Leonard Law

Last updated
Leonard Law
Seal of California.svg
California State Legislature
Citation Cal. Educ. Code Sec. 48950
Cal. Educ. Code Sec. 66301
Cal. Educ. Code Sec. 94367
Territorial extent State of California
Signed by1992:
2006: California Governor Arnold Schwarzenegger
Signed1992: 30 September 1992 [1] [2]
2006: 28 August 2006
Commenced1992:
2006: 1 January 2007
Introduced by1992: Bill Leonard
2006: Joe Nation, Leland Yee
Status: In force

The Leonard Law is a California law passed in 1992 and amended in 2006 that applies the First Amendment of the United States Constitution to private and public colleges, high schools, and universities. The law also applies Article I, Section 2 of the California Constitution to colleges and universities. California is the only state to grant First Amendment protections to students at private postsecondary institutions. Attempts at a federal Leonard Law and for Leonard Laws in other states have not succeeded.

Contents

History

Republican State Senator Bill Leonard wrote the law to require private high schools, colleges, and universities to protect their students' rights to freedom of speech "and other communication" that the government is required to protect for all of its citizens. Under the terms of the law, students may file civil lawsuits to seek injunctive and declaratory relief against their institutions; students may also recover any attorney's fees related to the case.

In 2006, California amended the law to include public institutions of higher education, which in California consist of the California Community Colleges System, the California State University system, and the University of California system. State Assembly members Leland Yee and Joe Nation authored the amendment in preemptive response to the Hosty v. Carter decision of the federal Seventh Circuit Court of Appeals. The amendment came into force in 2007. [3] [4]

Effect

Leonard Law states "No [school] shall make or enforce a rule subjecting a student to disciplinary sanctions solely on the basis of conduct that is speech or other communication that, when engaged in outside the campus or facility of a [school], is protected from governmental restriction by the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution." [5]

The effect of the law is that - at a public or private school - the school's ability to restrict a student's on-campus speech is constrained to the same extent as if a government entity tried to limit the speech off-campus. [6]

The law applies to public and private colleges, and public and private high schools, but does not apply to elementary or middle schools. [5]

Schools are permitted to enforce reasonable restrictions on the time, place, and manner of the student's speech. [5]

Lawsuits

On May 2, 1994, Stanford Law School student Robert J. Corry and eight other Stanford University students filed the first lawsuit under the Leonard Law, claiming that Stanford's speech code violated the law. On February 27, 1995, Santa Clara County Superior Court Judge Peter G. Stone issued the ruling in Corry v. Stanford that struck down the speech code as a violation of the Leonard Law.

See also

Related Research Articles

<span class="mw-page-title-main">First Amendment to the United States Constitution</span> 1791 amendment limiting government restriction of civil rights

The First Amendment to the United States Constitution prevents the government from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.

<span class="mw-page-title-main">University of California</span> Public university system in California

The University of California (UC) is a public land-grant research university system in the U.S. state of California. Headquartered in Oakland, the system is composed of its ten campuses at Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz, along with numerous research centers and academic abroad centers. The system is the state's land-grant university. Major publications generally rank most UC campuses as being among the best universities in the world. In 1900, UC was one of the founders of the Association of American Universities and since the 1970s seven of its campuses, in addition to Berkeley, have been admitted to the association. Berkeley, Davis, Santa Cruz, Irvine, Los Angeles, Santa Barbara, and San Diego are considered Public Ivies, making California the state with the most universities in the nation to hold the title. UC campuses have large numbers of distinguished faculty in almost every academic discipline, with UC faculty and researchers having won 71 Nobel Prizes as of 2021.

<span class="mw-page-title-main">University of California, Berkeley</span> Public university in Berkeley, California

The University of California, Berkeley is a public land-grant research university in Berkeley, California. Founded in 1868 and named after Anglo-Irish philosopher George Berkeley, it is the state's first land-grant university and the founding campus of the University of California system. Berkeley is also a founding member of the Association of American Universities. It has been regarded to be among the top universities in the world.

