This article was written and submitted by
Carolyn Marvin, Frances Yates Professor Emeritus of Communication
Diana Mutz, Samuel A. Stouffer Professor of Political Science and Communication
Robin Pemantle, Christopher H. Browne Distinguished Professor of Mathematics
The Guidelines on Open Expression are a Penn institution going back some 50 years. They were established to protect the speech of students and other Penn community members at events, meetings and peaceful demonstrations. They have seen the community through conflicts such as Vietnam, Fossil Fuel Penn and divestment demands.
In response to the peaceful Spring 2024 demonstrations, the University suspended the Guidelines and replaced them with very restrictive “Temporary Standards.” As a result, students, faculty and staff are no longer allowed to openly express political views on campus without prior approval of the Provost. These “temporary” rules have now been in effect for over two years.
The university appointed its own Task Force to revise the Guidelines permanently, contradicting its own written rules for revision of the open expression guidelines. Proposed Revised Guidelines were finally issued late in the Spring 2026 semester, generating numerous objections from constituencies throughout the university. The Senate Executive Committee issued a statement repudiating the Revised Guidelines, which public comment sessions had declared “unsalvageable.” Alumni were not welcome at these events which required university ID to attend. The timeline and process for final approval by the University Council is unknown at this point, but was originally planned for early September.
Immediate Concerns:
Criticisms of the proposed new guidelines involve not only the top-down process by which they were generated, but also their inclusion of permanent restrictions on political speech by members of the university community without prior approval by the administration, disciplinary actions for speech to be decided by a new Executive Director of Open Expression under the control of the Provost, and discipline based on social media content posted by students, faculty or staff.
The original Guidelines established an independent Committee on Open Expression appointed by the Faculty Senate, drawing representation from faculty, students and staff. It issues interpretations of the Guidelines when questions arise, makes changes to the Guidelines with community input as needed, consults with the disciplinary arm of University Life before students are charged with violations of the Guidelines, and advises the administration on policies affecting open expression. Over the years this committee operated as a respected check on administrative overreach in policy and disciplinary matters. In the Revised Guidelines, the COE’s functions have been transferred to a staff member who is appointed by and reports only to the Provost.
The revision process was, from the start, surreptitious and in contradiction to the University’s own rules for changing the guidelines. Mandated community feedback sessions were absent until pressure from students and faculty resulted in “listening sessions,” which the President, Provost and everyone on the Task Force failed to attend. In addition, alumni were not welcome at the listening sessions, which required current university ID.
The proposed new Open Expression Guidelines are far more restrictive than were the longstanding previous guidelines. Previously, a relatively small number of infractions were listed and the COE, a committee independent of the Provost, interpreted them. This allowed for handling of complex issues and served as a check on single-handed interpretation by the university administration. The Revised Guidelines offer a highly rigid set of rules that are not conducive to students’ education as citizens. Permissions for student events and demonstrations have been bureaucratized in ways that chill expression. New rules on social media forbid livestreaming of campus events and constrain expression both offline and online.
Carolyn Marvin, Diana Mutz, and Robin Pemantle have been following this issue and previously wrote Stop the stealth passage of open expression restrictions at Penn for the Daily Pennsylanian.