Unity Pledge for Silent Protest

Pledge of Uniform Support for the Safety and Integrity of Silent Protest

We, concerned students of San Francisco State University, are holding a silent protest on the day of Wednesday October 7, 2009. We are invoking our rights to free speech and freedom of assembly under the California Constitution and under the CSU Free Speech Handbook.
According to the California Constitution, our event is an act of free speech and freedom of assembly under Article 1 Section 2 (a) and Article 1 Section 3 (a), respectively. According to the CSU Free Speech Handbook, acts of free speech are protected and will not be prevented based upon speech alone.
CSU students’ rights to free expression are set forth in the Education Code. Section 66301 prohibits CSU from making rules or taking disciplinary action:

“ . . .solely on the basis of conduct that is speech or other communication that, when engaged in outside a campus of those institutions, is protected from governmental restriction by the First Amendment to the United States Constitution or Section 2 of Article 1 of the California Constitution.”

Trustee regulations also preclude the taking of disciplinary action based on speech alone.1 This is consistent with a long line of cases that similarly prohibit discipline against students based on speech alone. For example, the fact that students wore black armbands to school in protest of the Vietnam War constituted “symbolic speech” that was deemed protected.2 Other examples include “sit-ins” (where students occupy an area on campus), rallies, boycotts of classes or events, wearing a common item (ribbons, jeans, berets, etc.) or color, etc. Action may only be taken under the student conduct procedures where the symbolic speech in question materially and substantially disrupts the educational process.3

While we know that we have the right to free speech, we also acknowledge that there is a certain degree of responsibility which comes with those rights. It is on that note that we pledge, here and now, to take informed actions which will protect the integrity of this action while caring for the safety of each and every one of us.

This will be a silent protest where our message will resonant much louder than anything we can say individually.

By signing this pledge we promise to be each other’s keeper in taking active steps to ensure the legitimacy of this event and not take actions to undermine the safety of our fellow students.
With that said we will not disrupt the business of University function with vocal protest. Our visual message will be silent but enough to convey a strong message. We will not block fire exits or elevators. Some may view this action as an annoyance and/or nuisance but know that we are informed students and there is nothing more dangerous than an informed individual.
Lastly, we are invoking our rights under the CSU Free Speech Handbook and citing the provisions entitled under:

B. The California Compatibility Test
Under the California Constitution, courts consider whether use of a particular facility for speech activity would interfere with its primary use.4 If not, then it is available for public use. In other words, the test is whether speech activity is fundamentally incompatible with normal activity. Courts have made clear that mere “annoyance” or “inconvenience” are not enough to meet this incompatibility threshold: “Annoyance and inconvenience…are a small price to pay for preservation of our most cherished right.”5 As a state institution, the CSU is subject to both the First Amendment and the California Constitution; therefore, must meet not only the federal “forum analysis” standards, but the broader California compatibility test as well.
With that said, we are pledging to work together, as a collective group, and take collective actions which only strengthen the effectiveness and safety of the group as a whole. By signing this pledge, we are promising to abide by the guidelines of this action and not take individual action which could be used by SFSU administrative officials, and/or Department of Public Safety, to break our collective voice.