The Journal of College and University Student Housing - Volume 44, No. 3 - 90

Tess Barker * Amanda L. McLittle

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 speech impermissible.

speech impermissible (Wasserman, 2005). institutions sometimes claim they need to limit
offensive speech for the benefit or protection
of those who may be a "captive audience" and
do not wish to hear the speech. an institution
has some leeway to protect unwilling listeners
from objectionable messages in public forums
(Hill v. Colorado, 2000), when the speech is
made face-to-face or when minors may be inadvertent listeners (FCC v. Pacifica Foundation,
1978). But the legal baseline for offensiveness
is not the comfort level of the most sensitive
person around (Cohen v. California, 1971). as
Justice harlan wrote, "one man's vulgarity
is another's lyric" (Cohen, 1971, p. 25). this
notion can be at odds with the desire to create
an inclusive and welcoming environment for
every resident in a hall, including those who
may not want to walk by doors that contain
messages that offend them or their beliefs.
90

RAs: sTUDenTs OR eMPLOYees
fOR fIRsT AMenDMenT
PURPOses
most residential communities have student
staff that live in close proximity to the residents, either resident assistants or advisors (ras) on each floor, or other residential
staff located centrally within a community or
housing complex. as paraprofessional staff,
they present a layer of complexity as it relates
to freedom of expression and the rights of the
student staff to express themselves. this is
because states permissibly can limit speech of
their employees while they are acting as employees (Pickering v. Board of Education, 1968;
Connick v. Myers, 1983; Garcetti v. Ceballos,
2006). if addressing the speech of students
employed as ras, a critical determination for
an institution will be whether the student staff
are considered first and foremost employees
of housing or considered volunteer positions.
this designation will determine if in the position they are first and foremost employees
or students. another consideration will be if
student ras are trained and expected to act as
ras at all times, even when not officially on
duty. there are three key cases that inform how
an institution might consider the first amendment rights of its student ra staff.
for institutions that consider ras as employees, Pickering v. Board of Education (1968)
is instructive. in Pickering, a school teacher
wrote a letter to a local newspaper editor complaining about a defeated school board proposal, complaining about the board's handling
of past proposals and allocation of funds favoring athletics over academics. the school board
felt the letter was "detrimental to the efficient

T h e J o u r n a l o f C o l l e g e a n d U n i v e r s i t y St u d e n t H o u s i n g



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

Table of Contents for the Digital Edition of The Journal of College and University Student Housing - Volume 44, No. 3

Contents
The Journal of College and University Student Housing - Volume 44, No. 3 - Intro
The Journal of College and University Student Housing - Volume 44, No. 3 - Cover1
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