Know Your Rights for College Students

Students’ Free Speech Rights

Students CAN:

• Distribute flyers, wear buttons, and publish an unofficial newspaper.

Students CANNOT:

• Distribute anything obscene, defamatory, or likely to incite an immediate disruption or dangerous disturbance.
• Engage in speech that is slander, libel, obscenity, “true threats”, or speech that incites imminent violence or breaking the law. Free speech does not protect behavior or speech that consists of targeted harassment or threats or speech that creates a hostile environment.

Universities and Free Speech

Schools CAN:

• Restrict the time and place of the demonstration or protest.
• Limit the distribution of obscene or knowingly false material.
• Punish students for missing school/walking out.

Schools CANNOT:

• Place restrictions on demonstrations or protests based on the content of the speech.
• Stop a student from giving out material because the school thinks the topic is controversial.
• Punish a student for expressing themselves.
• Punish students who participate in a walkout more harshly than students who have an unexcused absence.

Protesting is an important way to exercise your right to free speech and to make your voice heard on issues of importance to you. However, it can also be intimidating, and so we encourage you to familiarize yourself with your rights before you and your loved ones go out to protest with community members.

The First Amendment on College Campuses

The First Amendment protects the rights of students at public colleges and universities to express their opinions, even if others disagree with the views expressed or the form of expression, including spoken and written words, symbolic clothing, sit-ins, and passing out flyers—as long as there is no disruption or violation of the school’s content-neutral policies. Schools cannot enforce their policies more strictly on protests or speech they disagree with.

The Supreme Court has held that school authorities must respect students’ rights to express themselves outside of school, including their right to express dissenting or unpopular views.

While the First Amendment does not explicitly apply to private schools, California law has extended some protections of the First Amendment to our state’s private colleges and universities.

Staying Safe During Protests

Counter-protesters may try to provoke you—do not engage with them. Be wary of “rogue provocateurs” who may try to infiltrate peaceful protests and instigate violence or unlawful behavior. Avoid posting personal identifying information of fellow protesters in online posts.

Counter-protesters also have free speech rights, however, they cannot physically disrupt the protest they are against. Police must treat both groups equally. Police are permitted to keep antagonistic groups separated but should allow them to be within sight and sound of one another.

What To Do if Your School Calls Law Enforcement

• You have the right to remain silent and refuse to answer questions. Generally, law enforcement may ask you to show student identification to verify you are a student. Law enforcement may also ask for identification if you are arrested or booked.
• You can ask if you are free to leave and can leave if the officer says yes.
• You have the right to have a lawyer present when speaking with law enforcement. Assert your right to remain silent and your right to an attorney!
• Do not resist arrest.

What To Do if You Are Arrested

If you are arrested, assert your right to an attorney and your right to stay silent. Only discuss the details of your case with your legal representative—discussions with family or friends can be used as evidence against you. Don’t discuss details of your case over the phone as it could be monitored and used against you.

Remain Calm

Stay calm, make sure to keep your hands visible, and do not argue, resist, or obstruct the police, even if you believe they are violating your rights.

Ask if You Are Free To Go

If you are stopped, ask the officer if you are free to leave. If the answer is ‘yes,’ calmly walk away.

Ask What Crime You are Suspected of Committing

If you are detained, ask the officer what crime you are suspected of committing. If you are arrested for an infraction and you have a valid I.D. on you, the police must give you a ticket and release you on the spot unless you refuse to sign the ticket.

Remain Silent

If you are under arrest, you have a right to ask why. Otherwise, say you wish to remain silent and ask for a lawyer immediately. Do not say anything or sign anything without a lawyer.

Do Not Consent to a Search

You should never consent to a search of yourself or your belongings. If you do explicitly consent, it can affect you later in court. Police may “pat down” your clothing if they suspect you have a weapon and may search you after an arrest.

Police officers may not confiscate or demand to view your photographs or video without a warrant. They also cannot delete data under any circumstances. However, they may order you to cease activities that they determine are interfering with law enforcement operations.

Keep Phone Numbers on You

Keep phone numbers on your person (i.e. write them on your arm) in case you are detained and arrested. You are allowed to make up to three local phone calls if you are arrested.

 What To Do if You Believe Your Rights Have Been Violated

• When you can, write down everything you remember, including the law enforcement officers’ badge, patrol car numbers, and the agency they work for.
• Get contact information from witnesses and take photos of any injuries.
• Once you have all this information, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.

