Assignment 8 Essay

Submitted By gore3671
Words: 776
Pages: 4
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To: State University, Director of Student Activities and Vice President for Student Life
FROM: State University General Counsel,
Date: 4/3/15
Re: Freedom of speech in printed Materials on Campus ISSUES
Could a change to the student posting policy affect student’s first amendment constitutional rights to freedom of speech? In what way could the policy be adapted while still being constitutional compliant?
FACTS
State University is a residential campus, with 20,000 students, where 80% which live on campus
The university has many public outdoor spaces, including the main quad, plazas in front of buildings, and numerous walkways
Student organization and other postings created a litter and unkempt situation on campus, because the volume and locations of the postings being on trees, lamp posts, which created clutter.
Student Activities created information kiosks a 7 foot by 4 foot by 4 foot box shaped space for student postings.
The kiosks are managed in self-service way, where there are only 2 rules when posting: 1. must display a posted date and be removed two weeks after the posting date, 2. No notice can be posted on top of anyone’s posting or can any posting be removed by another person.
Over the past couple of years many posts have become increasing sexist, racist, and controversial in nature. Including criticizing particular administrators and faculty.

DISCUSSION
Universities may decide the time, manner and place where students may post fliers. This can include creating an authorization process for posters, but there can be no judgment towards the content of the poster or leaflet (Thomas v. Chicago Park District 2002). This content neutrality is to protect the freedom of speech in all areas except obscenity and defamation.
Since State University has dedicated these kiosks as public forum spaces for posters they will be highly protected under the first amendment. Previous cases have determined that public forms are either traditional public form spaces or designated public form spaces (Arkansas Educational Television Commission v. Forbes 1998).
There has been a mixed response to requiring identification on posters. The requirement may be upheld if it is content neutral. The requiring of identifying the source of the poster or leaflet can be seen as a deterrence of peaceful discussion and therefore is violating freedom of speech as in Talley v. California in 1960 where Talley won their case because of the right to remain anonymous when posting.
A university can require students to identify themselves when handing out leaflets if the space is determined to be a designated limited forum, but the university cannot require students to disclose their name to everyone they can out a leaflet. This would break the first amendments rights to anonymity. (Justice for All v. Faulkner 2005)

CONCLUSION
I suggest that State University put together a task force of student affairs, faculty, and student leadership to address the following issues: adjusting the posting policy, creating a peer advocate/ bias response team, and finally how do we as a university create a more transparent communication and organizational structure to promote
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