Freedom of Expression Policy

Freedom of expression undergirds the University of San Diego School of Law’s commitment to vital discourse and the open exchange of ideas. In California, the Leonard Law (Cal. Educ. Code § 94367) affords students at private universities freedom from discipline for speech to the same extent that they would be protected against governmental punishment for expression by the First Amendment. Free speech protections include the right to communicate ideas that may be controversial or unpopular. Freedom of expression is also protected in the university’s Policy Governing Assembly on Campus and the Guest Speaker Policy, and the right of students to full freedom in learning is protected by the Academic Freedom Policy. In addition, the ABA Standards and Rules of Procedure for Approval of Law Schools require the law school to encourage and support the free expression of ideas and to proscribe disruptive conduct that hinders free expression (see ABA Standard 208).

In accordance with the laws, policies, and standards governing our institution, there are limited circumstances under which the law school may regulate the speech of its community members, and those are circumstances consistent with the First Amendment. Examples include time, place, and manner restrictions, and restrictions on speech that violate the law such as defamation of a specific individual, speech that constitutes a genuine threat or harassment under the law, or unlawful discrimination (see Policy Prohibiting Discrimination and Harassment and Hate Crimes and Acts of Intolerance Procedures for further information). The Student Code of Rights & Responsibilities prohibits the disruption of teaching, research, administration, or any other institutional activity.

Adopted April 2025