It's worth noting that the policy remains in draft form.  One might
imagine different provisions for spaces interior to residents' rooms,
and those exposed to the public such as the exteriors of doors.  I think
much would turn on precisely what the policy covers.  But, I would think
that there's no serious problem with pretty restrictive regulations of
things like the walls in common hallways (unless they are
conceptualized, somehow, as public fora -- which seems to me would be
pretty hard to do given the current Court's unwillingness to expand the
scope of the "traditional" public forum from streets and parks).  To the
extent that the walls of the common areas are used to post official
announcements and announcements of public events, again one would need
to know the precise contours of the policy to know whether such postings
had converted the areas into limited public fora.  In short, I find it
hard to react to the story without more detail about what policies are
actually in place.
begin:vcard
n:Tushnet;Mark
tel;fax:202-662-9497
tel;work:202-662-9106
x-mozilla-html:FALSE
org:Georgetown University Law Center
adr:;;600 New Jersey Ave. NW;Washington;DC;20001;
version:2.1
email;internet:[EMAIL PROTECTED]
end:vcard

Reply via email to