
The Collegian’s coverage of Penn State violating the First Amendment.
THE LEAD: Penn State University likely violated the First Amendment when it removed all copies of The Collegian, the university’s student newspaper, as well as the display racks upon which was distributed. The university claims the ads violate some part of the school’s rules about advertising.
There were around 35 racks inside campus buildings, with three running a Kamala Harris advertisement and six running voter registration ads in poster space above the newspapers. All racks and newspapers have been removed and their location remains unknown, as noticed Thursday. According to correspondence between the Collegian’s General Manager and the university’s Chief Procurement Officer, racks will be returned by Friday morning without the advertisements.
In response to running these political ads, the Collegian received feedback from alumni and students and was notified of university concern Wednesday via an off-the-record conversation. The source said they heard the university was alleging the advertisements violated advertising rules.
THE BACKGROUND: Student newspapers have been taking a financial beating over the past several decades, as universities have cut or eliminated financial support for them and traditional print advertising has all but dried up.
National advertising companies have worked with student newspapers to provide distribution points inside and outside of campus buildings, with the idea that the companies can sell poster-style ads that go on the racks, thus reaching a college audience in a way that they otherwise couldn’t. In addition, during campaign seasons, political campaigns work with national advertising companies to buy large ads in student media outlets that support everything from specific candidates to the right to vote.
When it comes to advertising in student newspapers, the student staff has the right to accept any advertising it wants, so long as it’s not related to an illegal enterprise. (“C’mon down to Dr. Vinnie’s House of Meth and Waterboarding!”) It also has the right to refuse advertising for any reason. (It’s “Screw You Tuesday,” which means if you try to place an ad, we just say, “Screw you, dude.”)
THE ALLEGATIONS OF POLICY VIOLATIONS: The university got some grief over the ads running for one candidate (Harris) so it decided to try to kill a fly with a sledgehammer. Even worse, this is a sledgehammer that has a giant hole in it, as the university policies spokesperson Lisa Powers cites literally have nothing to do with what’s going on here:
AD27 Commercial Sales Activities at University Locations states “university organizations, within the limitations established by this policy and other university regulations, and with appropriate approval, may sell materials to support the purposes of their organization.”
AD02 Non-University Groups Using University Facilities states the university will “ensure optimum use of resources and develop and maintain good public relations with organized groups wishing to use these resources.”
The university maintains advertising policies such as AD92 Political Campaign Activities, which states the university is “committed to the principle of free expression, including the exchange of political viewpoints and ideas, for all members of its community.”
Yep, totally clear that they violated… Wait… OK, look, it’s not like they thought anyone would actually LOOK UP those rules and see what they SAID!
A LEGAL EAGLE WEIGHS IN: My initial thought was that this was an egregious violation of the paper’s rights, but believe it or not, I have been wrong about stuff before. So, instead of pretending to be a law expert, I reached out to one of my legal eagle friends for a quick take on what’s going on here.
His reaction was akin to mine:
It’s hard to imagine a policy like that standing up in court — a government body (state university) says political speech by students/employees is not allowed?
Although he noted that the discussion of these policies was a bit opaque in the article, he hit on a question I was curious about:
I’m curious why advertising was allowed before on racks and in the paper, especially if they allowed political ads?
Because if it’s always been allowed before, which I imagine it has been, this looks like censorship based on the content of the ads. Which sets off huge First Amendment red flags.
The problem with pulling THESE ads under the auspices of the “we don’t allow ads and stuff like this on campus” is that the university let this happen for some modicum of time before the Harris ads showed up. That makes it look like the ads only became a problem due to the content, which is a clear violation of free expression rights. Also, the papers that were removed ALWAYS have the potential to have ads in them, so the fact these were seized furthers that supposition.
Something tells me the Student Press Law Center and the Foundation for Individual Rights and Expression might have something to say about this…
DOCTOR OF PAPER HOT TAKE: This feels like another stupid, ham-handed administrative overreach because a couple people got noisy about speech they didn’t like. Too many administrators feel that they have the right to do whatever they want within their fiefdom when it comes to pesky little things like the student newspaper.
What they fail to realize is a) the First Amendment applies to ALL press content, not just “grown ups’ newspapers” or press content they like and b) student newspapers have a lot of “grown up friends” who cut their teeth in student media and will not stand idly by when the student newspaper folks’ rights are violated.
I’ve seen people get angry about these kinds of ads before for a number of reasons. When I got a bunch of outdoor newspaper boxes for the Advance-Titan here at UWO, the first ads were for a pro-choice group. People got upset that we ran those ads in public spaces, but there was really nothing they could do other than threaten us and kvetch. I’ve also seen university administrators get quite peeved when another university buys the ad space on these racks and tries to recruit kids to their programs.
My response is simple: You don’t like their ad? Buy one of your own and tell your story. Otherwise, suck it up and go away.
The cure for expression you don’t like is should always be more expression, not the curtailing of it. If the people on campus are all in a lather about seeing advertisements for Kamala Harris, they can either look the other way or buy their own ads for Donald Trump or RFK Jr. or whomever they choose. Buy every single page of the paper and put a big ad on each one that says “VOTE FOR TRUMP AND VANCE OR YOUR DOGS WILL BE EATEN” for all I care, and I’m sure the folks at The Collegian will be happy to print them, because that’s what student media outlets do.









