A federal judge has ruled that the University of Maryland's policy restricting public speaking and leafleting by non-sponsored outsiders to two locations on campus is constitutional."This decision confirms that the University's public speaking and leafleting policies, which attempt to preserve the campus primarily for the University community, are consistent with theFirst Amendment," said university attorney Diane Krejsa.
Judge Roger W. Titus of the United States District Court for Maryland's Southern Division rejected a claim by the American Civil Liberties Union that the University campus is a public forum like a public street, sidewalk or park and held that outsiders are not free to roam the campus at will, handing out leaflets to students.
Titus denied the ACLU's motion for summary judgment in the suit, which was filed last year, while granting the university's motion and ordering the case closed.
Titus accepted the university's argument that the purpose of the campus is to provide a venue for the students, faculty and staff to obtain an education, and not to provide an open meeting place for the expression of public points of view not sponsored or requested by members of the University community, said Krejsa.
The judge held that the University's "meager" restrictions do not discriminate on the basis of "viewpoint" and are reasonable time, place and manner restrictions, Krejsa said. Outsiders are not denied all access; they are merely required to reserve a spot five days in advance in two of the most highly trafficked areas of the campus -- Nyumburu Amphitheatre or designated space in front of Stamp Student Union. If an outsider is sponsored, access is much broader. The University modified its policies in 2001 to set aside two outdoor locations for leafleting and public speaking use by non-sponsored outsiders, Krejsa said.