Partisan Expression & Political Activity Policy

Muhlenberg College Policy on Partisan Expression and Political Activity

Overview: Muhlenberg College is a non-profit institution of higher education that is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. Section 501(c)(3) prohibits the College from “participating in, or intervening in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.” As part of its mission to educate civically engaged students for lives of leadership and service, the College stringently applies this standard to institutional operations while valuing and encouraging free expression, civic engagement and political participation among members of its community exercising their constitutionally guaranteed rights as private citizens.

Summary of Permitted and Restricted Activities

Permitted Activities

Student organization-sponsored campaign/candidate activities
Institution-sponsored public forums providing equal access and opportunity to speak in a balanced, neutral format
Debates and other campaign or political activities sponsored by recognized student organizations
Reservation of College-owned or occupied space by student organizations hosting candidate/campaign appearances (excluding fundraising activities)
Off-campus political activity and expression by Muhlenberg faculty and staff acting in their capacity as private citizens
On-campus political discussion and analysis as part of normal academic discourse
Partisan views expressed by faculty and staff strictly as personal opinions
Political expression by Muhlenberg College students, in compliance with applicable policies governing dissent, assembly, etc.
Partisan signs posted in approved areas by students and student organizations in compliance with the College’s posting policy
Visible partisan materials in private faculty and staff offices when not disruptive to effective working environments or interactions with students or colleagues
Paid access to air-time, print and/or College-owned/operated electronic spaces, provided on an equal basis to all candidates* in accordance with FCC and other regulations

Restricted Activities

College-owned and managed facilities, publications, platforms or other property may not be used under any circumstances for the purposes of political fundraising.
On-campus campaign/candidate appearances sponsored by Muhlenberg College faculty, staff, departments, or individual students
Use of College resources by faculty and staff in support of political campaigns, candidates, parties, or fundraising
Facilities rental by candidates for public office, their campaigns, or their representatives
Faculty and staff stating or implying Muhlenberg College’s support for or endorsement of political candidates or campaigns
Preferential rates or access for campaign/candidate advertising and promotions in Muhlenberg College publications or on its platforms
Partisan materials in community spaces, including classrooms, meeting rooms, and offices that students, parents, or the general public may be required to visit on a regular basis (e.g. Admissions, the Registrar's Office, etc.)
Partisan signage visible from the outside of a College building (e.g. signage in windows) or on the exterior of office doors
Photography, video and audio recording, streaming or other visual and audio reproduction or depiction of College-owned property for use by or for candidates for public office or their representatives

*Candidates are defined as individuals who offer themselves, or are proposed by others, as contestants for an elective public office, whether such office be national, state, or local.

For detailed guidance or if you have questions, contact the Vice President for Communications and Marketing.

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Related Policies

Student Right to Dissent and Demonstration Policy

Electronic Communications and IT Policy

IT Data and Security Privacy Policy

Muhlenberg College Website Policy

Posting of Signs and Notices Policy

Policy on Partisan Expression and Political Activity

Activities of Faculty and Staff Outside the Classroom

Muhlenberg College faculty and staff are free to engage with the political process, both on campus, by providing educational experiences, and off campus, by exercising their rights to be politically active citizens. To safeguard the College’s tax-exempt status, on-campus activities of faculty and staff should be directed toward the fair and equitable presentation of multiple political perspectives for the purpose of educating students and community members. Off-campus partisan activities of faculty and staff do not jeopardize the College’s tax-exempt status, as long as those activities are not presented as expressing the position of Muhlenberg College. Violations of this part of the policy should be reported to the Vice President for Human Resources.

