; (ii) is based on published, content-neutral, and viewpoint-neutral criteria; (iii) leaves open ample alternative channels for communication; and (iv) provides for spontaneous assembly and distribution of literature. (C) Application The protections provided under subparagraph (A) do not apply to expressive activity in an area on an institution’s campus that is not a generally accessible area. (D) Nonapplication to service academies This subsection shall not apply to an institution of higher education whose primary purpose is the education of individuals for the military services of the United States, or the merchant marine. (c) Prohibition on use of political tests (1) In general A covered public institution may not consider, require, or discriminate on the basis of a political test in the admission, appointment, hiring, employment, or promotion of any covered individual, or in the granting of tenure to any covered individual. (2) Rule of construction Nothing in this subsection shall be construed— (A) to prohibit an institution of higher education whose primary purpose is the education of individuals for the military services of the United States, or the merchant marine, from requiring an applicant, student, or employee to take an oath to uphold the Constitution of the United States; (B) to prohibit an institution of higher education from requiring a student, faculty member, or employee to comply with Federal or State antidiscrimination laws or from taking action against a student, faculty member, or employee for violations of Federal or State anti-discrimination laws, as applicable; (C) to prohibit an institution of higher education from evaluating a prospective student, an employee, or a prospective employee based on their knowingly providing material support or resources to an organization designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 )