<span class="mw-page-title-main">California State University</span> Public university system in California, US

The California State University is a public university system in California, and the largest public university system in the United States. It consists of 23 campuses and seven off-campus centers, which together enroll 457,992 students and employ 56,256 faculty and staff members. In California, it is one of the three public higher education systems, along with the University of California and the California Community Colleges systems. The CSU system is officially incorporated as The Trustees of the California State University, and is headquartered in Long Beach, California.

<span class="mw-page-title-main">Foundation for Individual Rights and Expression</span> American free speech organization

The Foundation for Individual Rights and Expression (FIRE), formerly named the Foundation for Individual Rights in Education, is a 501(c)(3) non-profit civil liberties group founded in 1999 with the mission of protecting freedom of speech on college campuses in the United States. FIRE changed its name in June 2022, when it broadened its focus from colleges to freedom of speech throughout American society.

<span class="mw-page-title-main">California Polytechnic State University, San Luis Obispo</span> Public university in San Luis Obispo, California

California Polytechnic State University, San Luis Obispo is a public university in San Luis Obispo County, adjacent to the city of San Luis Obispo. It is the oldest of three polytechnics in the California State University system.

Academic freedom is the right of a teacher to instruct and the right of a student to learn in an academic setting unhampered by outside interference. It may also include the right of academics to engage in social and political criticism.

<span class="mw-page-title-main">Freedom of speech in the United States</span> Overview of the human rights history in the North American country

In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the U.S. Constitution, many state constitutions, and state and federal laws. Freedom of speech, also called free speech, means the free and public expression of opinions without censorship, interference and restraint by the government. The term "freedom of speech" embedded in the First Amendment encompasses the decision what to say as well as what not to say. The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, prevents only government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are acting on behalf of the government. However, It can be restricted by time, place and manner in limited circumstances. Some laws may restrict the ability of private businesses and individuals from restricting the speech of others, such as employment laws that restrict employers' ability to prevent employees from disclosing their salary to coworkers or attempting to organize a labor union.

<span class="mw-page-title-main">Loyalty oath</span> Pledge of allegiance

A loyalty oath is a pledge of allegiance to an organization, institution, or state of which an individual is a member. In the United States, such an oath has often indicated that the affiant has not been a member of a particular organization or organizations mentioned in the oath. The U.S. Supreme Court allows the oath to be a form of legal document.

<span class="mw-page-title-main">1996 California Proposition 209</span> Ballot proposition that banned affirmative action in California

Proposition 209 is a California ballot proposition which, upon approval in November 1996, amended the state constitution to prohibit state governmental institutions from considering race, sex, or ethnicity, specifically in the areas of public employment, public contracting, and public education. Modeled on the Civil Rights Act of 1964, the California Civil Rights Initiative was authored by two California academics, Glynn Custred and Tom Wood. It was the first electoral test of affirmative action policies in North America. It passed with 55% in favor to 45% opposed, thereby banning affirmative action in the state's public sector.

<span class="mw-page-title-main">Constitution of California</span> Principles, institutions and law of political governance in the U.S. state of California

The Constitution of California is the primary organizing law for the U.S. state of California, describing the duties, powers, structures and functions of the government of California. California's constitution was drafted in both English and Spanish by American pioneers, European settlers, and Californios and adopted at the 1849 Constitutional Convention of Monterey, following the American Conquest of California and the Mexican–American War and in advance of California's Admission to the Union in 1850. The constitution was amended and ratified on 7 May 1879, following the Sacramento Convention of 1878–79.

A speech code is any rule or regulation that limits, restricts, or bans speech beyond the strict legal limitations upon freedom of speech or press found in the legal definitions of harassment, slander, libel, and fighting words. Such codes are common in the workplace, in universities, and in private organizations. The term may be applied to regulations that do not explicitly prohibit particular words or sentences. Speech codes are often applied for the purpose of suppressing hate speech or forms of social discourse thought to be disagreeable to the implementers.

Robert J. Corry, et al. v. The Leland Stanford Junior University, et al., No. 740309, was a case in which the Superior Court of Santa Clara County, California, ruled that Stanford University's speech code violated the freedom of speech rights of its students guaranteed under California's Leonard Law.

