HB3052 102ND GENERAL ASSEMBLY

LRB102 14074 CMG 19426 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3052

Introduced 2/19/2021, by Rep. Adam Niemerg

SYNOPSIS AS INTRODUCED:

New Act

Creates the Campus Free Speech Protection Act. Requires the governing board of each public institution of higher education to adopt policies governing free expression. Sets forth what those policies must ensure. Contains provisions concerning making those policies available to faculty and students. Sets forth both prohibited and permissible conduct. Provides for remedies for violations of the policies.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Campus Free Speech Protection Act.

Section 5. Definitions. In this Act:

"Faculty" means any person, educator, or staff member employed by or acting under the agency of a public institution of higher education regardless of whether the person is compensated by the public institution of higher education.

"Public institution of higher education" or "institution" means the University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois University, a public community college in this State, or any other public university, college, or community college now or hereafter established or authorized by the General Assembly.

"Student" means an individual currently enrolled in at least one credit hour at a public institution of higher education or a student organization registered pursuant to the policies of a public institution of higher education.

Section 10. Policies; notice of policies.

(a) Consistent with its obligations to respect the rights secured by the Constitution of the United States and the Constitution of the State of Illinois, the governing board of each public institution of higher education, by no later than January 1, 2022, shall adopt policies to ensure all of the following:

(1) That the institution protects the fundamental and constitutional right of all students and faculty to freedom of expression.

(2) That the institution grants students and faculty the broadest possible latitude to speak, write, listen, challenge, learn, and discuss any issue.

(3) That the institution commits to maintaining a marketplace of ideas in which the free exchange of ideas is not suppressed because an idea put forth is considered by some or even most of the members of the institution's community to be offensive, unwise, disagreeable, conservative, liberal, traditional, or radical.

(4) That students and faculty do not substantially obstruct or otherwise substantially interfere with the freedom of others to express views they reject so that a lively and fearless freedom of debate and deliberation is promoted and protected.

(5) That the expression of a student's religious or political viewpoints in classroom, homework, artwork, and other written and oral assignments is free from discrimination or penalty based on the religious or political content of the submission.

(6) That the selection of students to speak at official events is made in a viewpoint-neutral manner. The prepared remarks of a student are not to be altered before delivery, except in a viewpoint-neutral manner or unless requested by the student. However, student speakers shall not engage in speech that is obscene, vulgar, offensively lewd, or indecent. If the content of a student's speech is such that a reasonable observer may perceive affirmative institutional sponsorship or endorsement of the student speaker's religious or political viewpoint, the institution shall communicate, in writing, orally, or both, that the student's speech does not reflect the endorsement, sponsorship, position, or expression of the institution.

(7) That student religious and political organizations are allowed equal access to public forums on the same basis as nonreligious and nonpolitical organizations.

(8) That no recognized religious or political student organization is hindered or discriminated against in the ordering of its internal affairs, selection of leaders and members, defining of doctrines and principles, and resolving of organizational disputes in the furtherance of its mission or in its determination that only persons committed to its mission should conduct such activities.

(9) That student activity fee funding to a student organization is not denied based on the viewpoints that the student organization advocates.

(10) That the generally accessible, open, outdoor areas of the campus be maintained as traditional public forums for students and faculty to express their views, so that the free expression of students and faculty is not limited to particular areas of the campus often described as free speech zones.

(11) That there shall be no restrictions on the time, place, and manner of student speech that occurs in the outdoor areas of campus or is protected by the First Amendment of the Constitution of the United States, except for restrictions that are:

(A) reasonable;

(B) justified without reference to the content of the regulated speech;

(C) narrowly tailored to serve a compelling governmental interest; and

(D) limited to provide ample alternative options for the communication of the information.

(12) That the requirements for permits do not prohibit spontaneous outdoor assemblies or outdoor distribution of literature, although an institution may adopt a policy that grants members of the institution's community the right to reserve certain outdoor spaces in advance.

(13) That all students and faculty are allowed to invite guest speakers to campus to engage in free speech regardless of the views of the guest speakers.

(14) That students are not charged fees based on the content of their speech, the content of the speech of guest speakers invited by students, or the anticipated reaction or opposition of listeners to the speech.

(15) That the institution shall not disinvite a speaker invited by a student, student organization, or faculty member because the speaker's anticipated speech may be considered offensive, unwise, disagreeable, conservative, liberal, traditional, or radical by students, faculty, administrators, government officials, or members of the public.

(b) Nothing in the policies under this Section shall be construed to grant students the right to engage in conduct that intentionally, materially, and substantially disrupts another's expressive activity if that activity is occurring in a campus space previously scheduled or reserved for that activity or under the exclusive use or control of a particular group.

(c) The policies adopted under this Section shall be made available to students and faculty by the following methods:

(1) by publishing the policies in the institution's student handbook and faculty handbook, whether on paper or electronically; and

(2) by posting the policies in a prominent location on the institution's Internet website.

(d) The policies adopted under this Section may also be made available to students and faculty by the following methods:

(1) by mailing the policies electronically to students and faculty annually using their institutionally provided email addresses; or

(2) by including the policies in orientation programs for new students and faculty.

Section 15. Prohibited conduct. The following conduct violates this Act if the conduct intentionally, materially, and substantially disrupts another's expressive activity and if it significantly hinders the expressive activity of another person or group or prevents the communication of a message or the transaction of a lawful meeting, gathering, or procession by:

(1) being of a violent or seriously disruptive nature; or

(2) physically blocking or significantly hindering any person from attending, hearing, viewing, or otherwise participating in an expressive activity.

Section 20. Permissible conduct. The following conduct does not violate this Act if the conduct does not intentionally, materially, and substantially disrupt another's expressive activity:

(1) the conduct is protected under the First Amendment to the Constitution of the United States or is conduct protected under the Constitution of the State of Illinois, including, but not limited to, lawful protests and counter-protests in the outdoor areas of campus generally accessible to the public, except during times when those areas have been reserved in advance for other events; or

(2) the conduct is an isolated occurrence that causes minor, brief, and nonviolent disruptions of expressive activity.

Section 90. Violations; remedies; statute of limitations.

(a) Any person aggrieved by a violation of a policy under Section 10 of this Act shall have a cause of action against the institution or any of its faculty acting in the faculty's official capacity for damages arising from the violation, including reasonable attorney's fees and litigation costs.

(b) A claim brought pursuant to this Section may be asserted in any court of competent jurisdiction within one year after the date the cause of action accrued. The cause of action shall be deemed to have accrued at the point in time the violation ceases or is cured by the institution.

(c) Excluding reasonable attorney's fees and litigation costs, any prevailing claimant under this Section shall be awarded no less than $1,000 but no more than $100,000 cumulatively per action. If multiple claimants prevail and the damages awarded would exceed $100,000, the court shall divide $100,000 among all prevailing claimants equally.