The Journal of College and University Student Housing - Volume 44, No. 3 - 85

Walls, Halls and Doors

amendment. the exception is if the government can show the restriction is necessary to
serve a compelling governmental interest, is
narrowly tailored to limit only the necessary
speech and does not regulate too much speech
(first amendment Center, 2017).

 .  .  . while courts, or even the

a limited public forum (sometimes referred to as a "designated public forum") is a
place with a more limited history of expressive activity, usually only for certain groups
or topics. examples of a limited public forum
would include a university meeting hall or a
city-owned theater, but may also include a nonlocation forum, such as registered student organizations or some student-run publications.
the government can limit access to certain
types of speakers in a limited public forum,
or limit the use of such forum to certain subjects (first amendment Center, 2017). Despite
these more proscriptive guidelines, a governmental institution still may not limit expression based on the viewpoint of the speaker
(Christian Legal Society v. Hastings, 2011, p.
2987-90), although content can be regulated if
doing so is "reasonable in light of the purpose
served by the forum" (Rosenberger v. Rector and
Visitors of University of Virginia, 1995, p. 838).

equity, and inclusion, neither courts

nonpublic forum (or a "closed public
forum") is a place that, traditionally, has not
been open to public expression, such as a jail
or a military base, but is open only for very
select purposes. governmental restrictions in
nonpublic forum will be upheld as long as they
are reasonable, uniformly applied, and not pretense in order to restrict a particular viewpoint
(Krishna v. Lee, 1992). this standard is far
more deferential to government officials (first
amendment Center, 2017).

public at large, have an intellectual
appreciation for the goals of higher
education as they relate to diversity,
nor our campus communities are
willing to support limiting students'
First Amendment rights in pursuit of
those goals .

cOMMOn fORUM TYPes
WITHIn HOUsInG
a housing community must balance the importance of the right of freedom of expression
in the housing community with an acknowledgement that with free speech comes responsibility. university housing is a special context,
because students are not just fellow members
of an academic community but neighbors as
well. understanding our role in the housing
environment requires residents and housing
professionals alike to live into those responsibilities while maintaining an environment for
robust speech within a residential space. in
Healy v. James (1972) the court applied principles from Tinker v. Des Moines Independent
Community School District (1969) to higher education. in Healy, the Court extended the protections speech and association rights of the first
amendment to college students. importantly,
it noted that a "need for order" would not be a
reason to limit students' freedom of expression.

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The Journal of College and University Student Housing - Volume 44, No. 3

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