S.F. 2344 Section 1. NEW SECTION . 261H.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Benefit” with respect to a student organization at 4 a public institution of higher education means any of the 5 following: 6 a. Recognition. 7 b. Registration. 8 c. Use of facilities for meetings or speaking purposes. 9 d. Use of channels of communication. 10 e. Access to funding sources that are otherwise available 11 to other student groups. 12 2. “Campus community” means students, administrators, 13 faculty, and staff at a public institution of higher education 14 and guests invited to a public institution of higher education 15 by the institution’s students, administrators, faculty, or 16 staff. 17 3. “Outdoor areas of campus” means the generally accessible 18 outside areas of campus where students, administrators, 19 faculty, and staff at a public institution of higher education 20 are commonly allowed, such as grassy areas, walkways, or other 21 similar common areas and does not include areas outside health 22 care facilities, veterinary medicine facilities, a facility 23 or outdoor area used by the institution’s athletics program 24 or teams, or other outdoor areas where access is restricted 25 to a majority of the campus community. In recognition of the 26 healing environment that is essential to its clinical purposes, 27 the areas outside health care facilities are not a traditional 28 or designated public forum. 29 4. “Public institution of higher education” means a community 30 college established under chapter 260C or an institution of 31 higher learning governed by the state board of regents. 32 5. “Student” means an individual who is enrolled on a 33 full-time or part-time basis at a public institution of higher 34 education. 35 -1- LSB 5524SV (2) 87 kh/rj 1/ 7

S.F. 2344 6. “Student organization” means a group officially 1 recognized at or officially registered by a public institution 2 of higher education, or a group seeking such official 3 recognition or official registration, comprised of students who 4 are admitted and in attendance at the public institution of 5 higher education, and who receive, or are seeking to receive, 6 student organization benefits or privileges through the public 7 institution of higher education. 8 Sec. 2. NEW SECTION . 261H.2 Policy adoption. 9 The state board of regents and the board of directors of each 10 community college shall adopt a policy that includes all of the 11 following statements: 12 1. That the primary function of an institution of higher 13 education is the discovery, improvement, transmission, and 14 dissemination of knowledge by means of research, teaching, 15 discussion, and debate. This statement shall provide that, to 16 fulfill this function, the institution must strive to ensure 17 the fullest degree of intellectual freedom and free expression 18 allowed under the first amendment to the Constitution of the 19 United States. 20 2. a. That it is not the proper role of an institution of 21 higher education to shield individuals from speech protected by 22 the first amendment to the Constitution of the United States, 23 which may include ideas and opinions the individual finds 24 unwelcome, disagreeable, or even offensive. 25 b. That it is the proper role of an institution of higher 26 education to encourage diversity of thoughts, ideas, and 27 opinions and to encourage, within the bounds of the first 28 amendment to the Constitution of the United States, the 29 peaceful, respectful, and safe exercise of first amendment 30 rights. 31 3. That students and faculty have the freedom to discuss 32 any problem that presents itself, assemble, and engage in 33 spontaneous expressive activity on campus, within the bounds 34 of established principles of the first amendment to the 35 -2- LSB 5524SV (2) 87 kh/rj 2/ 7

S.F. 2344 Constitution of the United States, and subject to reasonable 1 time, place, and manner restrictions that are consistent with 2 established first amendment principles. 3 4. That the public areas of campus of an institution 4 of higher education are traditional public forums, open on 5 the same terms to any invited speaker subject to reasonable 6 time, place, and manner restrictions that are consistent 7 with established principles of the first amendment to the 8 Constitution of the United States. 9 Sec. 3. NEW SECTION . 261H.3 Protected activities. 10 1. Noncommercial expressive activities protected under the 11 provisions of this chapter include any lawful oral or written 12 means by which members of the campus community may communicate 13 ideas to one another, including all forms of peaceful assembly, 14 protests, speeches including by invited speakers, distribution 15 of literature, and circulating petitions. 16 2. A member of the campus community who wishes to engage in 17 noncommercial expressive activity in outdoor areas of campus 18 shall be permitted to do so freely, subject to reasonable 19 time, place, and manner restrictions that are consistent 20 with established principles of the first amendment to the 21 Constitution of the United States, and as long as the member’s 22 conduct is not unlawful and does not disrupt the functioning 23 of the public institution of higher education, subject to the 24 protections of subsection 1. The public institution of higher 25 education may designate other areas of campus available for 26 use by the campus community according to institutional policy, 27 but in all cases access to designated areas of campus must be 28 granted on a content-neutral and viewpoint-neutral basis within 29 the bounds of established first amendment principles. 30 3. A public institution of higher education shall not deny 31 benefits or privileges available to student organizations based 32 on the viewpoint of a student organization or the expression 33 of the viewpoint of a student organization by the student 34 organization or its members protected by the first amendment to 35 -3- LSB 5524SV (2) 87 kh/rj 3/ 7

