Due to the differing legal environments between nations, students must navigate difficult questions about whether it is safe, legal, or wise to engage in protests, or other expressive activities relating to religion, politics, gender, sexuality, or other sensitive issues while abroad.
Berkeley Study Abroad encourages students to engage in conversation, debate, and expression. It is important to understand that participation in these activities must remain within the legal boundaries of the host country. Your First Amendment, Constitutionally protected right to expression, speech, and assembly will not travel abroad with you.
Free speech laws of other countries are influenced by a country’s history, political climate, socio-cultural dynamics and other factors. Familiarizing yourself with these laws and cultural norms prior to travel is important for you to know your rights and risks. Berkeley Study Abroad understands the importance of student agency and suggests you familiarize yourself with the risks involved in expression in the specific country to which you are traveling. Note that acts in violation of local law, for example, can lead to legal action, arrest and thus impact your ability to complete your program.
Resources
- U.S. Department of States, U.S Students Abroad Page. These resources include a series of specialized pages addressing students' unique situations, including some advice on foreign legal systems and their relationship to expressive activity abroad. For example:
- Some locations may include higher risk areas within a lower risk country’s borders. Always check the U.S Department of State, country specific Travel Advisories if traveling outside of your program location. The “High-Risk Area Travelers” page recommends that travelers “[e]rase any sensitive photos, comments, or other materials from your social media pages, cameras, laptops, and other electronic devices that could be considered controversial or provocative by local groups.” It makes clear that students “are subject to the laws and the legal system of the country [they] are visiting.”
- “LGBTI Travelers” are warned that “[m]ore than seventy countries consider consensual same-sex sexual relations a crime, sometimes carrying severe punishment,” and that “consensual same-sex sexual activity, public gathering, or dissemination of pro-LGBTI material may be illegal.”
- U.S Department of State, country specific Travel Advisories.
- Berkeley Study Abroad LGBTQIA+ travel resource and advisory
Note
The Pew Research Center polled 38 countries around the world in 2015 and found that Americans are more tolerant of free speech than other nationalities. Given this data it is more likely than not that you will have less legal and cultural tolerance regarding self expression while abroad. It is important that you fully inform yourself regarding the risks and legal boundaries of participating in any act of self expression including but not limited to participating in protests.