Cal. Education Code § 66301 : Postsecondary Education — California Education Code — General Provisions — Rules Of Student Conduct — Disciplinary sanction based on constitutionally protected speech or other communication outside of campus Date: 15 Sep 2016 TEXT PDF Current through the 2016 Legislative Session (a) Neither the Regents of the University of California, the Trustees of the California State University, the governing board of a community college district, nor an administrator of any campus of those institutions, shall make or enforce a rule subjecting a student to disciplinary sanction 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 I of the California Constitution. (b) A student enrolled in an institution, as specified in subdivision (a), at the time that the institution has made or enforced a rule in violation of subdivision (a) may commence a civil action to obtain appropriate injunctive and declaratory relief as determined by the court. Upon a motion, a court may award attorney's fees to a prevailing plaintiff in a civil action pursuant to this section. (c) This section does not authorize a prior restraint of student speech or the student press. (d) This section does not prohibit the imposition of discipline for harassment, threats, or intimidation, unless constitutionally protected. (e) This section does not prohibit an institution from adopting rules and regulations that are designed to prevent hate violence, as defined in subdivision (a) of Ca. Educ. Code § 66301 Amended by Stats 2008 ch 525 (SB 1370),s 4, eff. 1/1/2009. Amended by Stats 2006 ch 158 (AB 2581),s 1, eff. 1/1/2007.