Pruneyard Shopping Center v. Robins, 447 U.S. 74 (1980), was a U.S. Supreme Court decision issued on June 9, 1980 which affirmed the decision of the California Supreme Court in a case that arose out of a free speech dispute between the Pruneyard Shopping Center in Campbell, California, and several local high school students.

<span class="mw-page-title-main">Student governments in the United States</span> American organizations representing high school or college students

Student governments in the United States exist in both secondary and higher education. At the collegiate level, the most common name is Student Government, according to the American Student Government Association's database of all student governments throughout the United States. The next most common name is the student government association. Other names are student senate, associated students, or less commonly students' union. There was one instance of a government of the student body, at Iowa State University. At Yale University, the undergraduate student government is known as the Yale College Council. High school student governments usually are known as Student Council.

<span class="mw-page-title-main">California Education Code 48907</span>

California Education Code 48907 (1977), also known as the California Student Free Expression Law, acts as a counter to the Hazelwood v. Kuhlmeier (1988) Supreme Court ruling, which limited the freedom of speech granted to public high school newspapers. The Hazelwood v. Kuhlmeier decision held that public school curricular student newspapers that have not been established as "forums for student expression" are subject to a lower level of First Amendment protection than independent student expression or newspapers established as forums for student expression. Ed Code 48907 affirms the right of high school newspapers to publish whatever they choose, so long as the content isn't explicitly obscene, libelous, or slanderous, and doesn’t incite students to violate any laws or school regulations. The newspaper content must also pass the minimal disruption test set forth in the Supreme Court ruling on Tinker v. Des Moines (1969). In contrast with Hazelwood, which limited First Amendment protection to only those high school newspapers that had, through practice or policy, been established as forums for student expression, Ed Code 48907 affirms the right of all newspapers to the freedom of expression.

The history of the University of California, Berkeley begins on October 13, 1849, with the adoption of the Constitution of California, which provided for the creation of a public university. On Charter Day, March 23, 1868, the signing of the Organic Act established the University of California, with the new institution inheriting the land and facilities of the private College of California and the federal funding eligibility of a public agricultural, mining, and mechanical arts college.

California's Assembly Bill 540 was signed into law by Governor Gray Davis on October 12, 2001, allowing access to in-state tuition rates for undocumented and other eligible students at California's public colleges and universities. The law allows students who attended high school in California, among other eligibility requirements, to pay in-state tuition fees instead of out-of-state tuition at California's public institutions of higher education, including the University of California, California State University, and California Community Colleges. The law has been important in the pursuit of college accessibility for undocumented students in California, but not all beneficiaries are undocumented, as approximately two thirds of those benefitted possess U.S. citizenship.

Hazelwood School District et al. v. Kuhlmeier et al., 484 U.S. 260 (1988), was a landmark decision by the Supreme Court of the United States which held, in a 5–3 decision, that student speech in a school-sponsored student newspaper at a public highschool could be censored by school officials without a violation of First Amendment rights if the school's actions were "reasonably related" to a legitimate pedagogical concern.

<span class="mw-page-title-main">2020 California Proposition 16</span> California ballot measure to undo the states ban on affirmative action

Proposition 16 is a California ballot proposition that appeared on the November 3, 2020, general election ballot, asking California voters to amend the Constitution of California to repeal Proposition 209 (1996). Proposition 209 amended the state constitution to prohibit government institutions from considering race, sex, or ethnicity, specifically in the areas of public employment, public contracting, and public education. Therefore, Proposition 209 banned the use of race- and gender-based affirmative action in California's public sector.

References

  1. "Law Library".
  2. "Law Library".
  3. "First Amendment Center". First Amendment Center.
  4. "Legal Guides".
  5. 1 2 3 Cal. Educ. Code Sec. 48950, Cal. Educ. Code Sec. 66301, Cal. Educ. Code Sec. 94367
  6. "[The Leonard Law] allows a private university student to have the same right to exercise his or her right to free speech on campus as he or she enjoys off campus". Corry v. Stanford University (Cal. Super. Ct. Feb. 27, 1995), https://web.archive.org/web/20050419211842/http://www.ithaca.edu/faculty/cduncan/265/corryvstanford.htm