Chalking Ban

To: Wesleyan Community
From: Doug Bennet
Subject: Chalking
Date: May 12, 2003

After extensive consultation and consideration, I have reached a decision on the chalking issue. I want to thank the representatives of the WSA and the Student Life Committee for their hard work on this issue, as well as the faculty and the Educational Policy Committee, staff, trustees, and members of the extended community who have provided views and recommendations.

It seems clear that we must satisfy two complementary principles: to protect free expression and at the same time to enhance Wesleyan's civility. Both are essential to the academic process and to true dialogue. Freedom of expression is a fundamental value on campus. Civility helps enable all voices to be heard.

Returning to the status quo, with threatening, often sexually-explicit chalking on the sidewalks, does not meet the civility test. An early report from the student representatives recommended that chalking be permitted but that individuals named in the chalkings, if they discovered the chalkings, could ask the Affirmative Action Office to have their names erased. Civility seems to require a campus that is safe for people while it is open to ideas, and I indicated early in the process that I was unlikely to embrace this proposal.

There have been some suggestions to limit chalking to defined areas or additional chalkboards. This approach seems to skirt the fundamental issues and generated little interest.

Virtually every discussion of chalking leads to the question of whether it is acceptable to permit chalking and limit the content of what is written. This would constitute a speech code. Student representatives have from the beginning cautioned against speech codes, and there is wide agreement that Wesleyan should avoid speech codes of any kind.

The Wesleyan student handbook now regulates "posters, banners, announcements, and other forms of communication" without limiting their content. The relevant section of the student handbook states: "The purpose of a University-wide policy on banners, announcements of events, and other forms of communication is to protect freedom of expression (italics added) while encouraging respect for University property and the appearance of the campus." These provisions provide freedom of expression because they do not control content and encourage the use of other media.

The same section of the handbook prohibits the defacement of University property in any form, including graffiti and chalking, except for chalking on sidewalks. I will extend this prohibition to chalking on sidewalks, knowing that sufficient other channels for free expression are available. This rule takes effect immediately and will be reflected in next fall's student handbook. I believe it is the outcome that best satisfies the principles of free expression and civility.

I know this decision will come as a relief to some and a disappointment to others. I hope it gives all of us an impetus to communicate in more effective and interactive ways about the important issues before the campus and the broader society.