Freedom of speech seems to be the number one right that Americans turn to when defending their behaviors against punishment or ridicule. But there are specific limitations to the First Amendment, and when speech falls into those categories, you cannot claim that it is protected because of freedom of speech.

College campuses are rife with community boards and flyers notifying students of tutoring services, Greek life parties, and recruitment opportunities. Even with the invention of Facebook and other social media platforms to carry these messages to the masses, flyers can still be seen tacked up around campuses across the country. In some cases, especially with the rise of racism and antisemitism on campus, the flyers have shifted from simple notifications of social events to things like conspiracy messages, political mudslinging, and sexually explicit photos.

What Kinds of Flyers are Appropriate?

Most schools have specific guidelines students must follow before posting a flyer on a community board on campus. For example, at Seminole State College in Central Florida, flyers must be approved by the Student Life Office before they can post them around campus. Flyers must be “in good taste” and not show sexually explicit photos, include statements or symbols referencing alcohol or drugs, or contain vulgar or offensive language or material.

Likewise, at Montana State University, flyers for student organizations must be brought to the Office of Student Engagement before they can be posted and cannot include any lewd, sexually explicit, or obscene advertising. If the flyer focuses on alcohol being distributed, it must include a message about knowing when to stop drinking.

What Happens if You Violate Your University's Flyer Policy?

As most universities require that flyers be approved prior to being posted, if they find that the flyer violates their policy, the approval will be denied. But many groups may try to go around the administration and post the flyers anyway. If you are caught posting flyers without getting permission, or that goes against the flyer posting policy at your school, you will most likely be brought up before a disciplinary committee for review.

The severity of the hearing will depend on how egregiously you have violated the policy. For simple things like making alcohol a focal point of a flyer, even though it is not allowed by the administration, you might receive a written warning or probation. But for more severe actions – like helping neo-Nazi organizations post flyers on campus to recruit – you may face more harsh sanctions, like suspension or expulsion.

How an Attorney-Advisor Can Help

Attorney Joseph D. Lento and the Lento Law Firm have spent years helping college students accused of disciplinary issues navigate the proceeding hearing and appeals process. They understand how small misunderstandings can have large consequences for unsuspecting students. You should not have to suffer through unnecessary sanctions. Attorney Lento will be able to negotiate with your administration and help you present a strong defense to preserve your place on campus. Call 888-535-3686 today or schedule a consultation online.