Tips for creating poster policies
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STAY NEUTRAL
Policies for posters and flyers must be content neutral. In formulating these policies, universities should avoid vague or overbroad language that could be used to censor messages, such as prohibitions against “references to illegal drugs or alcohol.” The policies can, however, impose limits or restrictions on posters that would violate existing laws, such as slander, libel, defamation, or harassment.
See the University of Chicago’s policy.
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RESTRICT LIGHTLY
Rules about where posters can be hung and for how long fall under traditional time, place, and manner restrictions and should be content neutral. It is reasonable for institutions to set rules about the kinds of materials that can be used in affixing flyers and to regulate where on campus signs and chalking are permitted.
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MINIMIZE APPROVALS
Policies mandating that posters and flyers be approved by a central authority can have a chilling effect on free speech and may grant overly broad discretion to university officials to make case-by-case decisions. Instead, campuses should develop a set of protocols that they can follow whenever the need arises. It is reasonable for schools to designate some specific boards or locations where they regulate posting through an approval process. But there should also be as many if not more spaces where posting is not regulated in this manner.
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PERMIT ANONYMITY
Anonymous speech is legally protected in a variety of contexts, and campuses should strive to remain open to this form of speech, either by designating specific locations where it is permitted or by simply avoiding regulations that would hamper it. It is reasonable for schools to impose an attribution requirement for posters that seek inclusion on designated official university bulletins, boards, or locations. But to encourage openness, such restrictions should not be the norm.
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ALLOW OUTSIDERS
In general, universities should avoid restrictions on posters from outside groups except in places that are reserved for groups with school affiliations.
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REMOVE VIOLATORS
Policies should specify that posters that violate the rules of the institution can be removed.
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AFFIRM SPEECH
Poster policies should include a clear affirmation of the right to free expression for students and others. It is also reasonable for these policies to include a clause encouraging student groups to be mindful of what they post and how others on campus might view it.
Further Reading
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Sample Policy
University of Chicago’s posting policy