Beauty and Free Speech in the Academical Village

Background

In September 2020, a University of Virginia student resident on the Lawn posted a large sign on her door which read: “F--- UVA,” followed by a list of grievances including “UVA operating cost, KKKops, genocide, slavery, disability, Black+Brown life.” 

In response to this incident, The Jefferson Council was founded in part to preserve the beauty of the Lawn as the historic center of Jefferson’s Academical Village, a designated US National Historic Landmark District, and one of only twenty-six UNESCO World Heritage Sites in the United States.

After weeks of outrage, particularly from alumni, the UVA administration determined that the language, although vulgar, was protected by the United States Constitution and declined to have the sign removed. Specifically, the incident was described as a “clash of values” — the value of “reasoned debate, civility and respect for the role of the Lawn in the life of the university,” and the value of a “firm and enduring commitment to the freedom of speech and the tolerance of protest and dissent.”

Discussion

The University of Virginia is a state institution and thus subject to the free speech constraints of the Constitution. However, the United States Supreme Court has endorsed the concept of time, place, and manner restrictions for the placement of signs on government property.

The University administration understands this and indeed had signage restrictions in place at the time of the September 2020 incident: a single 1.5-foot by 2-foot board was permitted outside rooms for student signs and messages. However, following the September 2020 incident, which disregarded the existing policy, an addendum was added to the Terms and Conditions for Lawn and Range Residents. The update allowed for two bulletin boards per Lawn room upon which residents could hang their signs or messages, and it disallowed signs or other materials from being placed on “Lawn or Range room doors, the doorway, shutters, or the brick areas outside the room except on the message boards as described above.”

Despite the more lenient policy, signage issues continue. Over the past year, in response to the ongoing Israeli-Hamas war, students have posted clearly political and vulgar signs on their doors, including another “F--- UVA” sign.

On August 26, 2024, the University responded to political protests on Grounds and on campuses across the United States by updating its policy regarding expressive activities. President Jim Ryan stated, “The right to free expression and free inquiry is foundational to our democracy and to UVA. In that spirit, we do our best to ensure that any regulations we place on expressive activities are content-neutral and strike the right balance, promoting free expression and ensuring that our Grounds are safe, welcoming and accessible for everyone.”

The University reaffirmed its commitment to time, place, and manner restrictions as-needed, and even recognized that “Due to the historic nature of the area, use of the Academical Village is subject to special restrictions.” However, it made no mention of banning signs to take those special restrictions into account and is failing to enforce current sign policy. 

Recommendation

In an effort to preserve the beauty of Jefferson’s historic and symbolic Academical Village, The Jefferson Council calls on the UVA Board of Advisors to consider new time, place, and manner restrictions that ban all personal, political, and organizational signs within the boundaries of the historic Academical Village as defined by UNESCO and the University, “The Academical Village – the Rotunda, Lawn and Range rooms, hotels, gardens and pavilions – make up University founder Thomas Jefferson’s original plan for the school.”

“To preserve the beauty of Jefferson’s historic and symbolic Academical Village, The Jefferson Council calls on the UVA Board of Advisors to consider new time, place, and manner restrictions.”

To survive a constitutional challenge on a ban, such restrictions must satisfy a three-part test.

First, the regulation must be content-neutral. Prohibiting all signs ensures non-discrimination based on content or subject matter.

Second, the restrictions must be narrowly tailored to serve a significant government interest. In the University’s own words:

“The Academical Village - the Rotunda, Lawn and Range rooms, hotels, gardens, and pavilions - is an area of historic and architectural significance that serves as the centerpiece of the University. The beauty and historical significance of the Academical Village is reflected in its designation as a UNESCO World Heritage Site. The Lawn is also the backdrop for many University events and draws visitors from around the world. It is a place visited by school children who are seeing a college campus for the first time, and a place where grandparents picnic with their grandchildren. ... It is a place that is a residence, but it is also the heart of the University. Lawn and Range residents should respect the unique nature of this space and use and maintain their rooms and exterior areas with appropriate care and consideration of others.”

Notably, the Academical Village encompasses only about four percent of all University property. Thus, restricting signage in this limited area is narrowly tailored to serve the significant interest of preserving the beauty of a UNESCO World Heritage site.

Third, the regulation must leave open ample alternative channels for communicating the speaker’s message. Restricting signage on about four percent of the University property leaves all speakers, including residents of the Lawn and Ranges, with the remaining ninety-six percent of University property on which to communicate their messages.

Conclusion

The Board of Visitors and President of the University have a duty to the people of the Commonwealth of Virginia to preserve the beauty and dignity of the Academical Village as a UNESCO World Heritage site. The current regulations have proven inadequate and unenforceable.

Prohibiting all personal, political, and organizational signs within the boundaries of the Academical Village is a reasonable time, place, and manner restriction on free speech which serves the compelling interest of the University and would easily survive constitutional scrutiny. 

The Board of Visitors should modify the policy to reflect outright sign ban within the whole of the Academical Village and require strict enforcement by the University administration.