“Just Say No to Drugs” posters would be forbidden in UCLA dorms:

I just came across (via speechcodes.org) this policy in the 2003-2004 On Campus Housing Student Handbook:

“D.8 Posting and Distribution of Materials . . . . c. Materials may not contain direct or indirect references to alcoholic beverages or illegal drugs; lewd or sexually explicit conduct; or criminal activity.”

     This clearly prohibits “Just Say No to Drugs” posters (direct reference to illegal drugs), flyers for anti-domestic-violence rallies or workshops (direct reference to criminal activity), ads promoting marijuana legalization or promoting debates on marijuana legalization (direct reference to illegal drugs and criminal activity), and probably safe sex workshops (direct or indirect reference to sexually explicit conduct). Maybe the university may constitutionally impose such a broad restriction, though I doubt it, given the designated public forum doctrine. But is it really a sensible restriction to impose — and is it really meant to be enforced that way?

     I assume the answer is “no” and “no”; presumably the policy is intended to cover a much narrower zone of speech than its text specifies. But exactly what zone?

     Only speech that advocates use of alcohol, use of drugs, or criminal activity, or that includes jokes that refer in a favorable way to alcohol, drugs, criminal activity, or sexually explicit conduct? Well, first, even if that’s what the policy means, that’s not what it says, and there’s no way for students or administrators to know that it’s what it means. And, second, that would be unconstitutional. Even if the dorms and their walls are treated as nonpublic fora (as opposed to designated public fora), the government still may not impose viewpoint-based speech restrictions there — and the narrower interpretation of the policy would be unconstitutionally viewpoint-based.

     I understand the school’s sentiments; and I understand why a university may want to take a paternalistic attitude to its young students. But the First Amendment doesn’t allow it to implement its paternalism through this sort of speech restriction. The University certainly has ample legal power to punish students for actually illegally drinking alcohol, using drugs, engaging in crime, or engaging in public lewd or sexually explicit activity. It has no business, I think, telling students what they may or may not say about such conduct, even in material posted or distributed in on-campus housing.