Learn More About Speech Codes: Internet Usage Policies

Foundation for Individual Rights and Expression

Summary

Colleges typically maintain policies that regulate (and, all too often, impermissibly restrict) online expression by students. However, just as college administrators may not infringe on students’ protected speech on the campus quad, they also may not do so when that speech takes place online.

Consult FIRE’s Model Speech Policies for College Campuses webpage to explore policies from various institutions in our Spotlight database that earn a “green light” rating in each category, including policies on internet usage.

Common Mistakes

Content-based restrictions

Many policies prohibit use of information technology (be that email or the university’s wi-fi) to transmit or store “offensive,” “sexually explicit," or even “annoying” content. Such provisions should instead prohibit unlawful conduct like harassment, or the use of university technology resources to violate other applicable university policies.

Poorly drafted provisions

Universities often maintain poorly written “spam” or “bulk e-mail” policies that, in seeking to regulate unwanted mass email, also encompass non-disruptive messages protected under the First Amendment like a student group forwarding a form letter to its members. Instead, colleges should target mass email that disrupts the use of university technology resources.

Policy Examples

Red light

West Chester University: West Chester University Policy on Acceptable Use of Information Technology Resources and Systems

While the University respects the individual’s right to free speech and free expression, it is expected that the use of the system will fall within the guidelines of generally accepted social standards of the University and demonstrate respect for all members of the campus community. . . . The following rules must be observed . . . Never send or forward unsolicited email including chain mail; Never send harassing, annoying, threatening, defamatory, offensive or fraudulent messages or images to others.

Yellow light

Southern Utah University: University E-Mail Policy

Sending unwanted e-mail messages to a large population abuses the e-mail service and results in fewer resources for University purposes. Sending e-mail messages to more than 10 users, whether as a single message or as a series of related messages, is expressly prohibited by this policy.

Green light

Arizona State University: Computer, Internet, and Electronic Communications Information Management Policy

Unlawful communications, including threats of violence, obscenity, child pornography, and harassing communications, are prohibited.

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