Senate
File
274
-
Enrolled
Senate
File
274
AN
ACT
RELATING
TO
SPEECH
AND
EXPRESSION
AT
PUBLIC
INSTITUTIONS
OF
HIGHER
EDUCATION,
PROVIDING
FOR
REMEDIES,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
261H.1
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Benefit”
with
respect
to
a
student
organization
at
a
public
institution
of
higher
education
means
any
of
the
following:
a.
Recognition.
b.
Registration.
c.
Use
of
facilities
for
meetings
or
speaking
purposes.
d.
Use
of
channels
of
communication.
e.
Access
to
funding
sources
that
are
otherwise
available
to
other
student
groups.
2.
“Campus
community”
means
students,
administrators,
faculty,
and
staff
at
a
public
institution
of
higher
education
and
guests
invited
to
a
public
institution
of
higher
education
by
the
institution’s
students,
administrators,
faculty,
or
staff.
3.
“Materially
and
substantially
disrupts”
means
when
a
person,
with
the
intent
to
or
with
knowledge
of
doing
so,
engages
in
violent
or
other
disorderly
conduct
that
significantly
hinders
a
previously
scheduled
or
reserved
Senate
File
274,
p.
2
activity
occurring
on
university
grounds,
buildings,
and
facilities.
“Materially
and
substantially
disrupts”
does
not
include
conduct
that
is
protected
under
the
first
amendment
to
the
Constitution
of
the
United
States,
including
but
not
limited
to
lawful
protests
and
counterprotests.
4.
“Outdoor
areas
of
campus”
means
the
generally
accessible
outside
areas
of
campus
where
students,
administrators,
faculty,
and
staff
at
a
public
institution
of
higher
education
are
commonly
allowed,
such
as
grassy
areas,
walkways,
or
other
similar
common
areas
and
does
not
include
areas
outside
health
care
facilities
including
both
stand-alone
facilities
and
mixed-use
facilities
that
are
embedded
within
another
facility,
veterinary
medicine
facilities,
a
facility
or
outdoor
area
used
by
the
institution’s
athletics
program
or
teams,
or
other
outdoor
areas
where
access
is
restricted
to
a
majority
of
the
campus
community.
In
recognition
of
the
healing
environment
that
is
essential
to
its
clinical
purposes,
the
areas
outside
health
care
facilities,
including
both
stand-alone
facilities
and
mixed-use
facilities
that
are
embedded
within
another
facility,
are
not
designated
public
forums.
5.
“Public
institution
of
higher
education”
means
a
community
college
established
under
chapter
260C
or
an
institution
of
higher
learning
governed
by
the
state
board
of
regents.
6.
“Student”
means
an
individual
who
is
enrolled
on
a
full-time
or
part-time
basis
at
a
public
institution
of
higher
education.
7.
“Student
organization”
means
a
group
officially
recognized
at
or
officially
registered
by
a
public
institution
of
higher
education,
or
a
group
seeking
such
official
recognition
or
official
registration,
comprised
of
students
who
are
admitted
and
in
attendance
at
the
public
institution
of
higher
education,
and
who
receive,
or
are
seeking
to
receive,
student
organization
benefits
or
privileges
through
the
public
institution
of
higher
education.
Sec.
2.
NEW
SECTION
.
261H.2
Policy
adoption.
The
state
board
of
regents
and
the
board
of
directors
of
each
community
college
shall
adopt
a
policy
that
includes
all
of
the
following
statements:
1.
That
the
primary
function
of
an
institution
of
higher
Senate
File
274,
p.
3
education
is
the
discovery,
improvement,
transmission,
and
dissemination
of
knowledge
by
means
of
research,
teaching,
discussion,
and
debate.
This
statement
shall
provide
that,
to
fulfill
this
function,
the
institution
must
strive
to
ensure
the
fullest
degree
of
intellectual
freedom
and
free
expression
allowed
under
the
first
amendment
to
the
Constitution
of
the
United
States.
2.
a.
