Following an unprecedented year of protests on campus — and under pressure from an antisemitism task force, presidential commission, and community members to clarify its open expression policies — Penn announced a temporary set of guidelines on campus events and demonstrations last week.

Notably, the new policies explicitly ban encampments for the first time. However, an in-depth analysis of the temporary guidelines by The Daily Pennsylvanian revealed several contradictions, potential loopholes, and ambiguities.

The analysis found that the guidelines increase the powers of Penn’s vice provost for University Life, redefine events on campus as inherently private to the University community, and specifically prohibit many of the tactics used by demonstrators on campus in recent years.

In the June 6 announcement of the policy — which was signed by Interim Penn President Larry Jameson, Provost John Jackson, Senior Executive Vice President Craig Carnaroli, and deans from all 12 of Penn's undergraduate and graduate schools — administrators shared updated guidance on “when, where, and how open expression can take place” and announced the formation of a task force to review the existing open expression policies.

According to the announcement, requests for “increased clarity” were a “priority recommendation” in the final reports from both the University Task Force on Antisemitism and the Presidential Commission on Countering Hate and Building Community.

Prior to the announcement of the temporary guidelines, Penn’s Guidelines on Open Expression were intended to protect free speech within the limitations of University functions at Penn. The previous guidelines — last updated in 1993 — established the responsibilities of the Committee on Open Expression, which is tasked with investigating and advising on conflicts of open expression in accordance with Penn’s Guidelines on Open Expression.

It remains unclear how the new guidelines relate to the previous Guidelines on Open Expression, and how specific campus events during the 2023-24 school year may have influenced the establishment of the temporary guidelines.

A request for clarification was left with Jameson, who declined to comment. In May, Jameson canceled a previously scheduled interview with the DP, which followed the clearing of the Gaza Solidarity Encampment ahead of Commencement. All contacted members of the Committee on Open Expression either did not respond to a request for comment or declined to comment.

The DP annotated and analyzed the temporary guidelines to better understand the new rules, their ambiguous relationship to the previous Guidelines on Open Expression, and how protests on campus this year evidently influenced their establishment.

The Temporary Guidelines, annotated

Click on the highlighted passages below to read the DP’s annotations on the full text of Penn’s Temporary Standards and Procedures for Campus Events and Demonstrations.

The expansion of prohibited locations for protest

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While the Guidelines on Open Expression detailed many locations on campus where demonstrations are “not permitted to occur,” the new guidelines include additional prohibitions. In the Temporary Guidelines, demonstrations at “College Hall and its exterior steps and entrance ways” are now explicitly banned, as well as those on “University sculptures and statues.”

The terms “College Hall” and “statue” were not mentioned in the old Guidelines on Open Expression. 

During the 2023-24 academic year, several demonstrations took place adjacent to and at College Hall and on its “exterior steps and entrance ways” — though the University has not referenced specific demonstrations as a reason for the addition of the new locations. 

In the fall, roughly 300 protesters attempted to enter College Hall during a graduate student worker rally to deliver a letter with nearly 500 signatures to former Penn President Liz Magill and Provost John Jackson. More than a dozen individuals delivered the letter.

Three months later, in January, Penn Faculty for Justice in Palestine organized a die-in outside and on the steps of College Hall to demonstrate solidarity with civilians in Gaza. The main entrance of College Hall was closed for the duration of the protest, which lasted approximately one hour.

The Benjamin Franklin statue frequently served as a gathering spot for demonstrations throughout the year — including during the Gaza Solidarity Encampment — and speakers often stood on the statue’s base. 

Restrictions on amplified sound, posters, and chalk

The new guidelines build off of existing University policies to increase the restrictions on amplified sound, posters, and banners as they relate to campus demonstrations and events. 

Under the existing Guidelines on Open Expression, a demonstration violates the guidelines if it reaches a noise level greater than 85 decibels. The new guidelines do not specify a noise level that would constitute a violation, but they define amplified sound as “including, but not limited to bullhorns, musical instruments, and amplified speakers.”

The guidelines reinforce that “amplified sound” on College Green is limited to the hours of 5 p.m. to 10 p.m., adding that no amplified sound is allowed during reading days and final exams. Requests for “amplified sound” must also be “submitted for approval.”

Additionally, the Temporary Guidelines state that “amplified sound” or “live music” is only allowed on Locust Walk between 12 p.m. and 1 p.m., and noise must be "kept at a level that does not disrupt classes in session or faculty, staff, and administrators working in surrounding buildings” at all times.

It is unclear how this policy will extend to student groups that use Locust Walk to promote their club or activity. The Penn Office of Student Affairs website states that groups reserving tables, banners, and poles must “observe the campus sound guidelines which restrict the use of amplified sound during business hours.”

Those noise restrictions do not specify sound levels for events taking place on Locust Walk. 

The Temporary Guidelines also provide several modifications to the University Campus-Wide Exterior and Interior Signage Policy as it relates to temporary signage.

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That policy was significantly updated on June 6, which is the same day the Temporary Guidelines were released. The Poster Policy in the Pennbook, however, has not been updated since 2016 and does not mention any type of temporary signage.

“To protect open expression, signs posted in compliance with these guidelines will not be removed, and it is a violation of these guidelines if an unauthorized individual removes them or posts over them,” the Temporary Guidelines read. Non-compliant signage — including posters, banners, and chalking — will be removed immediately.

