities and options.
Organizations should appoint easily recognizable monitors with sufficient numbers and authority to control the activities of the group.
Groups should appoint a spokesperson to liaise with the police to enhance cooperation and communication.
In the event of misdemeanor arrests, demonstrators may be cited and released according to established police procedures. If the charge additionally requires booking at a local police station, those arrested can expect the process to take at least 3â€“4 hours.
To meet release conditions, demonstrators should:
1. Be at least 18 years of age
2. Possess a valid California picture identification
3. Have no outstanding traffic or arrest warrant(s)
4. Possess no weapons or contraband
5. Follow the directions of the arresting officer(s)
6. Not engage in non-compliant or active resistance
7. Not threaten or fight with the arresting officer(s)
8. Not engage in any criminal activity (assaultive behavior, property destruction)
If a demonstrator is arrested for a felony violation, or an assault on a police officer, that person may be ultimately booked into the Alameda County jail system. If this occurs, the detention time, bail, and court expenses could mount substantially, including a felony arrest record that will follow the student for life.
The following abbreviated California State Penal Codes are some of the most commonly violated in demonstration situations:
UC Berkeley Directory of Administrative Policies and Procedures
- students.berkeley.edu/uga/cs/general/policy.htmStudent Affairs
The Code of Student Conduct
- students.berkeley.edu/uga/conduct.aspCenter for Student Conduct & Community Standards
*834a PC Resistance to arrest. If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest.
*148 PC Resisting/obstructing a police officer. Willfully resisting, delaying, or obstructing any public officer in the discharge or attempted discharge of their duties.
*407 PC Unlawful assembly. Whenever two or more persons assemble to do an unlawful act, or to do a lawful act in a violent, boisterous or tumultuous manner.
*409 PC Failure to disperse. Remaining present at the place of any riot, rout or unlawful assembly, after having been lawfully warned to disperse.
*602(k) PC Trespassing with purpose to injure. Entering any lands for the purpose of injuring any property or property rights or with the intention of interfering, obstructing or injuring any lawful business.
*602.1 PC Obstructing or intimidating public agencies or customers. Intentionally interfering with any lawful business open to the public by obstructing or intimidating those attempting to carry on the business, or their customers. Refusing to leave the premises after being requested to do so by the owner, the ownerâ€™s agent or by a peace officer acting at the request of the owner or agent.
*647c PC Obstruction of street, sidewalk, or other public place. Obstructing the free
movement of any person on any street, sidewalk or other public place or in
any place open to the public.
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