Full Text of SB2897 103rd General Assembly
SB2897 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2897 Introduced 1/26/2024, by Sen. Tom Bennett SYNOPSIS AS INTRODUCED: | | | Creates the Campus Free Speech Act. Requires the governing board of each public university and community college to develop and adopt a policy on free expression; sets forth what the policy must contain. Requires the Board of Higher Education to create a Committee on Free Expression to issue an annual report. Requires public institutions of higher education to include in their freshman orientation programs a section describing to all students the policies and rules regarding free expression that are consistent with the Act. Contains provisions concerning rules, construction of the Act, and enforcement. |
| |
| | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
| |
| | A BILL FOR |
| | | | SB2897 | | LRB103 38302 RJT 68437 b |
|
| 1 | | AN ACT concerning education. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 1. Short title. This Act may be cited as the Campus | 5 | | Free Speech Act. | 6 | | Section 5. Legislative findings. The General Assembly | 7 | | finds the following: | 8 | | (1) Section 4 of Article I of the Illinois | 9 | | Constitution recognizes that "all persons may speak, write | 10 | | and publish freely, being responsible for the abuse of | 11 | | that liberty. In trials for libel, both civil and | 12 | | criminal, the truth, when published with good motives and | 13 | | for justifiable ends, shall be a sufficient defense". | 14 | | (2) Public institutions of higher education have | 15 | | historically embraced a commitment to freedom of | 16 | | expression in policy. | 17 | | (3) In recent years, some public institutions of | 18 | | higher education have abdicated their responsibility to | 19 | | uphold free-speech principles, and these failures make it | 20 | | appropriate for all public institutions of higher | 21 | | education to restate and confirm their commitment in this | 22 | | regard. | 23 | | (4) In 1974, the Committee on Free Expression at Yale |
| | | SB2897 | - 2 - | LRB103 38302 RJT 68437 b |
|
| 1 | | University issued a statement known as the Woodward Report | 2 | | that stands as a classic defense of free expression on | 3 | | campuses; in 2015, the Committee on Freedom of Expression | 4 | | at the University of Chicago issued a similar and widely | 5 | | respected report; and in 1967, the Kalven Committee Report | 6 | | of the University of Chicago articulated the principle of | 7 | | institutional neutrality regarding political and social | 8 | | issues and the essential role of such neutrality in | 9 | | protecting freedom of thought and expression at | 10 | | universities. The principles affirmed by these 3 highly | 11 | | regarded reports are inspiring articulations of the | 12 | | critical importance of free expression in higher | 13 | | education. | 14 | | (5) The General Assembly views freedom of expression | 15 | | as being of critical importance and requires that each | 16 | | public institution of higher education ensure free, | 17 | | robust, and uninhibited debate and deliberation by | 18 | | students of public institutions whether on or off campus. | 19 | | (6) The General Assembly has determined that it is a | 20 | | matter of statewide concern that all public institutions | 21 | | of higher education officially recognize freedom of speech | 22 | | as a fundamental right. | 23 | | Section 10. Definition. In this Act, "public institution" | 24 | | means a public university or public community college in this | 25 | | State. |
| | | SB2897 | - 3 - | LRB103 38302 RJT 68437 b |
|
| 1 | | Section 15. Policy on free expression required. The board | 2 | | of trustees of a public institution shall develop and adopt a | 3 | | policy on free expression that contains, at least, the | 4 | | following: | 5 | | (1) A statement that the primary function of an | 6 | | institution of higher education is the discovery, | 7 | | improvement, transmission, and dissemination of knowledge | 8 | | by means of research, teaching, discussion, and debate. | 9 | | This statement shall provide that, to fulfill this | 10 | | function, the institution must strive to ensure the | 11 | | fullest degree of intellectual freedom and free | 12 | | expression. | 13 | | (2) A statement that it is not the proper role of the | 14 | | institution to shield individuals from speech protected by | 15 | | the First Amendment, including, without limitation, ideas | 16 | | and opinions they find unwelcome, disagreeable, or even | 17 | | deeply offensive. | 18 | | (3) A statement that students and faculty have the | 19 | | freedom to discuss any problem that presents itself, as | 20 | | the First Amendment permits and within the limits of | 21 | | reasonable viewpoint and content-neutral restrictions on | 22 | | time, place, and manner of expression that are consistent | 23 | | with this Act and that are necessary to achieve a | 24 | | significant institutional interest; provided that these | 25 | | restrictions are clear, are published, and provide ample |
| | | SB2897 | - 4 - | LRB103 38302 RJT 68437 b |
|
| 1 | | alternative means of expression. Students and faculty | 2 | | shall be permitted to assemble and engage in spontaneous | 3 | | expressive activity as long as the activity is not | 4 | | unlawful and does not materially and substantially disrupt | 5 | | the functioning of the institution, subject to the | 6 | | requirements of this Act. | 7 | | (4) A statement that the campuses of the institution | 8 | | are open to speakers invited by students, student groups, | 9 | | or members of the faculty without regard to viewpoint or | 10 | | content of the proposed speech. If a fee applies to a | 11 | | speech by an invited speaker, the inviting students, | 12 | | student groups, or members of the faculty may not be | 13 | | charged greater or lesser amounts based on the viewpoint, | 14 | | content, or expected reaction to the speech. | 15 | | (5) A statement that the outdoor public areas of | 16 | | campuses of the institution are designated public forums, | 17 | | open on the same terms to any speaker, and that any person | 18 | | lawfully present on campus may leaflet, protest, or | 19 | | demonstrate in those outdoor public areas. | 20 | | (6) A provision setting forth the affirmative steps | 21 | | that the institution will take to protect the free-speech | 22 | | rights of invited speakers. | 23 | | (7) A provision that, in all disciplinary cases | 24 | | involving expressive conduct, students are entitled to a | 25 | | disciplinary hearing under published procedures. When | 26 | | suspension for longer than 30 days or expulsion are |