College-Sponsored Political Activity

Non-partisan voter education. Faculty and staff may engage in a variety of on-campus non-partisan voter education and registration programs consistent with the College’s educational mission. Examples:
- Conducting civic training programs designed to increase public understanding of the electoral process or to encourage citizens to become involved in the process, provided that such training is non-partisan in the recruitment of instructors, the selection of students, and the curriculum.
- Preparing and distributing annual compilations of voting records on major legislative issues that involve a wide range of topics, without political skew and without editorial opinion, provided that the information is not widely distributed and is not geared to coincide with the election period.
- Circulating unbiased questionnaires to all candidates for an office and tabulating and disseminating the results, provided that the questionnaires cover a broad range of subjects and neither reflect political skew nor contain editorial opinion.
- Conducting public opinion polls with respect to issues and candidates provided that the questions are framed to be fair and neutral and that accepted polling techniques are used.
- Organizing and participating in non-partisan voter registration activities, even when aimed at groups (such as urban voters, young people or minorities) likely to favor a certain political candidate or party, provided that:
  - The activities are not intended to target voters of a particular party or to help particular candidates; and
  - Particular geographic areas are not selected to favor any party or candidates.
- Providing access to voter resources. Faculty and staff may provide hyperlinks to the web pages, or other digital spaces of all candidates for a public office on appropriate pages of the College’s website, as part of neutral, nonpartisan voter-education efforts.
- On-campus candidate appearances. Departments and programs may organize and promote on-campus candidate appearances that fairly include all qualified candidates. Examples:
  - Providing all candidates for a public office equal access to air time on the College-owned radio station, in a manner consistent with the limits imposed by Federal Communications Commission (FCC) standards.
  - Providing all candidates for a public office opportunities, on an equal basis, to speak at College events.
  - Conducting institution-sponsored public forums in a balanced, neutral format, to which all candidates for a public office are invited and given equal access and opportunity to speak.
- Lobbying. Lobbying activities on behalf of the College must be approved by the College president and conducted in collaboration with the Executive Director of External Relations.

Partisan Expression

Students and recognized student organizations may post partisan signs in student residence hall rooms and student organization offices. Signs placed in windows must face inward.
Recognized student organizations may post partisan signs in designated areas in compliance with the College’s posting of signs and notices policy.
Partisan materials may be visible in private faculty and staff offices as long as they are not disruptive to effective working environments or interactions with students or colleagues.
Classrooms, meeting rooms, and offices that students, visitors, or the general public may be required to visit on a regular basis (e.g. Admissions, the Registrar's Office, etc.) should be considered community spaces and are not appropriate locations for partisan messages. Partisan signage may not be visible from the outside of the building (e.g. no signage in windows) or on the exterior of office doors.
Partisan materials may not be posted in windows or other campus office space in any way that might reasonably be construed as an institutional endorsement.
Partisan signs may not be placed in public campus areas, except for signs posted in approved locations by recognized student organizations.
Faculty and staff may not engage in partisan activity using College-owned or licensed channels, platforms, email addresses or other assets.
Access by candidates to air time on WMUH is permitted, at the discretion of the station manager, provided such access is available to all qualified candidates for a public office on an equal basis and is consistent with the limits imposed by the Federal Communications Commission (FCC) standards.

Individual Faculty and Staff Off-Campus Political Activities

Participation in the democratic process. Members of the College community are entitled to participate, or not, off-hours, as they see fit, in the election process, provided that they make clear that they are speaking or acting only for themselves and not for the College. If their affiliation with the College is publicized, they must be especially careful to state that the opinions expressed are personal and do not represent the views of Muhlenberg College.
College-owned assets. Faculty and staff may not engage in partisan activity using College-owned or licensed channels, platforms, email addresses or other assets.
Guidance for College leadership. The prohibition against political campaign intervention is not intended to restrict free expression on political matters by the leaders of 501(c)(3) organizations (such as the president and deans) who are free to speak for themselves, as individuals. However, to protect their organization’s exempt status, such leaders should not make partisan political comments in official organization publications, at official functions, or using any official college platforms. Leaders should always exercise great caution when expressing personal opinions on political matters by clearly indicating that his or her comments are personal and not intended to represent the views of the institution. Given the ambiguity of the law in this area, institutional officials are advised to be especially prudent when making such public statements.

