Learn More About Speech Codes: Posting and Distribution Policies

Summary

Posting flyers or handing out materials is a popular way for students to express themselves on campus, from advertising for student group events to expressing political opinions. Institutions may put in place reasonable time, place, and manner restrictions on expressive activities like posting to ensure the campus can function properly. However, university policies often over-regulate this form of expression by enacting policies that exhibit the common mistakes listed below.

For example, when a college designates an area for posting – say an outdoor bulletin board – the institution may not impose viewpoint-based restrictions, such as taking down the college democrats posters but leaving the college republicans’ posters up. It is also critically important that universities permit anonymous or pseudonymous materials so all students can express themselves on campus.

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 posting and distribution.

Common Mistakes

Prohibiting anonymous speech

Anonymous speech is as American as apple pie, but many college polices outright prohibit it, or effectively prohibit it by requiring authorship on all posted materials. While requiring authorship on some postings is permissible, like in particular locations or for materials advertising specific events, preventing students from posting any anonymous or pseudonymous materials could have a chilling effect on the student speech. This is heightened for students who feel they can only express their thoughts anonymously, which is typically protected under First Amendment standards.

Require advance approval

Many college and university policies required administrative approval to post or hand out any material anywhere on campus. While the institution may reasonably require students to have posters date-stamped for particular bulletin boards, or get permission to hand out pamphlets inside buildings, subjecting all materials and leafleting to administrative approval is unreasonably restrictive.

Content-based restrictions

Some policies ban expression that would include speech protected by the First Amendment, such as "offensive,” "inappropriate," or “subversive” materials. Content-based restrictions on certain bulletin boards, such as departmental boards designated for specific announcements and materials related to their work, are permissible, but viewpoint discrimination in a public forum is never permissible.

Policy Examples

Red light

Massachusetts College of Liberal Arts: Community Standards: Advertising Policy

All flyers, banners, and table tents require approval from the Office of Student Engagement before being displayed. Advertisements promoting the sale or use of alcohol or containing material deemed inappropriate or offensive to the Campus community will not be approved for posting. Advertisements may only be placed in approved areas.

Yellow light

Tarleton State University: Publicity & Solicitation Guidelines

General Guidelines Any publicity or solicitation, as defined by this policy, must: be reviewed and approved by Student Media prior to display or distribution. Additional approval may be required depending on the type or location; not promote discriminatory, subversive, or unlawful behavior. . . . Flyers and posters must: Be approved and stamped by Student Media at The Source (see section 2.2.1) . . . include the name of the sponsoring individual, organization, or department.

Green light

Southern Utah University: Free Speech and Advocacy on Campus

The University shall provide reasonable space indoors and outdoors for the posting of non-commercial signs, notices, posters, and banners by members of the University community. Subject to the limitations on unlawful/unprotected speech . . . Members of the University community may post non-commercial signs, notices, and posters on bulletin boards and kiosks located on SUU campus and maintained by the University; however, they may not be posted on bulletin boards or kiosks maintained by academic and administrative departments of the University or in classrooms.