INTERIM POLICY
EFFECTIVE 07/20/04
UNIVERSITY OF KENTUCKY POLICY
ON
DISTRIBUTION OF PUBLICATIONS
PURPOSE
In accordance with the principles of
Administrative Regulation, AR II-8.3-4, “Regulations Governing Time, Place, and
Manner of Meetings, Demonstrations, and Other Assemblies,” the
University recognizes and confirms the right of all members
of the University community to free expression, assembly
and advocacy. Further the University recognizes the desire
of members of the University community to be informed on
topics of interest by the published media in the form of
newspapers and magazines, whether “for free” or “for
a charge.”
This regulation is established to facilitate the safe and
effective use and enjoyment of University space and facilities
for the exercise of such rights and desires in order to minimize
conflict between the form of their exercise and the rights
of others in the effective use of University space and facilities.
For free and for a charge publications are recognized as
commercial speech on the campus and will be subject to this
regulation which differs from regulations that deal with
the freedom of speech of the members of the University community.
By this regulation, certain reasonable restrictions will
be placed on the time, place, and manner of distribution
of commercial speech publications.
As a public university, the University’s
space and facilities are for specific public purposes,
including but not limited to teaching, research, and service.
Due to those activities, the space and facilities of the
University are not freely open to the public for any and
all purposes. Some facilities may be more open to the public
and public purposes than others. For example, classrooms
are substantially less open to the public than a museum
or some athletic facilities.
GUIDELINES
The first principle for regulating the
distribution of publications is the “rule of reason.” The rule of reason is
defined as “subject to the judgment that the manner
of use of the area or facility is what could be expected
of a reasonably prudent person.” The responsibility
for determinations and decisions in case of use of space
and facilities for distribution of publications rests with
the Associate Vice President of External Affairs. Unless
there is a controversy or disagreement, the daily decisions
on use of space and facilities for distribution of publications
within University facilities is delegated to the University
official responsible for or manager of the particular facility.
Specific requirements on distribution of publications are
as follows:
- The publication shall be distributed in an appropriate
container, approved by the appropriate University official.
The method of distribution will generally be some type
of rack/box, furnished by the vendor. The rack/box shall
contain the publication and shall prevent excessive litter.
- The method of distribution (rack/box) shall be consistent
with the orderly flow of traffic and persons. Racks/boxes
shall not be placed in stairwells, may not block entrances/exits,
and may be limited in number due to limited space.
- The method of distribution shall be consistent with and
not interfere with the daily and orderly conducting of
University affairs.
- Distribution by means of hawking or shouting is prohibited.
PROCEDURES
The procedure for approval for distribution of publications
is as follows:
- One requesting to distribute a publication shall contact
the official in charge of a building or the manager of
the building and make such a request in writing (Email
is an acceptable written format.) The request shall state
the name of the publication, the type of publication, the
periodic nature of the publication (daily, weekly, monthly,
etc.) and the desired location of a rack.
- A recent copy of the publication shall accompany the
request.
- The request shall contain an affirmative statement that
a designated person will be responsible for maintenance
of the distribution, which will include but not be limited
to pick up of old publications and timely placement of
new publications.
- The deans of colleges that occupy specific buildings
or the official in charge of the building makes a decision
on distribution of publications inside their facilities
and the immediate areas outside of those facilities and
notifies the requestor of that decision. The Associate
Vice President for External Affairs shall make the decision
regarding requests for distribution boxes in common space
or general use areas outside of any facilities.
- This policy applies to all University of Kentucky buildings.
- Generally, these decision makers shall make a judgment
based on the following criteria:
- After a review of the publication, whether the publication
is one in which the members of the University community
would have an interest. (This is NOT a review of content
or message, but simply a review whether the material
has any relevancy to the University community, e.g.,
the UK community is probably not interested in apartments
for rent in southern California, but will be interested
in the arts activities in the Lexington area.)
- The manner by which the publication would be distributed
and whether such distribution shall comply with all four
restrictions noted above.
- If the space for distribution is limited, the decision
maker shall review the interest of the University community
in the publication. A publication that regularly distributes
100 copies may be given preference for space over a publication
that regularly distributes ten copies.
- The publication shall not violate University policies
or laws. For example, a request for distribution of a
publication which infringes on University copyrighted
material would be denied.
- The decision maker shall respond in writing to the requestor.
- If a controversy or disagreement results from the request,
an appeal may be made to the Associate Vice President of
External Affairs who shall be the final decision maker.
FREE SPEECH AREA
Although the University’s needs
for safe and effective use of space will not allow every
publication to be distributed in every location, the University
has made ample space available adjacent to its Student
Center free speech plaza where one distribution rack/box
per publication may be located, subject to compliance with
the other provisions of this policy.
ENFORCEMENT
Enforcement of this policy shall be the responsibility of
the Associate Vice President for External Affairs.
- Distribution by persons without permission will result
in removal of racks/boxes by Physical Plant Division or
Housekeeping/Custodial staff and the appropriate disposal
of the publications.
- Out of date publications may be removed and disposed
of by Physical Plant Division or Housekeeping/Custodial
staff.
- Periodicals that do not follow the
University’s
guidelines and procedures may be barred from campus distribution
for a period of up to one year after which time they may
reapply for distribution privileges on campus.
NOTE: A list of major campus buildings and the title of
the official responsible for the distribution of publications
in the building is available from the Office of the Associate
Vice President for External Affairs.