Activities of Faculty and Staff in the Classroom

Because classroom instructors have the authority and power to influence and evaluate students, there are critical obligations to consider. The subordinate position of students may compromise their ability to distinguish an instructor’s opinionated commentary from the presentation of fact. As a result, instructors who, in the course of teaching, express perspectives which may be construed as politically partisan, should identify the expression as such, strive at all times to be accurate, exercise appropriate restraint, show respect for the opinions of others, and make every effort to indicate that they are expressing themselves as citizens and not voicing views held by Muhlenberg College. Violations of this part of the policy should be reported to the Provost.

Curricular activities. Instructors are free to establish genuine curricular activities aimed at educating students with respect to the political process. Examples:

Assigning or otherwise incorporating politically controversial course material
Making in-class reference to contemporary political controversies
Establishing course activities that explore partisan ideologies

Partisan commentary. Instructors are entitled to freedom of expression in the classroom and are not restricted from offering partisan commentary as it relates to the subject of instruction. In these instances, instructors are advised to take special care to avoid the persistent intrusion of matter that has no rational bearing on the subject of instruction, and to make the following clear:

They are speaking only for themselves and not for Muhlenberg College.
The perspective expressed may be construed as partisan.
Contrary perspectives exist.
Students will not be assessed negatively, in either discussion or in subsequent assignments ,for taking critical positions in opposition to the partisan commentary.
Students will not be preferentially rewarded, in either discussion or in subsequent assignments, for taking critical positions in support of the partisan commentary.

Other partisan expression. Instructors are entitled to display on their persons messages of political identification (such as campaign t-shirts or buttons) while in the classroom. If they choose to do so, they are advised to verbally acknowledge the display, and to take special care to make the following clear to students:

The display expresses a personal affiliation, not one held by Muhlenberg College.
The display is neither tied to course inquiry into the subject of instruction nor to the appraisal of student work.
Students who hold other identifications will not be assessed negatively, in either discussion or in subsequent assignments, for acknowledging those affiliations.
Students who share in the identification will not be preferentially rewarded, in either discussion or in subsequent assignments, for claiming the affiliation.

Activities of Individual Students

Partisan activities by individual students in no way jeopardize the College’s tax-exempt status, as long as those activities do not unfairly appropriate College resources or public facilities. Violations of this part of the policy should be reported to the Dean of Students. Provisions:

Free expression. Individual students may exercise free speech and expression at Muhlenberg College; for that reason it is permissible for any student to show individual support for a partisan political campaign issue. Examples:

Wearing or placing campaign materials on one’s body or belongings
Posting campaign literature or signs within residence hall rooms or on the doors and inwardly facing on windows of students’ own rooms
Placing lawn signs outside MILE houses
Using partisan signature statements within student emails from Muhlenberg student email accounts

Running for Office. Students exercising their right to run for public office are permitted to identify themselves as students of Muhlenberg College but should not purport to represent the College. Students running for public office must follow the same policies for all partisan campaigns in terms of their own campaigning on campus.

Campaign-related activities. Individual students may advocate for candidates for public office. Examples:

Individual students are permitted to distribute literature for political candidates within residence halls as well as in public spaces on campus, e.g.:

Distributing candidate literature and voter reminders
Conducting partisan or nonpartisan voter registration
Collecting money for individual campaigns
Individual students are not permitted to reserve facilities, including space for candidate events, tables in the Student Union, or elsewhere for partisan political campaigning. These activities are reserved for registered student organizations and campus offices or departments.
Individual students may not create partisan displays, including “chalking,” in public areas.
Individual students may not host political fundraisers on campus.

Activities of Student Groups

Partisan activities by recognized student organizations in no way jeopardize the College’s tax-exempt status as long as those activities are not construed to express the position of Muhlenberg College and do not appropriate College resources or public facilities for either the purpose of partisan fundraising or as donations to partisan organizations or individual candidates for public office. Violations of this part of the policy should be reported to the Dean of Students.

