SITE MANAGEMENT: MAIL AND DELIVERY

Use of College

District Mail System

Unless it has been opened to the public, by policy or practice, a school mail system is not a public forum. The college district may create a limited public forum in its campus mailboxes. Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37 (1983) [See also GD]

Intercampus Mail Delivery

The college district is prohibited by the Private Express Statutes from carrying unstamped letters over postal routes unless:

1. The letters relate to the current business of the college district to an extent sufficient to satisfy the “letters of the carrier” exception; or

2. The carriage of the letters is without any compensation, direct or indirect, to the college district so as to satisfy the “private hands” exception.

Regents of the Univ. of Cal. v. Public Employment Relations Board, 485 U.S. 589 (1988); 39 U.S.C. 601–606; 18 U.S.C. 1693–1699

Political Advertising

An officer or employee of a state agency or political subdivision, including a college district, may not knowingly use or authorize the use of an internal mail system for the distribution of political advertising. The prohibition does not apply to the use of an internal mail system to distribute political advertising that is delivered to the premises of a state agency or political subdivision through the United States Postal Service or the use of an internal mail system by a state agency to distribute political advertising that is the subject of or related to an investigation, hearing, or other official proceeding of the agency. Election Code 255.0031

“Political advertising” means a communication that supports or opposes a political party, a public officer, a measure, or a candidate for nomination or election to a public office or office of a political party, and:

1. Is published in a newspaper, magazine, or other periodical in return for consideration;

2. Is broadcast by radio or television in return for consideration;

3. Appears in a pamphlet, circular, flier, billboard or other sign, bumper sticker, or similar form of written communication; or

4. Appears on an internet website.

The term does not include an individual communication made by email but does include mass emails involving an expenditure of funds beyond the basic cost of hardware messaging software and bandwidth.

Election Code 251.001(16); 1 TAC 20.1(11)