The First Amendment protects the right to dissent in many forms, but not civil disobedience. By definition, civil disobedience refers to the refusal to obey laws by violating them. A founding premise for society based on the rule of law and order is to adhere to the laws that are voted into existence. In the United States, we have guaranteed the right to dissent, to protest, to assemble peaceably, to petition against a law, and to pose legal challenges to laws we believe violate constitutional rights. When dissent crosses over into the area called “time, place, manner” restrictions, dissent moves to civil disobedience. Students may dissent against a range of policies and against political ideas in a number of ways. Such dissent becomes unprotected civil disobedience when taking over a campus building, materially disrupting classes or events, trespassing, vandalizing, disturbing the peace, or other types of conduct subject to time, place, manner restrictions. EWU protects the freedom to dissent, and also seeks to raise awareness that participation in civil disobedience could potentially result in serious criminal or conduct charges.
- Incitement of imminent lawlessness including direct threats, fighting words, and speech or conduct that causes a material and substantial disruption of university activities.
Speech that elevates to civil disobedience—the refusal to obey laws by violating them. WAC 172-141-03
Time, Place, and Manner
The First Amendment requires that the government not discriminate against particular viewpoints. The Supreme Court has, however, upheld the idea that speech may be regulated under “Time, Place, and Manner” regulations. The burden of such regulations is still fairly high, requiring the government to show that their restrictions on speech are (1) content neutral (that the government does not outlaw content specific viewpoints), (2) narrowly tailored to serve a governmental interest (i.e., cannot be overly broad to regulate more than what is necessary to achieve government interest like, for example, public safety), and (3) ample alternative means to express ideas. At EWU, for example, the time, place, and manner regulations are a reflection of the value of encouraging diverse ideas, community engagement on campus, and academic freedom while also preserving interests including campus safety.