Student publications. Student publications supported by Muhlenberg College may print, post or otherwise publish partisan commentary. Partisan campaigns and candidates for public office may purchase advertising space in student publications at the same rate charged for other non-campus ads. Any candidate for public office that is affiliated with Muhlenberg College shall pay the same rate as all other candidates for public office when purchasing advertising space in student publications.

Events on College-owned/operated property. Student organizations hosting a candidate or a candidate forum are not required to invite all candidates seeking that office. Recognized student organizations may use College facilities to support or oppose a specific political party, provided that the name of their student organization is on all materials printed, posted, or otherwise published and that advance permission has been granted for the use of the facilities when applicable, and that the use of the facilities would not be seen as a donation to a candidate for public office. Student organizers for partisan events must consult with their advisor and with the Vice President of Communications and Marketing before the event takes place. Recognized student organizations may organize partisan or nonpartisan political events on campus, including, but not limited to the following:

Partisan or nonpartisan voter education
Voter registration drives
Candidate forums
Student or candidate debates on a given issue or issues
Issue-based events, provided the event is not a fundraiser for a candidate running for public office.

Fundraising. Recognized student organizations are prohibited from hosting partisan fundraisers on campus pursuant to Muhlenberg College’s 501(c)(3) status as a non-profit educational institution.

Expenses. Funds for transportation, meals, or lodging of candidates are permitted only when paid for by individual students. Muhlenberg College funds, including funds raised by the organization or allocated by Student Government, may not be used to subsidize travel, housing, or meals for candidates.

Support and Endorsements. Recognized student organizations are free to express their views about and publicly support political parties and candidates by hosting partisan voter activities, including events with specific candidates. Recognized student organizations are permitted to make public endorsements of local, state, or federal candidates for public office and support legislation, including legislation seen as supported by one political party.

College Resources

College-sponsored activities and forums aimed at educating students about the political process are encouraged. Every effort should be made to ensure that appearances on campus of candidates for public office or their political representatives have a substantive educational purpose, and that such visits not be conducted solely as partisan rallies or events. Unless a candidate for public office is of sufficient stature as to warrant an invitation from the Office of the President, hosting of political candidates for educational purposes should generally be left to faculty within academic departments or the appropriate recognized student organization.

Fair, equitable presentation. To safeguard its tax-exempt status, the College’s use of campus facilities and resources, when employed by the administration, faculty or staff, should be directed toward the fair, equitable presentation of multiple political perspectives for the purpose of educating students and community members. If an academic department, or the College itself, chooses to invite an individual candidate to speak, equal opportunities must be provided to all candidates so that no candidate is favored in relation to the activity.

Prohibition on facilities rental by candidates. Candidates for office, their campaigns and representatives, and partisan political organizations may not rent College facilities nor use College resources in support of their campaigns or related activities without the sponsorship of a registered student organization.

Prohibition on fundraising and other campaign activities. College-owned and managed facilities, publications, platforms or other property may not be used under any circumstances for the purposes of political fundraising. Violations of this policy should be reported to the Vice President for Communications and Marketing. Prohibited uses include, but are not limited to the following:

Use of the campus mail service (other than U.S. mail), college mailing lists, college-provided office supplies, computers, telephones, facsimile machines, or copiers, email accounts or other College-owned or managed services, channels and platforms
Engaging in person-to-person solicitation of funds through the campus mail service, email accounts or other College-owned or operated services, channels and platforms. Any mail solicitation must be through the U.S. Postal Service and other unaffiliated services, channels and platforms only.

Student organization-sponsored events. Recognized student organizations may use College facilities for meetings, speeches, and events involving candidates for office and political parties provided that such groups pay the usual and normal charge, if any, for use of institutional facilities or equipment. Use of space by student organizations for this purpose is subject to scheduling policy, availability, and approval by the Office of Seegers Union and Campus Events and the Vice President for Communications and Marketing. Students should follow the usual campus procedures for scheduling a facility and resources.

Contact: Vice President for Communications and Marketing: 484-664-4332

Last Revised: 08/23/2024