Political Campaigning On Campuses: Impact And Ethics

Political campaign-related activities at colleges and universities are subject to various regulations and policies. While individuals within academic institutions are generally free to express their political opinions and engage in campaign activities, they must do so in their personal capacity and avoid any perception of institutional endorsement. This extends to the use of university resources, such as letterhead, email, funds, and equipment, which cannot be utilised for political purposes. Universities themselves are prohibited by federal law from directly or indirectly influencing campaigns or endorsing candidates, and they must maintain non-partisanship in their activities. However, they can facilitate political engagement by hosting non-partisan events, forums, and debates, as well as encouraging voter registration and education in a neutral manner. These regulations aim to balance the competing interests of free expression and non-intervention in political campaigns within the academic community.

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Students at public colleges are protected by the First Amendment, allowing them to engage in political activity

Students at public colleges are protected by the First Amendment, which allows them to engage in political activity. This protection is dependent on the type of expression and the age of the students, as college students are generally 18 years or older and are thus legally adults. The First Amendment protects speech, no matter how offensive the content, and restrictions on speech by public colleges and universities amount to government censorship, which is a violation of the Constitution. Students have the right to invite speech they wish to hear, debate speech with which they disagree, and protest speech they find bigoted or offensive.

Public colleges and universities are free to invite whomever they like to speak at events, and students are free to protest speakers they find offensive. College administrators cannot dictate which speakers students may invite to campus. If a college usually allows students to use campus resources to entertain guests, the school cannot withdraw those resources simply because students have invited a controversial speaker.

Students have a constitutional right to engage in peaceful marches and demonstrations, wear symbolic clothing, coordinate boycotts, and other expressive actions that do not substantially disrupt the campus environment. Substantially disruptive behavior includes calling for immediate lawless action, blocking entryways, and preventing classes from continuing. Public institutions are allowed to deny recognition or stop student group activities when those activities violate campus rules, interrupt classes, or substantially interfere with the opportunity for students to learn.

Public institutions cannot deny recognition to student groups for being associated with a controversial organization or for having controversial opinions. They also cannot prohibit or limit recognized student groups from communicating with students, faculty, and administration. Public colleges and universities cannot deny funding, resources, or services that are generally accessible because they disagree with the group's viewpoint. However, public colleges and universities have no obligation to fund student publications.

Private colleges may restrict employees from holding other paid positions

Private colleges and universities often have policies in place that restrict employees from holding certain other paid positions or engaging in specific outside professional activities. These restrictions aim to prevent conflicts of interest and commitment, ensuring that employees' primary dedication is to their duties at the institution. Such policies typically apply to both full-time and part-time employees, including faculty and administrative staff.

The specific restrictions can vary across institutions, but they often include provisions related to holding multiple positions, outside employment, and financial interests. For example, employees may be prohibited from holding permanent or full-time positions at other institutions without prior approval or arranging a leave of absence. This is to ensure that their primary commitment remains to their role at the private college or university.

Additionally, private colleges may restrict employees from engaging in outside employment or professional activities that create a conflict of interest with their institutional responsibilities. This could include running a company or participating in programs sponsored by outside entities, particularly if these activities detract from the employee's ability to fulfil their duties at the college. In some cases, employees may be required to disclose and manage potential conflicts of interest before engaging in outside professional activities.

The policies of private colleges and universities regarding outside employment often focus on maintaining the integrity of the institution and its research. For instance, at Penn State, the AC80 policy outlines requirements for prior approval, disclosure, and conflict of commitment management for outside professional activities. This policy underscores the importance of preventing conflicts between individual financial interests and university research.

While private colleges may enforce restrictions on outside employment, it is important to note that these policies can vary widely across institutions. Employees should carefully review their employment contracts and the specific guidelines provided by their college or university to understand the applicable restrictions and requirements fully. Additionally, policies may be subject to change, and employees should stay updated on any revisions that may impact their rights and responsibilities regarding outside professional activities.

Universities are committed to open discussion, encouraging civic engagement and participation in elections

Universities are bastions of free speech and open discussion, and they play a vital role in encouraging civic engagement and participation in the democratic process. As such, students and faculty must be allowed to peacefully express their political views and engage in political activity without fear of censorship or retribution. This includes the right to participate in political campaigns and elections, as private citizens, using their own time and resources.

