Senate Bill No. 0304-24
UNIVERSITY AT ALBANY
STATE UNIVERSITY OF NEW YORK
Introduced by the Council on Academic Freedom and Ethics
Date: April 23, 2004
CAMPUS DISTRIBUTION POLICY FOR NEWSPAPERS AND
OTHER NEWS PERIODICALS
IT IS HEREBY PROPOSED THAT THE FOLLOWING BE ADOPTED:
I.
Ill.
That the areas or locations for the placement of news racks, either coin-operated or
self-service, for the display, distribution and or/sale of newspapers and other news
periodicals, be described by a List of Locations for Newspapers and Other News
Periodicals (Appendix A). This list (which may be amended at any time to reflect the
changing University campus) will describe all such designated locations and will be
available from the Office of the Provost and Vice President for Academic Affairs and
the Office of the Vice President for Student Affairs.
Areas that are designated as approved locations for the placement of news racks
shall be chosen based on identified criteria (e.g. traffic patterns, space, health and
safety, aesthetics, etc.), and evidence that the chosen sites satisfy these criteria
shall be maintained by the University administrative office charged with the
authority to implement the provisions of this policy (the Office of the Provost for
academic buildings, libraries and similar facilities, and the Vice President for
Student Affairs for residence halls, the Campus Center, athletic facilities and
common areas of the campus).
Prior to placement of any news racks or distribution of any newspapers or other
news periodicals, the publication owner or designee shall register with an
administrative office to be designated by the University President, and provide the
name of the publication, a contact name, address and telephone number. Only one
newspaper rack per publication is permitted at each of the designated sites.
Newspaper editors may choose to distribute their newspapers at some or all of the
designated distribution points.
Each designated distribution point should have a recycling bin and a trash
receptacle in close proximity to the newspaper racks.
The size of newspaper racks offering free newspapers be limited to no more than 46
inches in height, 20 inches in width and 20 inches in depth. The dimensions of
coin-operated newspaper vending machines should be limited to the following
VI.
VII.
VIII.
maxima: 49” in height, 20” in width, and 16.5” in depth. These size limits do not
apply to newspaper racks which hold multiple publications.
Subject to prior approval by the University administrative office charged with the
authority to implement the provisions of this policy, individual University facility
managers may elect to provide newspaper distribution racks purchased by them
and capable of holding multiple publications. These racks would enable
consideration of local aesthetics and standardization. Specific distribution
locations within multiple newspaper racks will be assigned in a fair and content
neutral manner by the facility managers and only one shelf will be assigned per
publication.
Newspaper racks placed at bus stops must be impervious to precipitation.
No news rack shall have need for electronic support, nor will it have electronic
signage or be used for advertising or promotional purposes, other than announcing
the name and/or address, including web site address, of the publication being
offered for distribution. The display of a copy of the publication being dispensed
shall not be deemed advertising.
Coin-operated newspaper vending machines shall be maintained and appropriately
serviced by the newspaper or its designee. A contact name and telephone number
for refunds and customer complaints must be affixed to the machine. If any of the
coin-operated machines is not serviced at least once monthly, the facility manager
may choose to notify the publication contact person, informing them in writing, that
failure to remove the newspaper rack from the University campus within 30 days
will cause the University to remove the newspaper rack and either discard it or
return it to the owner at the owner’s expense.
That the bill be forwarded to the President for approval and implementation
RATIONALE
The general policies and information section of the University Senate handbook states:
“University officials or other members of the University community in a position to
review publications, speakers, performance or any other form of expression may
establish legitimate time, place and manner regulations for the maintenance of an
orderly educational environment: however, they may not prohibit expression for
any reason related to the content of the expression, except as permitted in those
narrow areas of expression devoid of federal and state constitutional protection.”
Free inquiry and free expression are indispensable to the objectives of a higher
educational institution. Accordingly, “the University affirms its commitments to the
freedom of expression as the foundation of an institution dedicated to vigorous inquiry,
robust debate, and the continuous search for a proper balance between freedom and
order.’
In order to preserve an orderly educational environment, the University has the authority
to determine “time, place and manner” with regard to the distribution of daily and /or
periodic newspapers. For academic buildings, libraries and facilities such as CESTM and
the East Campus, this authority rests with the Office of the Provost and Vice President for
Academic Affairs. For the residence halls, athletic facilities, Campus Center and the public
areas of the campus, the authority rests with the Office of the Vice President for Student
Affairs.
It has been a long-standing University practice to allow University affiliated student group
publications and other commercial publications to be distributed only in specific campus
locations. These included the main lobby and ground floor entrances of the Campus
Center, the front entrance lobby of the University Library and the residential quad flag
room areas. These locations are high traffic areas and provide the University Community
with ample and reasonable access to these publications.
The Committee on Academic Freedom, Freedom of Expression and Community
Responsibility met with representatives of student newspapers who expressed concerns
with the following issues: that a policy be uniformly applied to all students newspapers
and news periodicals; that they have limited funds for the purchase of new racks, if the
policy were to require this; that they retain flexibility in choosing the distribution sites for
their publications; that advertising inserts are important for financing student newspapers;
unique newsstands represent the identity of a publication to the public. The Committee
also met with building administrators who expressed their concerns with the following:
litter, aesthetics, safety and access to buildings, vandalism to racks and publications, and
ability to accommodate all publications at each site. Lastly, the Committee was advised by
faculty and staff with expertise in Constitutional rights of freedom of expression. This
policy represents an effort to address all concerns. Appendix A shows the current list of
distribution sites.
APPENDIX A
CURRENT LIST OF LOCATIONS FOR NEWSPAPERS, PAMHLETS AND
Alumni House
Bus Stops
Campus Center
Downtown Campus
Health Center
OTHER LITERATURE
Front desk, inside the main doors
In Collins Circle and by the Science Library
Main lobby, west of podium entrance
Main lounge, area along the railing, to the left of the stairs to
the cafeteria
Food Court area along window wall separating Cafeteria from
Food Court dining areas
(this is the N/E corner of the Food Court dining area)
Bookstore Atrium along window wall separating Cafeteria from
atrium (S/E corner of Bookstore atrium)
Between Ritazza & Au Bon Pain
Basement of Husted Building adjacent to the Café
Patient waiting area
Lecture Center AreaNext to the Dean's Conference Room
Power Plant
RACC
Residence Halls
and by the LC 10 corridor
Service Building A by the smokestack
Foyer area of RACC
Current locations in Flag Rooms of every quad with the
following exceptions: Waterbury Hall in Alumni Quad and
common areas of Freedom and Empire Commons
School of Public Health George Education Center lobby
(East Campus)
Science Library
Tunnels
UAB
University Library
Podium level entrance foyer on the west side
Customer Service Office, in the tunnel near the Podium
Loading Dock
The vestibule at the west entrance to 1215 Western
In front entrance foyer, immediately to the north of the main
entrance to the library and abutting the windows
