2005 California Education Code Sections 94367 CHAPTER 3.3. SPEECH AND OTHER COMMUNICATION

94367.  (a) No private postsecondary educational institution shall
make or enforce any rule subjecting any student to disciplinary
sanctions solely on the basis of conduct that is speech or other
communication that, when engaged in outside the campus or facility of
a private postsecondary institution, is protected from governmental
restriction by the First Amendment to the United States Constitution
or Section 2 of Article 1 of the California Constitution.
   (b) Any student enrolled in a private postsecondary institution
that has made or enforced any rule in violation of subdivision (a)
may commence a civil action to obtain appropriate injunctive and
declaratory relief as determined by the court.  Upon 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 apply to any private postsecondary
educational institution that is controlled by a religious
organization, to the extent that the application of this section
would not be consistent with the religious tenets of the
organization.
   (d) Nothing in this section shall be construed to authorize any
prior restraint of student speech.
   (e) Nothing in this section prohibits the imposition of discipline
for harassment, threats, or intimidation, unless constitutionally
protected.
   (f) Nothing in this section prohibits an institution from adopting
rules and regulations that are designed to prevent hate violence, as
defined in subdivision (a) of Section 4 of Chapter 1363 of the
Statutes of 1992, from being directed at students in a manner that
denies them their full participation in the educational process, so
long as the rules and regulations conform to standards established by
the First Amendment to the United States Constitution and Section 2
of Article 1 of the California Constitution for citizens generally.