The Journal of College and University Student Housing - Volume 44, No. 3 - 89

Walls, Halls and Doors

Tables and Temporary Information
Displays
institutions at times decide to "open up" a nontraditional forum by making it more widely available for speech-related activities. an example is
the use of information tables, such as outside a
campus dining facility or building lobby, as the
erection of tables in a traditional public forum
may be considered expressive activity protected
under the first amendment (ACLU of Nevada
v. City of Las Vegas, 2006). an institution originally may have allowed the tables to be used by
the building residents only, but may then decide
to make tables available to anyone who makes a
proper reservation. By making the tables open
to the general public, the institution has given
the tabling locations heightened first amendment protections akin to traditional public
forum like parks and sidewalks. While the institution may still require a proper reservation,
permissible denials of use would be limited to
time, place, and manner regulations that apply
to traditional public forums.

her fondness for a product on an appropriately
available whiteboard or bulletin board, or in
conversations with other residents.

The Captive Audience Doctrine
once the institution allows residents to use
their doors, windows, or other forum for expression, it cannot exclude the resident who
wishes to use that forum to express offensive but protected speech. the fact that some
speech may be objectionable or offensive to
passers-by, or perhaps even make some feel
unsafe, likely will not be enough to make that

 .  .  . the growing conversation
around exterior facing windows as
it relates to the First Amendment
has developed from the national
conversation around the display

Business Activities as Free Speech

of things such as the Confederate

most residential communities consider the
residence hall a resident's home and have solicitation policies that prohibit businesses or individuals from soliciting within the halls. one
question that is often raised is, can a business
use a resident to solicit on their behalf in the
residential communities? if the institution has
a policy against this, the first amendment will
not protect business activity within a residence
hall as a form of free expression (State University of New York v. Fox, 1989). so, although a resident cannot, as a paid employee of a company,
put coupons or flyers on or underneath other
residents' doors, a resident could express his or

flag or swastikas . Freedom
of speech allows residents to
display these flags and symbols
regardless if others agree with their
content or meaning, but exteriorfacing windows are not a default
traditional public forum and the
institution can impose standards
and limits .

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

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