Signed by Governor Kim Reynolds

Vote Smart's Synopsis:

Vote to pass a bill that amends free speech regulations on public college campuses, effective immediately.

Highlights:

• Requires the state board of regents and board of directors of each community college to adopt a policy that includes all of the of following (Sec. 2):

• The primary function of a higher education institution is the discovery, improvement, communication, and distribution of knowledge by means of research, teaching, discussion and debate;

• The institution must strive to ensure the fullest degree of intellectual freedom and free expression allowed under the 1st Amendment of the US Constitution;

• It is not the proper role of an higher education institution to shield individuals from speech protected by the 1st Amendment, which may include ideas and opinions that some may find disagreeable or even offensive;

• The proper role of a higher education institution is to encourage diversity of thoughts, ideas, and opinions, and to encourage peaceful, respectful exercise of the 1st amendment;

• Students and faculty have the freedom to discuss any problems that may present themselves, and assemble and engage in spontaneous expressive activity on campus, within 1st Amendment bounds; and

• The outdoor areas of campus are public forums, open on the same terms of any invited speaker subject to reasonable time, place, and manner restriction that are consistent with established 1st Amendment principles.

• Authorizes noncommercial expressive activities to include lawful oral or written communication between members of a college community to communicate ideas, including peaceful assembly, protests, speeches including by invited speakers, distribution of literature, circulation of petitions, and publishing or online streaming of an event recorded in an outdoor area of campus (Sec. 3).

• Authorizes members of the campus community to engage in noncommercial expressive activity in outdoor areas of campus to do so freely, subject to reasonable time, place, and manner restrictions, as long as their conduct is lawful and does not impede others’ access to facilities or walkways (Sec. 3).

• Prohibits higher education institutions from denying benefits or privileges to student organizations or their members based on the viewpoints or expression of viewpoints of student organizations, as protected by the 1st Amendment (Sec. 3).

• Prohibits higher education institutions from denying benefits or privileges to student organizations based on the organization's requirement that the leaders of the student organization agree to an support the student organization's beliefs, as those beliefs are interpreted and applied by the organization and to further the organization’s mission (Sec. 3).

• Specifies that these regulations should not be interpreted as limiting the rights of student expression in a counter-demonstration held in an outdoor area of campus as long as the conduct at the counter-demonstration is lawful, does not materially or substantially prohibit the free expression rights of others, or disrupt the functioning of the institution (Sec. 3).

• Specifies that these regulations should not be interpreted as preventing higher education institutions from prohibiting, limiting, or restricting expressions not covered under the 1st Amendment for instances including, but not limited to (Sec. 3):

• Threats of serious harm and expression directed  to provoke imminent unlawful action; or

• Harassment, including expression which is so severe, pervasive, and objectively offensive that the expression unreasonably interferes with an individual’s access to campus facilities.

• Authorizes members of the campus community to file complaints of violation of these regulations with the governing body of the public higher education institution (Sec. 5).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends free speech regulations on public college campuses, effective immediately.

Highlights:

• Requires the state board of regents and board of directors of each community college to adopt a policy that includes all of the of following (Sec. 2):

• The primary function of a higher education institution is the discovery, improvement, communication, and distribution of knowledge by means of research, teaching, discussion and debate;

• The institution must strive to ensure the fullest degree of intellectual freedom and free expression allowed under the 1st Amendment of the US Constitution;

• It is not the proper role of an higher education institution to shield individuals from speech protected by the 1st Amendment, which may include ideas and opinions that some may find disagreeable or even offensive;

• The proper role of a higher education institution is to encourage diversity of thoughts, ideas, and opinions, and to encourage peaceful, respectful exercise of the 1st amendment;

• Students and faculty have the freedom to discuss any problems that may present themselves, and assemble and engage in spontaneous expressive activity on campus, within 1st Amendment bounds; and

• The outdoor areas of campus are public forums, open on the same terms of any invited speaker subject to reasonable time, place, and manner restriction that are consistent with established 1st Amendment principles.

• Authorizes noncommercial expressive activities to include lawful oral or written communication between members of a college community to communicate ideas, including peaceful assembly, protests, speeches including by invited speakers, distribution of literature, circulation of petitions, and publishing or online streaming of an event recorded in an outdoor area of campus (Sec. 3).

• Authorizes members of the campus community to engage in noncommercial expressive activity in outdoor areas of campus to do so freely, subject to reasonable time, place, and manner restrictions, as long as their conduct is lawful and does not impede others’ access to facilities or walkways (Sec. 3).

• Prohibits higher education institutions from denying benefits or privileges to student organizations or their members based on the viewpoints or expression of viewpoints of student organizations, as protected by the 1st Amendment (Sec. 3).

• Prohibits higher education institutions from denying benefits or privileges to student organizations based on the organization's requirement that the leaders of the student organization agree to an support the student organization's beliefs, as those beliefs are interpreted and applied by the organization and to further the organization’s mission (Sec. 3).

• Specifies that these regulations should not be interpreted as limiting the rights of student expression in a counter-demonstration held in an outdoor area of campus as long as the conduct at the counter-demonstration is lawful, does not materially or substantially prohibit the free expression rights of others, or disrupt the functioning of the institution (Sec. 3).

• Specifies that these regulations should not be interpreted as preventing higher education institutions from prohibiting, limiting, or restricting expressions not covered under the 1st Amendment for instances including, but not limited to (Sec. 3):

• Threats of serious harm and expression directed  to provoke imminent unlawful action; or

• Harassment, including expression which is so severe, pervasive, and objectively offensive that the expression unreasonably interferes with an individual’s access to campus facilities.

• Authorizes members of the campus community to file complaints of violation of these regulations with the governing body of the public higher education institution (Sec. 5).

Full Bill Text