2.85.12 Distribution and Sale of Literature  
  Wayne State University fully protects the constitutional rights of freedom of speech and assembly. The right to distribute literature on the campus is included within this protected freedom, so long as it does not improperly interfere with University functions. Wayne State University also recognizes the special responsibility, over and above constitutional requirements, that universities have to protect and foster these freedoms. University buildings, however, are dedicated to particular University purposes, are not public forums, and are not generally available for literature distribution.  
  In order to effectuate the protection of constitutional rights, and the fostering of freedoms, while protecting University functions and reserving the buildings of the University for University purposes, the President is authorized and directed to promulgate regulations pursuant to which:  
  • Any person may distribute and/or sell literature outdoors on the campus, by hand, in any area that is more than fifteen feet from an entrance to any building;  
  • Any person shall be eligible to apply for, and shall have an equal opportunity to obtain and retain, a permit for the placement of coin boxes for the sale of literature outdoors on the campus;  
  • The President or his/her designee may designate, in any classroom building where suitable space is available (i.e., where distribution would have minimal impact upon the University purposes to which the building is dedicated), an area or areas within which any person may distribute, by hand, free (not for sale) literature. As to those classroom buildings whose principal use is for the functions performed by a college or one of its sub-units, the President or his/her designee shall consult with the appropriate dean before designating space. (A "classroom building" is defined as a building used primarily for teaching purposes.);  
  • When indoor University space of an enclosed nature, out of all traffic patterns, has been rented or donated by the University for a particular event or activity, the occupants of the space may distribute and/or sell literature within the space and may, for the duration of their occupancy of the space, leave literature within the space, unattended, for pick-up;  
  • Any University organization chartered under University regulations, or any recognized student organization, may deliver literature to campus offices; and  
  • Any University organization that is recognized by statute, or chartered under other University regulations, or any recognized student organization, shall be eligible to apply for, and shall have an equal opportunity to obtain and retain, a permit for a fixed term for the placement within University buildings of distribution boxes for leaving unattended literature that is free (not for sale) for pick-up by passers-by.  
  The regulations shall specify reasonable rules as to time, place, and manner, the purposes of which shall be to prevent (1) undue interference with University functions or purposes, (2) undue congestion, and (3) undue litter; and (as to coin boxes and distribution boxes) to preserve the appearance of the campus.  
  This statute does not apply to the distribution of literature by means of campus mail or campus mailboxes, to the distribution of literature as a part of a University class, or to the distribution of documents that are part of University-sponsored teaching, research, or service activities.  
  The President shall promptly report to the Board all regulations promulgated pursuant to this statute.  
  Any sale or distribution that does not comply with this statute and with the regulations promulgated pursuant to this statute shall constitute a trespass.

Legislative History

Adopted 7-0; Official Proceedings 36:4784 (14 February 1992)

Cross References

2.85.10, 2.85.11