Relating to speech and expression at public institutions of higher education, providing for remedies, and including effective date provisions

PROTECTED ACTIVITIES. Protected activities include noncommercial expressive activities including but not limited to oral or written means to communicate ideas, including but not limited to all forms of peaceful assembly, protests, speeches including by invited speakers, distribution of literature, and circulating petitions. A member of the campus community who wishes to engage in noncommercial expressive activity on campus shall be permitted to do so freely subject to reasonable time, place, and manner restrictions. However, nothing in the provision shall be interpreted as preventing the institutions from prohibiting, limiting, or restricting unprotected expression. A public postsecondary institution shall not deny a student organization any benefit or privilege available to any other student organization. However, nothing in the bill shall be interpreted as limiting the right of student expression in a counter demonstration held on campus so long as the conduct at the counter demonstration is not unlawful, does not materially and substantially prohibit the free expression rights of others or disrupt the functioning of the institution, and does not impede others’ access to a facility or walkway. PUBLIC FORUMS ON CAMPUS —— FREEDOM OF ASSOCIATION. The bill requires that the outdoor areas of campuses of public postsecondary institutions be deemed public forums. The institutions may maintain and enforce clear, published, reasonable viewpoint-neutral time, place, and manner restrictions that are narrowly tailored in furtherance of a significant institutional interest, shall allow members of the campus community to engage in spontaneous expressive activity and to distribute literature, shall provide for ample alternative means of expression, and, subject to reasonable time, place, and manner restrictions, shall not designate any area of campus a free-speech zone or otherwise create policies restricting expressive activities to a particular outdoor area of campus. Such provisions shall not be construed to grant individuals the right to disrupt the expressive activity of a person or student organization if the institution has reserved space in an outdoor area of campus for the person’s or organization’s activity. An institution shall not deny any benefit or privilege to a student organization based on the organization’s requirement that its leaders agree to and support the organization’s beliefs. REMEDIES, STATUTE OF LIMITATIONS, AND IMMUNITY PROVISIONS. An aggrieved member of the campus community may bring an action against the institution responsible for a violation of the Code chapter and seek appropriate relief, and may assert such violation as a defense or counterclaim. Such person has one year after the day the cause of action accrues to bring a claim for violation of the Code chapter. However, nothing in the bill shall be interpreted to limit any other available remedies to a member of the campus community. STATE MANDATE —— INAPPLICABILITY PROVISION.3.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill. EFFECTIVE DATE. The bill takes effect upon enactment.