Reed

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

The central issues that we address in the pages that follow are these: does a public university violate the First Amendment if its regulations purport to empower it to punish students (1) on the undifferentiated ground that their behavior was “inconsistent with [the university’s] goals, principles, and policies,” or (2) for engaging in conduct that is not “civil.” We also consider whether the First Amendment permits a university to proscribe “intimidation” or “harassment” that appears to threaten or endanger another person’s safety.

Plaintiffs are an organization, College Republicans at San Francisco State University (“SFSU”), and two of the organization’s members. Defendants are administrators with either the California State University System (“CSU”) or with SFSU. Plaintiffs have filed a motion asking the court to issue a preliminary injunction that would prohibit the defendants from enforcing two provisions of the Student Conduct Code and one provision in the SFSU Student Organization Handbook. In support of their request, plaintiffs contend that each of the provisions they…