[BVC-CHAT] Your legal question of the day

[Marcus Dunn]

Greg Hercules wrote:
> My question is does anyone have any knowledge, along with a cited 
> source, on trespassing in buildings on campus? Without getting into 
> too much detail some friends of mine (who are students) are being 
> threatened by UPD to be arrested for criminal trespassing because they 
> are standing in buildings (with open access, i.e. academic buildings, 
> not residential or office buildings) wearing t-shirts with logos on 
> them that certain professors don't care for. They are NOT disrupting, 
> impeding traffic, verballing advertising or picketing. Just 1 or 2 
> guys standing there wearing a t-shirt. I've been doing a lot of 
> research on this topic and I'm not having much success finding a 
> definitive answer. As far as I know and with the research I've done it 
> appears that they are within their right.
> Also, does anyone know the protocol for UPD citations and students 
> rights in regards to that? Again I've done a lot of researching but am 
> unable to find sources with specific rules and regulations regarding this.
> Though OPINIONS are appreciated FACTS (along with official sources) 
> are what I am looking for.
>  
> Thanks fellas,
> Herc
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You may want to take a look at Appendix XI of the student rules, it's a 
whole section on freedom of expression rules.
http://student-rules.tamu.edu/append11.htm

Specifically, this part may be helpful:
"As a public institution of higher learning, Texas A&M University 
provides forums for the expression of ideas and opinions. These include: ...

...Non public forums are areas that are not traditional public forums or 
designated public forums. These include areas that are not by tradition 
or designation forums for public communication. These forums will be 
restricted to use for their intended purpose and are not available for 
public expressive activity. Examples include, but are not limited to, 
classrooms, residence hall rooms, faculty and staff offices, academic 
buildings, administration buildings, medical treatment facilities, 
libraries, research and computer laboratories, the MSC lawn, Easterwood 
Airport, Brayton Fire Training School, and research facilities..."

Read into that what you may, but it seems like the UPD may have a leg to 
stand on in this case.

Marcus Dunn