That
it
is
not
the
proper
role
of
an
institution
of
higher
education
to
shield
individuals
from
speech
protected
by
the
first
amendment
to
the
Constitution
of
the
United
States,
which
may
include
ideas
and
opinions
the
individual
finds
unwelcome,
disagreeable,
or
even
offensive.
b.
That
it
is
the
proper
role
of
an
institution
of
higher
education
to
encourage
diversity
of
thoughts,
ideas,
and
opinions
and
to
encourage,
within
the
bounds
of
the
first
amendment
to
the
Constitution
of
the
United
States,
the
peaceful,
respectful,
and
safe
exercise
of
first
amendment
rights.
3.
That
students
and
faculty
have
the
freedom
to
discuss
any
problem
that
presents
itself,
assemble,
and
engage
in
spontaneous
expressive
activity
on
campus,
within
the
bounds
of
established
principles
of
the
first
amendment
to
the
Constitution
of
the
United
States,
and
subject
to
reasonable
time,
place,
and
manner
restrictions
that
are
consistent
with
established
first
amendment
principles.
4.
That
the
outdoor
areas
of
campus
of
an
institution
of
higher
education
are
public
forums,
open
on
the
same
terms
to
any
invited
speaker
subject
to
reasonable
time,
place,
and
manner
restrictions
that
are
consistent
with
established
principles
of
the
first
amendment
to
the
Constitution
of
the
United
States.
Sec.
3.
NEW
SECTION
.
261H.3
Protected
activities.
1.
Noncommercial
expressive
activities
protected
under
the
provisions
of
this
chapter
include
but
are
not
limited
to
any
lawful
oral
or
written
means
by
which
members
of
the
campus
community
may
communicate
ideas
to
one
another,
including
but
not
limited
to
all
forms
of
peaceful
assembly,
protests,
speeches
including
by
invited
speakers,
distribution
of
literature,
circulating
petitions,
and
publishing,
including
Senate
File
274,
p.
4
publishing
or
streaming
on
an
internet
site,
audio
or
video
recorded
in
outdoor
areas
of
campus.
2.
A
member
of
the
campus
community
who
wishes
to
engage
in
noncommercial
expressive
activity
in
outdoor
areas
of
campus
shall
be
permitted
to
do
so
freely,
subject
to
reasonable
time,
place,
and
manner
restrictions,
and
as
long
as
the
member’s
conduct
is
not
unlawful,
does
not
impede
others’
access
to
a
facility
or
use
of
walkways,
and
does
not
disrupt
the
functioning
of
the
public
institution
of
higher
education,
subject
to
the
protections
of
subsection
1.
The
public
institution
of
higher
education
may
designate
other
areas
of
campus
available
for
use
by
the
campus
community
according
to
institutional
policy,
but
in
all
cases
access
to
designated
areas
of
campus
must
be
granted
on
a
viewpoint-neutral
basis
within
the
bounds
of
established
first
amendment
principles.
3.
A
public
institution
of
higher
education
shall
not
deny
benefits
or
privileges
available
to
student
organizations
based
on
the
viewpoint
of
a
student
organization
or
the
expression
of
the
viewpoint
of
a
student
organization
by
the
student
organization
or
its
members
protected
by
the
first
amendment
to
the
Constitution
of
the
United
States.
In
addition,
a
public
institution
of
higher
education
shall
not
deny
any
benefit
or
privilege
to
a
student
organization
based
on
the
student
organization’s
requirement
that
the
leaders
of
the
student
organization
agree
to
and
support
the
student
organization’s
beliefs,
as
those
beliefs
are
interpreted
and
applied
by
the
organization,
and
to
further
the
student
organization’s
mission.
4.
This
section
shall
not
be
interpreted
as
limiting
the
right
of
student
expression
in
a
counter
demonstration
held
in
an
outdoor
area
of
campus
as
long
as
the
conduct
at
the
counter
demonstration
is
not
unlawful,
does
not
materially
and
substantially
prohibit
the
free
expression
rights
of
others
in
an
outdoor
area
of
campus
or
disrupt
the
functioning
of
the
public
institution
of
higher
education,
and
does
not
impede
others’
access
to
a
facility
or
use
of
walkways,
subject
to
reasonable
time,
place,
and
manner
restrictions
that
are
consistent
with
established
principles
of
the
first
amendment
to
the
Constitution
of
the
United
States.