The Temporary Guidelines additionally prohibit the use of “non-water soluble, semi-permanent, and permanent substances, including spray-chalk, … on any University surface, including vertical surfaces."

Signs and flags were placed on the Benjamin Franklin statue during protests throughout the year, including pro-Israel and pro-Palestinian demonstrations. 

During the Gaza Solidarity Encampment, protesters chalked messages on the pavement surrounding College Green, projected films as part of their programming, and frequently climbed and chalked the Benjamin Franklin statue in front of College Hall.

The new guidelines also ban light projections on any University buildings or structures without permission from the vice provost for University Life or the relevant dean’s office.

In the fall, pro-Palestinian groups Penn Students Against the Occupation of Palestine and the Philly Palestine Coalition posted photos of several messages projected onto Huntsman Hall, Irvine Auditorium, and Penn Commons on their Instagram stories. The images displayed phrases such as “Let Gaza live,” “From the river to the sea, Palestine will be free,” “Zionism is racism,” and “Penn funds Palestinian genocide.”

Penn denounced the projections, calling the displays antisemitic and “vile.”

Strengthened mechanisms for enforcement

The Guidelines on Open Expression contain a provision that states “[i]n case of conflict between the principles of the Guidelines on Open Expression and other University policies, the principles of the Guidelines shall take precedence.”

The revised guidelines do not contain such a provision, and the DP is unable to clarify whether the new guidelines will take precedence over the Guidelines on Open Expression. 

The Guidelines on Open Expression state that the VPUL “shall obtain the advice and recommendation of the representatives of the Committee on Open Expression whenever feasible.”

The new Temporary Guidelines explain that COE members “may assist in offering real time advice to requesting parties regarding the Open Expression guidelines if they are present during a situation that involves possible violations of the guidelines.”

The new mechanisms of enforcement include the concept of “interim sanctions,” including suspensions, which are not mentioned in the Guidelines on Open Expression.

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During the Gaza Solidarity Encampment, Penn placed six student organizers affiliated with the encampment on mandatory temporary leaves of absence.

A University spokesperson previously told the DP that the vice provost for University Life issued the leaves of absence per University policies, pending the results of disciplinary investigations by Penn's Center for Community Standards and Accountability.

‘Less expansive’ rights for non-University affiliated individuals

The new guidelines state that “non-University affiliated persons may have less expansive rights of open expression in University locations than those who are members of the Penn community.”

In contrast, the previous Guidelines on Open Expression said that VPUL, or their delegate, would decide “[t]he extent to which the privileges and obligations of these Guidelines may be made applicable in particular circumstances to individuals who are not members of the University community.”

The previous guidelines added that non-Penn affiliates must listen to “instructions of the Vice Provost or delegate.”

The new guidelines state that non-University affiliates must adhere to the guidelines as well as “instructions from other University officials, including the Division of Public Safety” and instructions from the VPUL or VPUL delegate. 

Another contradiction between the Guidelines on Open Expression and Temporary Guidelines relates to the default privacy level of events. 

The Guidelines on Open Expression state that “[u]nless designated as public, meetings are considered to be private. Events are considered to be public.”

The Temporary Guidelines explain that unless “stated otherwise,” events are “presumed to be private, that is, limited to members of the Penn community.”

In the final report from the University Task Force on Antisemitism, the group wrote that certain members of the task force support the recommendation that there should be “strict regulation of the presence of individuals unaffiliated with Penn participating in protests.”

Increased regulations on reserving University spaces

The Temporary Guidelines also increased regulations on the timeline and process by which University spaces must be reserved for events and demonstrations, detailing that the procedures and timelines for reserving spaces on campus depend on the space that a group is trying to book.

“Events must be scheduled at least 48 hours in advance,” the Temporary Guidelines read. It is unclear whether “demonstrations” fall under the definition of “events.” 

“All non-academic events requiring the use of Perelman Quad, performing arts facilities, Blanche Levy Park … Locust Walk, other VPUL spaces, or Central Pool classrooms must be registered with University Life Space and Events Management … two weeks in advance,” the updated policy reads. 

At the start of the encampment, the DP reported that according to Penn Facilities and Real Estate Services, those interested in reserving space for an event on College Green must submit a request through Perelman Quadrangle services, which is operated by University Life. 

However, the policy on the FRES website does not specify how far in advance a reservation must be made. As of the time of publication, the link to reserve College Green redirects to an error message.

“Duration of an event, noise control, setup, takedown, and cleanup are all carefully monitored to maintain an appropriate balance of the use of the space along with the needs of neighboring building users,” the FRES policy reads.

Before the start of the encampment, to set up structures on College Green, an organization needed to have made a reservation with Perelman Quadrangle at least two weeks in advance, and the Office of Student Affairs required a permit to be displayed throughout the event’s duration. Such structures also required approval from the University Architect, and they could remain on College Green for a maximum of three days and two nights.

The new policy now delegates that responsibility to the vice provost for University Life, who is responsible for giving individuals and groups permission for structures. 

In a section discussing access to University spaces, the new guidelines add that “[s]chools, departments, institutes, individual faculty, students, and staff may not serve as ‘individual fronts’ or ‘proxies’ for non-Penn affiliated organizations” to “gain access to or use of Penn venues to organize or host an event.”

Dozens of tents from the Gaza Solidarity Encampment remained on College Green for 16 days before being dismantled by the University.