HB5428 102ND GENERAL ASSEMBLY

LRB102 25073 RJT 34333 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5428

Introduced 1/31/2022, by Rep. Deanne M. Mazzochi

SYNOPSIS AS INTRODUCED:

New Act

Creates the Student Freedom of Speech Act. Contains a statement of legislative findings and intent. Provides that if a public institution of higher education in the State denies the freedom of speech of one of its students in contravention of the findings set forth in the Act, the student shall have a cause of action against that institution. Sets forth limitations. Provides that if a student prevails in an action under the Act, the institution shall reimburse the Office of the Attorney General in the amount of 3 times the legal fees incurred in the action, plus the amount of damages awarded as the court shall determine. Effective immediately.

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 Student Freedom of Speech Act.

Section 5. Findings; intent.

(a) The General Assembly finds that:

(1) the principle of complete freedom of speech on all subjects has from the beginning been regarded as fundamental;

(2) neither now nor at any future time can the freedom of speech be called in question;

(3) the resolution for ideas we, as Illinoisans and Americans, oppose lies through open discussion rather than through inhibition;

(4) institutions of higher education exist for the sake of free and open inquiry in all matters, with the broadest possible latitude to speak, write, listen, challenge, and learn, for without it they cease to be institutions of higher education;

(5) it is not the proper role these institutions to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive;

(6) it is for individual members of the institution's community, not the institution, to make those judgments for themselves;

(7) those judgments should be made not by seeking to suppress speech, but by openly and vigorously contesting the ideas that individuals may oppose;

(8) students should have the freedom to discuss any problem that presents itself, just as those outside of institutions of higher education do;

(9) concerns about civility and mutual respect can never be used as justification for closing off discussion of ideas, however offensive or disagreeable they may be to some individuals; and

(10) although members of an institution's community are free to criticize and contest views expressed and speakers invited on their campus, to act in conformity with the principle of free speech, they may not obstruct or otherwise interfere with the freedom of others to express the views they reject or even loathe.

(b) It is the intent of the General Assembly that the requirements set forth in this Act should apply equally to each public institution of higher education in this State and to the governing board of each public institution of higher education in this State, except as otherwise provided in this Act.

Section 10. Definitions. As used in this Act:

"Governing board of each public institution of higher education" means the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, and the board of trustees of each community college district in this State.

"Public institution of higher education" 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.

Section 15. Right of Action. If a public institution of higher education in the State denies the freedom of speech of one of its students in contravention of the findings set forth in this Act, the student shall have a cause of action against that institution.

Section 20. Limits. Insofar as limitations on this freedom are necessary to the basic functioning of a public institution of higher education, the freedom to debate and discuss the merits of competing ideas does not mean that individuals may say whatever they wish, wherever they wish. An institution of higher education may restrict speech in a content-neutral manner if it:

(1) violates the law;

(2) falsely defames a specific individual;

(3) constitutes a genuine threat or harassment;

(4) unjustifiably invades substantial privacy or confidentiality interests;

(5) unjustifiably creates a disturbance that prevents a class from conducting its work;

(6) unjustifiably creates a disturbance that prevents the ability to study or perform school work in a designated study area or library;

(7) takes place in an area or building that would otherwise be inaccessible for speech or physical access at that time of day; or

(8) is otherwise directly incompatible with the functioning of a public institution of higher education.

In addition, a public institution of higher education may reasonably regulate the time, place, and manner of speech to ensure that it does not disrupt the ordinary activities of the institution. These exceptions are to be construed as narrowly as possible, and never be used in a manner that is inconsistent with an institution's commitment to a completely free and open discussion of ideas.

Section 25. Fees. If a student prevails in an action under this Act, the institution shall reimburse the Office of the Attorney General in the amount of 3 times the legal fees incurred in the action, plus the amount of damages awarded as the court shall determine.

Section 99. Effective date. This Act takes effect upon becoming law.