S.F. 2344 the Constitution of the United States. In addition, a public 1 institution of higher education shall not deny any benefit 2 or privilege to a student organization based on the student 3 organization’s requirement that the leaders of the student 4 organization affirm or agree to the student organization’s 5 beliefs or standards of conduct or further the student 6 organization’s mission. 7 4. A public institution of higher education may prohibit 8 student organizations from discriminating against members 9 or prospective members on the basis of any protected status 10 recognized by federal or state law. 11 5. This section shall not be interpreted as limiting the 12 right of student expression in a counter demonstration held on 13 campus as long as the conduct at the counter demonstration is 14 not unlawful and does not materially and substantially prohibit 15 the free expression rights of others on campus or disrupt the 16 functioning of the public institution of higher education, 17 subject to reasonable time, place, and manner restrictions 18 that are consistent with established principles of the first 19 amendment to the Constitution of the United States. 20 6. Nothing in this chapter shall be interpreted as 21 preventing public institutions of higher education from 22 prohibiting, limiting, or restricting expression that is not 23 protected by the first amendment to the Constitution of the 24 United States. 25 Sec. 4. NEW SECTION . 261H.4 Public forums on campus —— 26 freedom of association. 27 The outdoor areas of campuses of public institutions of 28 higher education in this state shall be deemed traditional 29 public forums. Public institutions of higher education 30 may maintain and enforce reasonable time, place, and manner 31 restrictions consistent with established principles of the 32 first amendment to the Constitution of the United States. Such 33 restrictions shall allow for members of the campus community 34 to engage in spontaneous expressive activity and to distribute 35 -4- LSB 5524SV (2) 87 kh/rj 4/ 7

S.F. 2344 literature. 1 Sec. 5. NEW SECTION . 261H.5 Remedies —— statute of 2 limitations —— immunity. 3 1. A member of the campus community aggrieved by a violation 4 of this chapter may file a complaint with the governing body of 5 the public institution of higher education. 6 2. A member of the campus community aggrieved by a violation 7 of this chapter may assert such violation as a defense 8 or counterclaim in a disciplinary action or in a civil or 9 administrative proceeding brought against the member of the 10 campus community. 11 3. A member of the campus community shall bring a claim for 12 violation of this chapter pursuant to this section not later 13 than one year after the day the cause of action accrues. 14 4. This section shall not be interpreted to limit any other 15 remedies available to a member of the campus community. 16 5. Nothing in this section shall be construed to make 17 any administrator, officer, employee, or agent of a public 18 institution of higher education personally liable for acts 19 taken pursuant to the individual’s official duties. 20 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection 21 3, shall not apply to this Act. 22 Sec. 7. EFFECTIVE DATE. This Act, being deemed of immediate 23 importance, takes effect upon enactment. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to public forums, freedom of expression, 28 and freedom of association at community colleges and regents 29 universities. 30 DEFINITIONS. The bill defines “benefit”, “campus 31 community”, “outdoor areas of campus”, “public institution of 32 higher education”, “student”, and “student organization” for 33 purposes of the new Code chapter established by the bill. 34 POLICY ADOPTION. The bill requires the boards governing 35 -5- LSB 5524SV (2) 87 kh/rj 5/ 7

S.F. 2344 the public postsecondary institutions to adopt a policy that 1 includes statements describing the functions and roles of 2 institutions with regard to knowledge; protected speech; 3 the freedom to discuss within the bounds of the established 4 principles of the first amendment to the United States 5 Constitution; freedom to assemble and engage in spontaneous 6 expressive activities subject to reasonable time, place, 7 and manner restrictions; and public areas of campuses as 8 traditional public forums. 9 PROTECTED ACTIVITIES. Protected activities include 10 noncommercial expressive activities including oral or written 11 means to communicate ideas, including all forms of peaceful 12 assembly, protests, speeches including by invited speakers, 13 distribution of literature, and circulating petitions. A 14 member of the campus community who wishes to engage in 15 noncommercial expressive activity on campus shall be permitted 16 to do so freely subject to reasonable time, place, and 17 manner restrictions. However, nothing in the bill shall be 18 interpreted as preventing the institutions from prohibiting, 19 limiting, or restricting unprotected expression. 20 A public postsecondary institution shall not deny a student 21 organization any benefit or privilege available to any other 22 student organization. However, nothing in the bill shall be 23 interpreted as limiting the right of student expression in a 24 counter demonstration held on campus so long as the conduct 25 at the counter demonstration is not unlawful and does not 26 materially and substantially prohibit the free expression 27 rights of others or disrupt the functioning of the institution. 28 PUBLIC FORUMS ON CAMPUS —— FREEDOM OF ASSOCIATION. The 29 bill requires that the outdoor areas of campuses of public 30 postsecondary institutions be deemed traditional public forums. 31 The institutions may maintain and enforce reasonable time, 32 place, and manner restrictions consistent with first amendment 33 established principles. 34 REMEDIES, STATUTE OF LIMITATIONS, AND IMMUNITY PROVISIONS. 35 -6- LSB 5524SV (2) 87 kh/rj 6/ 7

S.F. 2344 An aggrieved member of the campus community may bring an action 1 against the institution responsible for a violation of the 2 Code chapter and seek appropriate relief, and may assert such 3 violation as a defense or counterclaim. 4 Such person has one year after the day the cause of action 5 accrues to bring a claim for violation of the Code chapter. 6 However, nothing in the bill shall be interpreted to limit any 7 other available remedies to a member of the campus community. 8 STATE MANDATE —— INAPPLICABILITY PROVISION. The bill may 9 include a state mandate as defined in Code section 25B.3. The 10 bill makes inapplicable Code section 25B.2, subsection 3, which 11 would relieve a political subdivision from complying with a 12 state mandate if funding for the cost of the state mandate is 13 not provided or specified. Therefore, political subdivisions 14 are required to comply with any state mandate included in the 15 bill. 16 EFFECTIVE DATE. The bill takes effect upon enactment. 17 -7- LSB 5524SV (2) 87 kh/rj 7/ 7