The American Civil Liberties Union (ACLU) of Pennsylvania and the Foundation for Individual Rights and Expression (FIRE) sent a letter to Penn State President Neeli Bendapudi on Tuesday saying they would explore legal action against the university in the wake of what they saw as censorship against the student body.
The letter, signed by ACLU Legal Director Witold Walczak and FIRE Program Officer Jessie Appleby, detailed the organizations’ beliefs that Penn State censored the Daily Collegian by removing its newsstands around campus and censored students with “reports of restrictions on students’ election-related activities.”
“Given the urgent nature of this matter, we request a substantive response to this letter no later than Friday, Oct. 25, confirming Penn State will ensure no students are prevented from engaging in core political speech about the 2024 election,” the letter, dated Oct. 22, read. “We are committed to exploring all available legal options should Penn State continue to unconstitutionally restrict students from engaging in First Amendment protected election activities.”
FIRE previously reached out to the university on Sept. 27 regarding the university’s removal of the Collegian’s newsstands, referring to the action as “censorship.”
“I was very alarmed when I first noticed that our newsstands were missing. More alarming to me wasn’t necessarily the removal of the stands, but also the papers themselves,” the Daily Collegian’s Editor-in-Chief Amy Schafer said about the university’s removal of newsstands in September. “It’s censoring our outlet, and it’s a violation against free speech to remove our papers.”
“The display of the paper version of the Daily Collegian is permitted, as the University understands the importance of a free news and information source specifically for its students,” Penn State spokesperson Lisa Powers wrote to Onward State in September. “However, the Collegian’s use of advertising space within university buildings is in violation of AD27 Commercial Sales Activities at University Locations and AD02 Non-University Groups Using University Facilities.”
Policy AD02 reads, “If any fundraising activity takes place, a detailed plan for the designation of funds must be specifically approved by the appropriate budget executive at the respective University location. No funds can be distributed to any organization or individual other than a tax-exempt organization.”
Policy AD27 reads, “The use of University facilities and/or property for commercial sales activities by individuals or non-University organizations is prohibited. 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.”
Onward State reached out to the FIRE and the ACLU for further details on the alleged “restrictions on students’ election-related activities.”
“Multiple students and student organizations have reported that administrators have barred them from registering voters or canvassing, telling them explicitly that those activities are prohibited on campus,” Appleby told Onward State. “But we are not yet able to publicly share specific details about the affected students and groups. Some of the student organizations are afraid of potential retaliation even further restricting their ability to do voter engagement in the last few days remaining before election day.”
Penn State did not respond to Onward State’s request for comment.
