The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Free Speech

Only Reasonably Proper Posts from Me Today

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I'm at a conference at a public university, and I'm using the WiFi system; I checked the terms of use, and saw that "By clicking 'Accept'" (as I did) I "agree that … [my] use and activity [related to the network, presumably] will conform to reasonable expectations of propriety." OK then!

I think that WiFi access provided by government bodies, such as public universities, government-owned airports, and the like, is a "limited public forum" in which speech restrictions are constitutional only if they are viewpoint-neutral and reasonable; and a "conform to reasonable expectations of propriety" proviso is too vague to be reasonable (see Minnesota Voters Alliance v. Mansky (2018)). One day I might challenge one such policy, but probably not today ….