Copyright Notice

The full text of the American Civil Liberties Union's letter to Princeton University concerning the university's policy on the use of its computer network.

See also, Free Speech 101: ACLU Gives Princeton University an "F" for Barring Political Speech on its Network (ACLU press release)

August 15, 1996
Mr. Harold Shapiro
President
1 Nassau Hall
Princeton UniversityPrinceton, NJ 08544
RE: Computer Use Policy
Dear President Shapiro:
In response to complaints we have received from members of the
Princeton University community, we write on behalf of the
American Civil Liberties Union (ACLU) and the American Civil
Liberties Union of New Jersey (ACLU-NJ) to urge you to reconsider
the policy prohibiting members of the university from using the
Princeton's computer network for "political purposes." We believe
that the policy is based on a misunderstanding of the law
regarding a University's tax-exempt status, and restricts free
speech and academic freedom rights guaranteed by Art. 1, par. 6
of the New Jersey Constitution.

	

	



Princeton University's decision to offer its faculty, staff and

students widespread access to the University's computer network

and the Internet greatly expanded the resources available for

academic research. It also provided a new and exciting forum for

the free communication of ideas. In contrast, Princeton's

decision to prohibit the use of the network for "political

purposes" unjustifiably interferes with the right of the University

community to exchange ideas freely, regardless of their content.

Princeton's current computer use policy holds that "the Computing

and network resources of the University may not be used by

members of the university community for commercial or political

purposes or for financial gain ... Trustees of Princeton

University, Rights, Rules, Responsibilities 11 (1993)

(hereinafter "Rights," attached as Appendix A). On July

19, 1996, the Office of the General Counsel sent an e-mail to

members of the University community warning them that any use of

the Internet or computer network for "any participation in, or

intervention in, (including the publishing or distributing of

statements), any political campaign on behalf of (or in

opposition to) any candidate for public office" would result in

disciplinary action. See Office of the General Counsel, "Internet

Use and Politics," E-mail of July 19, 1996, attached as Appendix

B.

We understand that the rationale behind the computer use policy

is a concern that the University will lose its tax-exempt status,

under Internal Revenue Code 501(c)(3), if it allows members of

the University community to use the computer network for

political purposes. We believe that this concern is misplaced,

based on the policies and rulings of the Internal Revenue

Service.

Internal Revenue Code 501(c)(3) provides that an educational

organization will be tax-exempt as long as it "does not

participate in, or intervene in (including the publishing or

distributing of statements), any political campaign on behalf of

(or in opposition to) any candidate for public office." The

Internal Revenue Service has clarified that in order to

constitute participation or intervention in a political

campaign, the political activity must be that of the University

itself and not the individual activity of its faculty, staff, or

students. See Internal Revenue Service, Exempt Organizations Technical

Institution Program for 1993, 426-27(1993), attached as Appendix

C. Thus, any personal communication by University members over

the computer network cannot threaten Princeton's tax-exempt

status.

The fact that Princeton provides the computing facilities over

which the communication takes place does not change this

conclusion. The Internal Revenue Service has stated that a

principal factor in determining whether the provision of

university facilities to a group engaged in political activities

will constitute participation in a political campaign by the

university under Internal Revenue Code Section 501(c)(3), is whether the

facilities are provided on an equal basis to groups using them

for non-political reasons, Id. at 427. Princeton provides fair

and equal access to the computer network, including e-mail and World

Wide Web access, to all University members, and allows use of the

network for a variety of non-political purposes. See Rights at

11. Thus, political speech over the network will not jeopardize

Princeton's tax-exempt status.

Even use of the computer network for political purposes in

connection with particular course would not jeopardize

Princeton's 501(c)(3) status. The Internal Revenue Service has

previously held that a university that required its students in a

certain political science course to participate in a political

campaign of the student's choice for 60 to 80 hours during the

semester was not participating in political campaigns within the

meaning of Internal Revenue Code Section 501(c)(3). See Revenue

Ruling 75-512, 1972-2 C.B. 246, attached as Appendix D.

In addition, student organizations are able to publish political

views on the computer network without threatening Princeton's

tax-exempt status. The Internal Revenue Service has held that a

university was not participating in a political campaign within

the meaning of Internal Revenue Code Section 501(c)(3), when statements

made in support of political candidates appeared on the editorial

page of a student newspaper. This was true despite the

university's provision of financial support and facilities to the

newspaper, as long as the views expressed in the newspaper were

clearly those of the students and not of the university itself.

See Revenue Ruling 75-513, 1972-2 C.B. 246, attached as Appendix

E.

Accordingly, Princeton University does not risk its tax-exempt

status by allowing University members to use its computer network

for political purposes. We recognize that Princeton has a

legitimate interest in ensuring that the individual views of its

members not be mistaken for official positions of the University.