What Is Doxxing?

Doxxing, short for “dropping documents” or “docs,” is the malicious practice of researching and publicly disclosing private or personal information about an individual or entity on the internet without their consent. This information includes personally identifiable details, such as:

• Full names
• Addresses
• Phone numbers
• Email addresses
• Workplace
• Family information
• Other identifying data

SEE: MEDIA DIGEST: FIRST EVER—Canary Mission Lawsuit, CAIR-Chicago Sues for Doxxing

Why Doxx?

Doxxing is done with the intent to harass, intimidate, humiliate, or harm the target. It can lead to real-world consequences, such as:

• Stalking
• Harassment
• Identity theft
• Reputational damage

How Can You Protect Yourself From Doxxing?

• Limit Personal Information: Be cautious about what personal information you share online. Avoid disclosing your full name, address, phone number, and other sensitive details on public forums and social media platforms
• Use Pseudonyms: Consider using a pseudonym or username that is not directly linked to your real identity, especially in online communities where privacy is a concern
• Privacy Settings: Adjust the privacy settings on your social media profiles and other online accounts to limit the amount of information that is visible to the public. Keep personal information restricted to trusted connections.
• Be Cautious with Photos: Be mindful of the photos you share. Avoid sharing images that reveal your location or any personally identifiable information
• Use Strong Passwords: Maintain strong, unique passwords for your online accounts to prevent unauthorized access. Consider using a password manager to help with this
• Enable Two-Factor Authentication (2FA): When possible, enable 2FA for your online accounts for an extra layer of security
• Be Wary of Phishing: Doxxers may use phishing emails or messages to trick you into revealing personal information. Be cautious about clicking on links or providing information in response to unsolicited messages
• Monitor Your Online Presence: Regularly search for your own name or other identifying information to see what is publicly available about you. If you find information you want to keep private, try to have it removed.
• Use a Virtual Private Network (VPN): A VPN can hide your IP address, making it more difficult for someone to track your online activity and physical location.
• Educate Yourself: Stay informed about the latest tactics and techniques used by doxxers and cyberstalkers. Knowledge is a powerful tool in preventing attacks.

Remember that while these steps can reduce your risk of being doxxed, no method is foolproof. It’s important to stay vigilant and regularly update your privacy settings and security measures to adapt to the evolving landscape of online threats.

I’ve Been Doxxed. What Should I Do?

If you have been doxxed, you should take immediate steps to protect yourself and mitigate the damage. Here’s what you should do:

• Stay Calm: Being doxxed can be distressing but try to remain calm and collected to make rational decisions.
• Document Everything: Take screenshots or save evidence of the doxxing, including the posts, messages, or websites where your personal information is exposed.
• Contact the Platform: If the doxxing occurred on a social media platform or website, report the incident to the platform administrators. They may be able to take down the offending content or ban the person responsible.
• Change Your Passwords: Change the passwords for your online accounts to prevent further unauthorized access to your accounts
• Enable 2FA: If you haven’t already, enable two-factor authentication (2FA) on your online accounts for an added layer of security.
• Lock Down Your Privacy: Review and adjust the privacy settings on your social media profiles and online accounts to limit the amount of information visible to the public. Make sure only trusted individuals can see your personal information.
• Contact Law Enforcement: If you believe the doxxing poses a serious threat to your safety, contact your local law enforcement and provide them with the evidence you’ve gathered.
• Consult Legal Advice: Depending on the severity and legality of the doxxing, consult with an attorney who specializes in online harassment and privacy issues. They can provide guidance on potential legal actions you can take against the perpetrator.
• Notify Your Employer or School: If your workplace or educational institution is mentioned in the doxxing, inform them about the situation. They may be able to take measures to protect your privacy.
• Protect Your Finances: Be vigilant about potential identity theft. Monitor your financial accounts and credit reports for any suspicious activity and consider freezing your credit if necessary.
• Change Personal Information: In some cases, it may be necessary to change your phone number, email address, or even your physical address to reduce the risk of harassment.
• Seek Support: Reach out to friends, family, or a mental health professional for emotional support. Being doxxed can be emotionally taxing, and it’s important to have a support system in place.

Remember that it’s crucial to act swiftly when you’ve been doxxed to minimize the potential harm and protect your personal and online security. Each situation is unique, and the steps you take will depend on the severity of the doxxing and your personal circumstances.