Indeed, universities should actively foster an environment that encourages political discourse and engagement. For instance, the Universities of Wisconsin are committed to the free and open discussion of ideas and encourage active civic engagement, including participation in the electoral process. However, as a state entity, the Universities of Wisconsin do not engage in political campaign activity, and state time or resources may not be used for that purpose. This is a common stance for public universities, which must abide by certain regulations regarding political activity.

While universities should protect the right to free expression, they must also be mindful of their status and the potential for their endorsement or support of a particular candidate or party to be inferred. For example, university employees and students must be careful not to use university resources, such as meeting rooms or email accounts, for political campaign activities, as this could be perceived as the institution's endorsement. Furthermore, federal law restricts universities from engaging in activities that may directly or indirectly benefit or negatively impact candidates for political office, and these restrictions extend to university employees acting in their official capacities.

Despite these necessary considerations, universities should ultimately strive to create an environment that encourages political engagement and participation in elections. This may include providing guidance on political campaign activities, such as the University of Wisconsin's FAQs, which clarify that students and employees may engage in political campaigns on their own time, and reminding students of their expressive rights, as the Foundation for Individual Rights in Education (FIRE) did ahead of the 2020 elections. By doing so, universities can ensure that their communities are actively engaged in the democratic process while also maintaining their institutional integrity.

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Employees and students can get involved in political campaigns, but must understand their responsibilities

Employees and students can get involved in political campaigns in a variety of ways, from volunteering to assuming legal or managerial responsibilities. However, it is crucial for them to understand their responsibilities and the applicable rules and regulations.

For instance, employees of the Justice Department must be cautious about what they post on social media. They must set and monitor their privacy settings to ensure that their political commentary is not linked to their DOJ title or position. While they can become a "friend" or "like" the Facebook page of a political party or candidate, they must not do so while on duty or in a federal facility, and they must not solicit, accept, or receive campaign contributions. Similar restrictions apply to Twitter, where they must also ensure that their list of followed accounts is hidden from their own followers. Displaying pictures of candidates in the federal workplace is prohibited by the Hatch Act. These restrictions also apply to other social media platforms such as LinkedIn.

Employees of the University of Wisconsin may become involved with a political campaign on their own time and with their own resources. However, they must not use state work time or resources, including electronic resources like email and websites, for political activities. They are also prohibited from soliciting contributions or services for a political purpose from other university employees during their official duties. Additionally, they must not use their university position to secure campus facilities for political campaign activities, as this is prohibited by state law.

Students at the University of Wisconsin are also encouraged to participate in the electoral process. They must be aware of their responsibilities as members of a student organization before engaging in political campaigns. This includes understanding the regulations surrounding lobbying and the use of personal information, as student mailing lists may be provided to external parties upon request.

Whether an employee or a student, getting involved in a political campaign can provide valuable experience and connections. It is important to be proactive, committed, and respectful of the rules and boundaries.

State law prohibits the use of state facilities for political fundraising

Political campaign-related activities are governed by a variety of laws and regulations, including the Federal Election Campaign Act of 1971, IRS rulings and guidance, and Federal Election Commission regulations. These laws apply to colleges and universities, which often serve as hubs for political activism and engagement, especially during election seasons.

State laws, such as those in Wisconsin, play a crucial role in regulating political activities on college campuses. One key provision in Wisconsin state law (Wis. Stat. § 11.1207) explicitly prohibits the use of state facilities for political fundraising. This means that state-owned buildings, including university campuses, cannot be used for fundraising events or activities by any individual, group, or political committee.

The law ensures that state resources are not directly involved in political fundraising, maintaining a separation between state-owned properties and political activities. However, it is important to note that this prohibition does not hinder free speech or prevent student organizations from engaging in political discourse. Student groups are encouraged to educate their peers about upcoming elections, express their views on parties and candidates, and even sponsor events for candidates, as long as they comply with university policies and do not use state facilities for fundraising purposes.

While state facilities cannot be used for political fundraising, they may still be utilized for non-partisan events focused on voter education and participation. According to the Universities of Wisconsin policy (Wis. Admin. Code UWS § 21), campuses can host activities such as candidate forums and voter registration drives, as long as all legally qualified candidates are invited and given equal opportunities to participate. These events must be solely for voter education, and a statement should be provided clarifying that the university does not endorse or oppose any candidates.

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