| | | SB2897 | - 5 - | LRB103 38302 RJT 68437 b |
|
| 1 | | potential penalties, students are entitled to the right to | 2 | | active assistance of counsel. | 3 | | (8) A statement that the institution may not take | 4 | | action, as an institution, on the public policy | 5 | | controversies of the day in such a way as to require | 6 | | students or faculty to publicly espouse any given | 7 | | viewpoint, provided that the institution may prescribe the | 8 | | content of its curriculum. | 9 | | (9) A statement that this policy supersedes and | 10 | | nullifies any prior provisions in the policies and | 11 | | regulations of the institution that restrict speech on | 12 | | campus and are, therefore, inconsistent with this policy | 13 | | on free expression. The institution shall remove or revise | 14 | | any such provisions in its policies and regulations to | 15 | | ensure compatibility with this policy on free expression. | 16 | | Section 20. Committee on Free Expression. | 17 | | (a) The Board of Higher Education shall create a single | 18 | | Committee on Free Expression consisting of all of the | 19 | | following members, all of whom shall serve without | 20 | | compensation: | 21 | | (1) One member representing the University of Illinois | 22 | | at Urbana-Champaign, appointed by the university's board | 23 | | of trustees. | 24 | | (2) One member representing the University of Illinois | 25 | | at Springfield, appointed by the university's board of |
| | | SB2897 | - 6 - | LRB103 38302 RJT 68437 b |
|
| 1 | | trustees. | 2 | | (3) One member representing the University of Illinois | 3 | | at Chicago, appointed by the university's board of | 4 | | trustees. | 5 | | (4) One member representing Southern Illinois | 6 | | University at Carbondale, appointed by the university's | 7 | | board of trustees. | 8 | | (5) One member representing Southern Illinois | 9 | | University at Edwardsville, appointed by the university's | 10 | | board of trustees. | 11 | | (6) One member representing Western Illinois | 12 | | University, appointed by the university's board of | 13 | | trustees. | 14 | | (7) One member representing Eastern Illinois | 15 | | University, appointed by the university's board of | 16 | | trustees. | 17 | | (8) One member representing Illinois State University, | 18 | | appointed by the university's board of trustees. | 19 | | (9) One member representing Northern Illinois | 20 | | University, appointed by the university's board of | 21 | | trustees. | 22 | | (10) One member representing Chicago State University, | 23 | | appointed by the university's board of trustees. | 24 | | (11) One member representing Governors State | 25 | | University, appointed by the university's board of | 26 | | trustees. |
| | | SB2897 | - 7 - | LRB103 38302 RJT 68437 b |
|
| 1 | | (12) One member representing Northeastern Illinois | 2 | | University, appointed by the university's board of | 3 | | trustees. | 4 | | (13) Three members representing public community | 5 | | colleges, appointed by the Illinois Community College | 6 | | Board at its discretion. | 7 | | (14) Four members representing faculty members, 2 | 8 | | appointed by the Board of Higher Education and 2 appointed | 9 | | by the Illinois Community College Board. | 10 | | (15) Four members representing students, 2 appointed | 11 | | by the Board of Higher Education and 2 appointed by the | 12 | | Illinois Community College Board. | 13 | | (b) The Committee on Free Expression shall meet initially | 14 | | at the call of the Chairperson of the Board of Higher | 15 | | Education, shall select one member as chairperson at its | 16 | | initial meeting, and shall thereafter meet at the call of that | 17 | | chairperson. The Board of Higher Education shall provide | 18 | | administrative and other support to the Committee. | 19 | | (c) The Committee on Free Expression shall report to the | 20 | | public, the Board of Higher Education, the Governor, and the | 21 | | General Assembly on September 1 of every year. The report | 22 | | shall include all of the following: | 23 | | (1) A description of any barriers to or disruptions of | 24 | | free expression within public institutions. | 25 | | (2) A description of the administrative handling and | 26 | | discipline relating to these disruptions or barriers. |
| | | SB2897 | - 8 - | LRB103 38302 RJT 68437 b |
|
| 1 | | (3) A description of substantial difficulties, | 2 | | controversies, or successes in maintaining a posture of | 3 | | administrative and institutional neutrality with regard to | 4 | | political or social issues. | 5 | | (4) Any assessments, criticisms, commendations, or | 6 | | recommendations the committee sees fit to include. | 7 | | Section 25. Freshman orientation information. Public | 8 | | institutions shall include in their freshman orientation | 9 | | programs a section describing to all students the policies and | 10 | | rules regarding free expression that are consistent with this | 11 | | Act. | 12 | | Section 30. Rules; construction of Act. The Board of | 13 | | Higher Education is authorized to adopt rules to further the | 14 | | purposes of the policies adopted pursuant to this Act. Nothing | 15 | | in this Act shall be construed to prevent public institutions | 16 | | from regulating student speech or activity that is prohibited | 17 | | by other federal, State, or local laws. | 18 | | Section 35. Enforcement. The following persons may bring | 19 | | an action in a court of competent jurisdiction to enjoin any | 20 | | violation of this Act or to recover reasonable court costs and | 21 | | attorney's fees: | 22 | | (1) The Attorney General. | 23 | | (2) A person whose expressive rights are violated by a |
| | | SB2897 | - 9 - | LRB103 38302 RJT 68437 b |
|
| 1 | | violation of this Act. | 2 | | In an action brought under this Act, if the court finds | 3 | | that a violation of this Act occurred, the court may award the | 4 | | aggrieved person injunctive relief for the violation and shall | 5 | | award reasonable court costs and attorney's fees. |
|