It’s no easy task navigating issues of free speech on college campuses today. The University of Southern California, for instance, says it’s committed to students’ and faculty’s First Amendment rights. It also places crucial limits on those rights, though, and that can sometimes make the line between acceptable and unacceptable speech more than a little blurry.

If your words or actions have upset someone and triggered a disciplinary misconduct charge, you can’t simply hope the person gets over it and moves on. Even if you don’t face a serious sanction like suspension or dismissal, a black mark on your transcript can have serious and long-lasting consequences.

The moment someone accuses you of offensive language or harassment, it’s important that you contact the LLF National Law Firm. Why us? Our Student Defense Team was specifically founded to protect student rights. We know what you’re up against, we understand the stakes, and we’re experienced at sorting out campus free speech conflicts. No matter what your particular situation, we’re on your side and ready to use every resource at our disposal to help you get the best possible resolution to your case.

To find out more about how the LLF National Law Firm can help with your case, call 888-535-3686. Or take a few minutes right now and fill out one of their online forms.

USC’s Free Speech Policy

USC’s “Policy on Free Speech” insists, “USC has long had established policies protecting the free speech rights and academic freedom of faculty and students.”

Except actual events have sometimes put the university’s commitment to the First Amendment in doubt. In 2023, for instance, campus division over the Israeli-Hamas conflict led the administration to issue an “Update on Free Speech, Expectations and Policies.” That document draws attention to some important limitations on students’ free speech rights.

  • As a starting point, school policy reserves the right to “regulate free speech.” This suggests that at any point, USC might decide a student’s words or actions cross the line into “unprotected speech.”
  • Likewise, the university’s policy includes a section on “free speech responsibilities.” In particular, this section points out that any actions that tend to undermine the USC educational mission can violate disciplinary misconduct rules and regulations.
  • USC cautions that “face-to-face” confrontations typically fall outside the bounds of free speech protections.
  • “Material that appeals to the prurient interest” is generally not protected.

In the end, you cannot count on the university to simply accept whatever it is you say and do on campus. While you may regard the message on your t-shirt as innocuous or your class comment as inoffensive, faculty, classmates, and administrators may not. If you’ve been accused of some type of misconduct, you need the LLF National Law Firm attorney in your corner to protect your interests and defend your rights.

Potential Disciplinary Violations

If someone decides they don’t like something you’ve said, what exactly can they do about it? That is, which particular disciplinary misconduct offenses could you be charged with committing? Most commonly, “offensive” language tends to be classified as one of the following:

  • Causing Apprehension of Harm: USC doesn’t just outlaw violence and physical harm to others. It also prohibits words and actions that might lead a reasonable person to fear they will be harmed. What counts as “apprehension of harm” can be subjective, though.
  • Discrimination and Harassment: Federal and state laws protect certain classes of individuals. Language that targets race, age, sex, religion, and national origin, for instance, doesn’t just violate school policy but also the legal statutes. In addition, any direct attack on an individual based on any of their personal characteristics is generally treated by USC as harassment.
  • Disorderly Conduct: USC’s Student Code of Conduct bars all types of disruption, disorderly conduct, disturbance of the peace, and participation in “lewd, indecent, or obscene behavior.” Again, these terms can be open to interpretation, and you can be charged with such offenses even if you don’t feel your words or actions are offensive.
  • Failure to Comply: Likewise, you can be charged for failing to follow any directive of a campus representative, including faculty. Should your professor ask you to modify your speech in class, refusing to do so might result in a charge.

Just because something you said upset someone doesn’t mean you deserve to be charged with disciplinary misconduct. Once you’ve been charged, though, it can sometimes be difficult to defend yourself. Don’t try to take USC on by yourself. The LLF National Law Firm attorney can make sure the university treats you fairly.

The Disciplinary Process at USC

You can and should defend yourself any time you’re facing a disciplinary misconduct charge at USC. The university provides you with due process protections, such as the presumption of “not responsible” (innocence), and these can be powerful tools to protect yourself.

  • The Office of Judicial Affairs and Community Standards is solely responsible for issuing formal misconduct charges. Anyone may accuse you of an offense, but this office must believe accusations are credible and actionable before it moves forward.
  • Any time you are charged with an offense, you should receive official notice of those charges. This notice should describe the alleged offense and include a list of your due process rights.
  • USC must conduct some type of investigation in order to establish evidence against you. As part of the investigation process, the university should invite you to give your side of the story and submit evidence. In addition, you always have the right to review any evidence investigators uncover.
  • You are entitled to respond to any evidence against you at a formal hearing before one or more unbiased decision-makers. As part of the hearing, you may offer evidence in support of your innocence, including witness testimony. You may also raise questions about any evidence being used against you, including witness testimony.
  • All decisions are based on the “preponderance of the evidence” legal standard. According to this standard, you are responsible for an offense if it seems “more likely than not” that you committed that offense.
  • You also have the right to appeal the hearing outcome if you can demonstrate that you were denied a fair chance to make your case. Grounds for appeal include procedural errors, the discovery of new evidence, and disproportionate sanctions.

The LLF National Law Firm attorney will help you with all aspects of preparing your case. Though we cannot speak for you, we can help you collect evidence, coach you in talking with investigators, draft your hearing presentation, and give you practice in making that presentation. Our job is to make sure you’re afforded every due process to which you are entitled and that you get a just resolution to your case.

Trust the LLF National Law Firm

If you’ve been accused of some type of disciplinary misconduct over something you’ve said, you don’t want to try and handle the situation yourself. Your educational future is at stake.

The LLF National Law Firm’s Student Defense Team is committed to your future and to ensuring USC treats you fairly. We’ve helped hundreds of students deal with all types of misconduct charges. We’re always on your side and willing to fight hard on your behalf.

To find out more about how we can help, contact the LLF National Law Firm today at 888-535-3686. Or, fill out our online questionnaire.

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