Eliyahu Gasson | opinions editor |

Duquesne University’s new policy governing the placing of posters in dorm room windows has raised concerns from students and free speech experts.

Since its announcement, some students have expressed concern about the new TAP 65, specifically a paragraph in Section II, which relates to window postings in university affiliated dormitory buildings.

“Decorations, displays, or postings in university owned and affiliated housing windows facing in or out are not permitted,” the TAP reads.

Ava Hickman, the president of the College Republicans at Duquesne, said that while she was not certain of what the policy said, it did make the campus group hesitant in displaying political posters in their dorm windows.

“I have been informed that there is an ordinance or rule that does not permit us to [do] so,” Hickman said to The Duke. “I have had a member express interest in hanging up a sign but another member who works for the school told him it was not allowed.”

“Expression is encouraged unless it disrupts the operation of the university, endangers or imminently threatens to endanger the safety of any member of the university community, or is in conflict with the mission,” according to the Duquesne University Student Handbook. “Public statements and demonstrations by individual members of the university community or organization shall be clearly identified as representative only of those individuals or organizations and not of the university.

Ryan Ansloan, senior program officer of policy reform at the Foundation for Individual Rights and Expression (FIRE), said he was concerned that TAP 65 contradicts the Duquesne University student handbook.

“I think that a lot of students who read the student handbook would be surprised that Duquesne does not respect free speech rights,” Ansloan said. “I would have trouble understanding how the university could argue that putting a political sign in a window of a student’s dorm room disrupts the operation [of the university], threatens anyone or is in conflict with the mission of the university.”

Ansloan said that while private universities like Duquesne aren’t bound by the First Amendment to guarantee freedom of expression on their campuses, there is precedent that that they still have an obligation to maintain the freedom of expression they claim to offer students, as Duquesne does in its student handbook.

“Under what’s called contract theory, students are still provided free expression rights and that’s the sort of thing that would still be binding,” Ansloan said. “Many courts have upheld that contract theory and have required that private institutions live up to their own promises.”

Ansloan pointed to rulings on various cases listed on FIRE’s website, including Havalik v. Johnson & Wales University.

“The relevant terms of the contractual relationship between a student and a university typically include language found in the university’s student handbook,” according to the ruling. “We interpret such contractual terms in accordance with the parties’ reasonable expectations, giving those terms the meaning that the university reasonably should expect the student to take from them.”

The student handbook does say “students and student groups are expected to comply with the university’s Facilities Use Policy, incorporated into this policy by reference.”

According to Duquesne University Vice President for Marketing and Communications Gabriel Welsch, TAP 65 does not contradict the student handbook as it is expressly incorporated into it.

“The university has an obligation to manage the private property that composes the common environment for all faculty, staff and students in order to minimize disruption and our policies are designed to do that,” Welsch said. “Outfacing windows are part of the visible façade of our buildings and thus part of the common environment. Numerous other opportunities exist for political, philosophical and personal expression for students.”

Another concern of Ansloan’s is the apparent selective enforcement of TAP 65.

“That is striking much more at the heart of free speech and political speech, which is particularly important,” he said. “This written policy is problematic, unquestionably, but then there’s how the policy is being applied.”

According to Welsch, the university has “had only a single removal of an item from a window in a living learning center,” and they have had “no other reported incidents.”

The university would not comment on the subject matter of the removed item.

“As has been standard university practice for many years, we do not comment on the specifics of conduct actions,” Welsch said.

A reporter from The Duke observed that a number of dorm room window decorations were clearly visible from street level, including Halloween and Thanksgiving decorations. A poster for Democratic presidential candidate Kamala Harris was also visible along Bluff Street.

Assistant Vice President for Residence Life Anne Lahoda said the policy is new to the Office of Residence Life, and they are still trying to figure out how to address the issue of window decorations and postings.

“We are taking more of an informative approach,” she said. “We want to make sure students are aware of it [TAP 65].”

“As the TAP states in section VI, violations will be reviewed on a case-by-case basis, as is the case with the vast majority of the TAPs,” Welsch said. “The reason for TAP 65’s creation was spelled out in the original message announcing it.”

The new signage policy in TAP 65 was announced via an email sent out to students on Sept. 18.

“The policy was created to organize several existing resources, guidelines, and processes that have long existed in places like the Student Handbook, Registered Student Organization guides, TAPs and the Faculty Handbook into a single location for clear guidance,” the email said.

Welsch said that the purpose of the policy is to foster a civil environment on campus, citing Duquesne University President Ken Gormley’s “State of the University” address on Oct. 1.

“Last spring, as many colleges and universities experienced upheaval from campus protests—and their educational missions were wholly or partially disrupted—we maintained a sense of calm and orderliness,” Gormley said during the address. “Our regular focus on civil discourse and civility has created a culture among our students … that strives to be a place that’s welcoming and respectful to all.”

In his address, Gormley mentioned the new TAP 65 and its ‘‘no-camping’ policy on campus as well as clear guidelines regarding outside organizations that may want to use space here on campus.”