Senate
File
274,
p.
5
5.
This
chapter
shall
not
be
interpreted
as
preventing
public
institutions
of
higher
education
from
prohibiting,
limiting,
or
restricting
expression
that
the
first
amendment
of
the
Constitution
of
the
United
States
does
not
protect,
including
but
not
limited
to
a
threat
of
serious
harm
and
expression
directed
or
likely
directed
to
provoke
imminent
unlawful
actions;
or
from
prohibiting
harassment,
including
but
not
limited
to
expression
which
is
so
severe,
pervasive,
and
subjectively
and
objectively
offensive
that
the
expression
unreasonably
interferes
with
an
individual’s
access
to
educational
opportunities
or
benefits
provided
by
a
public
institution
of
higher
education.
Sec.
4.
NEW
SECTION
.
261H.4
Public
forums
on
campus
——
freedom
of
association.
1.
The
outdoor
areas
of
campuses
of
public
institutions
of
higher
education
in
this
state
shall
be
deemed
public
forums.
Public
institutions
of
higher
education
may
maintain
and
enforce
clear,
published,
reasonable
viewpoint-neutral
time,
place,
and
manner
restrictions
that
are
narrowly
tailored
in
furtherance
of
a
significant
institutional
interest,
but
shall
allow
members
of
the
campus
community
to
engage
in
spontaneous
expressive
activity
and
to
distribute
literature.
Restrictions
instituted
by
a
public
institution
of
higher
education
under
this
section
shall
provide
for
ample
alternative
means
of
expression.
2.
Except
as
provided
in
this
chapter,
and
subject
to
reasonable
time,
place,
and
manner
restrictions,
a
public
institution
of
higher
education
shall
not
designate
any
area
of
campus
a
free-speech
zone
or
otherwise
create
policies
restricting
expressive
activities
to
a
particular
outdoor
area
of
campus.
3.
Nothing
in
this
chapter
shall
be
construed
to
grant
individuals
the
right
to
engage
in
conduct
that
intentionally,
materially,
and
substantially
disrupts
the
expressive
activity
of
a
person
or
student
organization
if
the
public
institution
of
higher
education
has
reserved
space
in
an
outdoor
area
of
campus
for
activity
by
the
person
or
student
organization
in
accordance
with
this
chapter.
Senate
File
274,
p.
6
Sec.
5.
NEW
SECTION
.
261H.5
Remedies
——
statute
of
limitations
——
immunity.
1.
A
member
of
the
campus
community
aggrieved
by
a
violation
of
this
chapter
may
file
a
complaint
with
the
governing
body
of
the
public
institution
of
higher
education.
2.
A
member
of
the
campus
community
aggrieved
by
a
violation
of
this
chapter
may
assert
such
violation
as
a
defense
or
counterclaim
in
a
disciplinary
action
or
in
a
civil
or
administrative
proceeding
brought
against
the
member
of
the
campus
community.
3.
A
member
of
the
campus
community
shall
bring
a
claim
for
violation
of
this
chapter
pursuant
to
this
section
not
later
than
one
year
after
the
day
the
cause
of
action
accrues.
4.
This
section
shall
not
be
interpreted
to
limit
any
other
remedies
available
to
a
member
of
the
campus
community.
5.
Nothing
in
this
section
shall
be
construed
to
make
any
administrator,
officer,
employee,
or
agent
of
a
public
institution
of
higher
education
personally
liable
for
acts
taken
pursuant
to
the
individual’s
official
duties.
Sec.
6.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
3,
shall
not
apply
to
this
Act.
Sec.
7.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
______________________________
LINDA
UPMEYER
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
274,
Eighty-eighth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2019
______________________________
KIM
REYNOLDS
Governor