At most, the only permissible regulation that Princeton might

desire is one requiring a member of the University community, who

uses Princeton's name in a way that could lead a reasonable

person to interpret the author's statement as an official

position of the University, to include a disclaimer clarifying

that the opinions expressed over the computer network are those

of the author alone. Compare Rights, "Guidelines Relating to the

Tax-Exempt Status of the University and Political Activities," at

Section 3.

Because there exists no legitimate reason for Princeton's blanket

prohibition of political speech over the computer network, it is

an unjustified, content-based restriction on the free expression

rights of students, faculty and staff. Therefore, the policy is

not only unworthy of a great University like Princeton, it is in

violation of Art. 1, par. 6 of the New Jersey Constitution.

Although Princeton University is not a state university, the New

Jersey Supreme Court has held the Princeton University campus to

have been sufficiently devoted to expressive uses so as to

require the University to honor the State constitutional

guarantee of free expression. See State v. Schmid, 84 N.J. 535,

564-65 (1980); see also New Jersey Coalition Against the War in

the Middle East v. J.M.B. Realty Corp, 138 N.J. 326 (1994)

(holding that regional shopping malls were sufficiently open to

expressive use so as to extend state constitutional right to

leaflet). Princeton's computer facilities are as much a part of

the Princeton "campus" as are the lawns and buildings. Princeton

may not constitutionally restrict its students, faculty, and

staff from engaging in political speech over the Internet any

more than it could prohibit them from engaging in such speech in

the dorm rooms, classrooms, halls, lawns, and offices of the

campus.

Political expression has always received the highest degree of

constitutional protection. See Buckley v. Valeo, 424 U.S. 1, 14

(1976). The Constitution was written with the intention to

protect from censorship those who wish to express their political

beliefs and their support for political candidates. Indeed,

"where political speech is involved, our tradition insists that

government allow the widest room for discussion, the narrowest

range for restriction." State v. Miller 83 N.J. 402, 412 (1980).

As a school with a well-deserved reputation as a leader in American

higher education, Princeton should be the first to promote and

defend academic freedom and freedom of expression within its

community, to the very limits of the law.

The computer use policy, read literally, also infringes upon the

free speech rights of Princeton faculty, staff, and students to

receive information, Lamont v. Postmaster General, 381 U.S. 301,

307 (1965) (right to receive information precludes government from

labeling certain publications "propaganda") (Brennan, J.,

concurring); Griswold v. Connecticut, 381 U.S. 479-82-83 (1965)

("right of freedom of speech ... includes not only the right to

utter or print, but the right to ... receive, the right to read

... and freedom of inquiry, freedom of thought, and freedom to teach

.... Without these peripheral rights the specific rights would be

less secure."); Krelmer v. Bur. of Police for Town of Morristown,

958 F.2d 1242, 1350-55 (3d Cir. 1992) (listing cases). This is

because the University's computer facilities, although located on

the Princeton campus, are a gateway to a virtual, worldwide

community. See ACLU v. Reno, 1996 U.S. Dist. LEXIS 7919 (E.D.

Pa., June 11, 1996). They provide a unique means for students,

faculty, and staff to access information on virtually any topic,

including politics.

Finally, the computer use policy is in conflict with other

University policies and practices, Princeton recognizes that

Rights,Introduction to "Principles of General Conduct and

Regulations."

the central purposes of a University are the pursuit of truth,

the discovery of new knowledge through scholarship and

research, the teaching and general development of students, and

the transmission of knowledge and learning to society at large.

Free inquiry and free expression within the academic community

are indispensable to the achievement of these goals. The

freedom to teach and to learn depends upon the creation of

appropriate conditions and opportunities on the campus as a

whole as well as in classrooms and lecture halls.

With respect to political speech, the University

also recognizes that it has a fundamental responsibility to

ensure the opportunity for all members of the University community

Rights, Introduction to "Guidelines Relating to Tax Exempt

Status."

to exercise their prerogatives as citizens. ... Encouragement

of an interest in public affairs and the furthering of a

sense of social responsibility have long been considered

important elements of a liberal education. The University

continues to consider self-chosen participation in political and

social action by individuals and groups to be a valuable part of

the educational experience it seeks to encourage. Such

activities on the part of individuals or groups do not, and

should not be taken to, imply commitment of the University to any

partisan political position or point of view.

For all of the above reasons, we strongly urge you to repeal the

existing ban on use of the computer network for political

purposes, and we look forward to your early reply.

 

Sincerely,

Ann Beeson, Staff Attorney

American Civil Liberties Union

National Legal Department

132 West 43rd Street

New York, New York 10036

(212) 944-9800 x788

David Rocah, Staff Attorney

American Civil Liberties Union of New Jersey

2 Washington Place

Newark, NJ 07102

(201) 642-2086