AB 553 - Establishes Certain Free Speech and Academic Standards at Higher Institutions - Wisconsin Key Vote

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Title: Establishes Certain Free Speech and Academic Standards at Higher Institutions

Vote Smart's Synopsis:

Vote to pass a bill that establishes certain free speech and academic standards and require institutions to pay up to $100,000 for violations.

Highlights:

  • Establishes certain standards regarding free speech and academic freedom at University of Wisconsin (UW) System institutions and techincal colleges (Sec. 1).

  • Specifies that the Board of Regents of the UW System or technical college district board may be subject to a civil cause of action and a fine of up to $100,000 (Sec. 2).

  • Establishes certain due process standards and disciplinary proceedings at UW System institution and technical colleges and specifies schools may become ineligible for state grant funding if found in violation (Sec. 3).

  • Prohibits UW institutions or technical colleges from the following, including (Sec. 3):

    • Restricting speech protected under the First Amendment, if the speaker's conduct is not unlawful and does not materially and substantially disrupt the functioning of the UW institution or technical college; 

    • Maintaining and enforcing time, place, and manner restrictions on expressive activities on the publicly accessible open outdoor areas of its campus and indoor areas that have been designated as public forums, except classrooms while they are in use for instructional purposes;

    • Designating any area of a campus a “free speech zone” or otherwise create policies restricting noncommercial expressive activities to a particular area of a campus; 

    • Requiring a permit as a condition of being allowed to engage in expressive activities protected under the bill; 

    • Charging security fees, as part of a permit application, based on the content of expression or anticipated reaction; or 

    • Sanctioning individuals or groups for discriminatory harassment unless the speech targets its victim on the basis of a protected class under law, and is so severe, pervasive, and objectively offensive that it effectively bars a student from receiving equal access to educational opportunities or benefits. 

  • Prohibits UW or techinical college policy from limiting the expressive rights and academic freedome of an instructor to do the following, including (Sec. 4):

    • Conduct research, publish, lecture, or teach in the academic setting;

    • Require students to participate in instructional exercises with legitimate pedagogical purposes that involve exploring, or arguing for or against, any argument or assertion; or 

    • Speak publicly as a private citizen on matters of public concern.

  • Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the governor (Sec. 7).

Title: Establishes Certain Free Speech and Academic Standards at Higher Institutions

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