SU reminds faculty of partisan speech, property use policies in staff email
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Syracuse University’s Vice Chancellor and Provost Lois Agnew reminded faculty and staff of laws and university policies restricting partisan political activity and communication in a Sept. 2 email obtained by The Daily Orange.
As a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, SU is subject to certain laws and policies. The email outlines three key areas of regulations applied to faculty and staff at the university: Partisan Political Activity, Use of University Property or Resources by SU Employees and Lobbying.
Partisan political activity
SU’s tax-exempt status prohibits the university from “participating or intervening in partisan political activities,” according to the email. Participation includes, but is not limited to, financial contributions to a candidate or official or distributing oral statements in favor of or against a particular official or candidate, according to the email.
Staff can participate in partisan political activity as long as they specify they are acting as private citizens and not on behalf of SU.
Violation of this prohibition may result in monetary fines and exposes the university to possible revocation of its tax-exempt status.
Use of university property or resources by SU employees
SU employees are prohibited from using university resources, property or funds for personal political activity. University resources include event spaces, letterhead, email and information technology, including computers and websites, according to the email.
Colleges, as well as academic and administrative departments within the university, are also prohibited from using university property or resources for political events. Recognized
student organizations are permitted to host certain political activities within the limitations set in the Partisan Political Activity Policy.
Lobbying
SU’s ongoing engagement with public officials and agencies requires it to register as a lobbying organization with both New York state and the federal government. Since SU is a registered lobbying organization, all faculty and staff engaged, or seeking to engage in, lobbying activities on behalf of the university are required to be reported before and after contact with public officials or their staff to the Office of Government and Community Relations.
GCR determines which communications or interactions are considered reportable lobbying interactions, according to the email.
No public or government funds can be used by faculty or staff for lobbying activity, including travel expenses and expenses “related to preparing for meetings or other communications with public officials,” the email states.
SU’s status as a private university allows it to impose stricter speech regulations. Lloyd Mayer, an associate professor of law at the University of Notre Dame, said in a statement to The D.O. that SU and other private institutions are not subject to the First Amendment’s limitations on restricting speech.
Public institutions, however, have stronger First Amendment protections.
On Tuesday, a federal judge ruled that the U.S. Military Academy at West Point is not allowed to restrict staff speech policy. This comes after law professor Tim Bakken sued the institution.
U.S. District Judge Cathy Seibel ruled that the public academy’s policy restricting what staff can say in public violated the First Amendment. West Point’s rule sought to bar professors from publishing papers, speaking at conferences or even appearing on podcasts without seeking approval from higher-ups, The Washington Post reported.
“Nonprofit universities and colleges are generally free to restrict employee speech, except to the extent that accreditation bodies or the institution’s own policies prohibit them from doing so,” Mayer said in a statement to The D.O.
While accreditation bodies do not require academic freedom protections, SU’s accreditor, Middle States Commission on Higher Education, requires “a commitment to academic freedom, intellectual freedom, freedom of expression, and respect for intellectual property rights” as part of its ethics and integrity criteria for accreditation, according to its website.
