Legal Question in Constitutional Law in Missouri
Leafletting on College Campus
I would like to distribute leaflets on the St. Charles County Community College campus. While canvassing the parking lot with the leaflets we were stopped by the campus police and threatened with arrest because we did not have permission from the administration to distribute literature. When we talked with the administration they stated that we could ONLY distribute literature at a given time and at a given place.
Do I have the freedom to stand on the sidewalk (on the campus) or in the parking lot and distribute handbills if I am not interfering with anyone??
2 Answers from Attorneys
Re: Leafletting on College Campus
Check out www.thefire.org
This is an organization dedicated to free speech and similar issues on campus. There is a ton of info on this site. Good luck.
Re: Leafletting on College Campus
Please be advised that I am not admitted in MO and that you should consult with an attorney licensed in MO for specific legal advice.
In general, however, the right to distribute leaflets, etc., would be dependent on whether you are in a public forum. A community college campus may, or may not, be considered a public forum, depending on applicable case law. Further, parts of the physical premises may be a public forum; other parts may not be. Even if you are deemed to be in a public forum, the administration may be able to enforce reasonable restrictions as to time, place, and manner of distribution, assuming those restrictions are "content neutral."
A blanket prohibition on distribution of any materials in a public parking lot might be deemed questionable under a comprehensive First Amendment analysis. Presumably, the college administration might argue that allowing people to distribute leaflets in a parking lot was disruptive to the flow of traffic, created litter, might be dangerous, etc.
Your legal rights, obligations, and options are dependent on a thorough and specific factual and legal analysis of your particular circumstances.
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