S.F. _____ 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 group means any of 4 the following: 5 a. Recognition. 6 b. Registration. 7 c. The use of facilities of the public institution of higher 8 education for meetings or speaking purposes. 9 d. The use of channels of communication. 10 e. Funding sources that are otherwise available to other 11 student groups at the public institution of higher education. 12 2. “Campus community” means students, administrators, 13 faculty, and staff at a public institution of higher education 14 and guests invited to the public institution of higher 15 education by the institution’s students, administrators, 16 faculty, or staff. 17 3. “Outdoor areas of campus” means the generally accessible 18 outside areas of campus where students, administrators, 19 faculty, and staff at the public institution of higher 20 education are commonly allowed, such as grassy areas, walkways, 21 or other similar common areas and does not include outdoor 22 areas where access is restricted to a majority of the campus 23 community. 24 4. “Public institution of higher education” means a community 25 college established under chapter 260C or an institution of 26 higher learning governed by the state board of regents. 27 5. “Student” means any person who is enrolled on a full-time 28 or part-time basis at a public institution of higher education. 29 6. “Student organization” means an officially recognized 30 group at a public institution of higher education, or a group 31 seeking official recognition, comprised of students who are 32 admitted and in attendance at the public institution of higher 33 education, and who receive, or are seeking to receive, benefits 34 through the public institution of higher education. 35 -1- LSB 5524XC (4) 87 kh/rj 1/ 9

S.F. _____ Sec. 2. NEW SECTION . 261H.2 Policy adoption. 1 The state board of regents and the board of directors of each 2 community college shall adopt a policy that includes all of the 3 following statements: 4 1. That the primary function of an institution of higher 5 education is the discovery, improvement, transmission, and 6 dissemination of knowledge by means of research, teaching, 7 discussion, and debate. This statement shall provide that, to 8 fulfill this function, the institution must strive to ensure 9 the fullest degree of intellectual freedom and free expression. 10 2. That it is not the proper role of the institution to 11 shield individuals from speech protected by the first amendment 12 of the Constitution of the United States, including, without 13 limitation, ideas and opinions the individuals find unwelcome, 14 disagreeable, or even deeply offensive. 15 3. That students and faculty have the freedom to discuss 16 any problem that presents itself, as the first amendment of 17 the Constitution of the United States permits, within the 18 limits of reasonable viewpoint-neutral and content-neutral 19 restrictions on time, place, and manner of expression that 20 are consistent with this chapter and that are necessary to 21 achieve a significant institutional interest; provided that 22 these restrictions are clear, published, and provide for ample 23 alternative means of expression. 24 4. That students and faculty shall be permitted to assemble 25 and engage in spontaneous expressive activity as long as 26 such activity is not unlawful and does not materially and 27 substantially disrupt the functioning of the institution, 28 subject to the reasonable restrictions described in subsection 29 3. 30 5. That the public areas of campuses of the institution 31 are traditional public forums, open on the same terms to any 32 invited speaker. 33 Sec. 3. NEW SECTION . 261H.3 Protected activities. 34 1. Expressive activities protected under the provisions 35 -2- LSB 5524XC (4) 87 kh/rj 2/ 9

S.F. _____ of this chapter include any lawful verbal or written means 1 by which individuals may communicate ideas to one another, 2 including all forms of peaceful assembly, protests, speeches 3 including by invited speakers, distribution of literature, 4 carrying signs, and circulating petitions. 5 2. Any person who wishes to engage in noncommercial 6 expressive activity on campus shall be permitted to do so 7 freely, as long as the person’s conduct is not unlawful and 8 does not materially and substantially disrupt the functioning 9 of the public institution of higher education, subject to the 10 protections of subsection 1. 11 3. A public institution of higher education shall not deny 12 a belief-based student organization any benefit or privilege 13 available to any other student organization, or otherwise 14 discriminate against a belief-based student organization, based 15 on the expression of the belief-based student organization 16 or on the expression of any member of the belief-based 17 organization, and shall not deny any such benefit or privilege 18 based on a requirement that the leaders or members of the 19 belief-based student organization do any of the following: 20 a. Affirm and adhere to the belief-based student 21 organization’s sincerely held beliefs. 22 b. Comply with the belief-based student organization’s 23 standards of conduct. 24 c. Further the belief-based student organization’s mission 25 or purpose as defined by the belief-based student organization. 26 4. This section shall not be interpreted as limiting the 27 right of student expression in a counter demonstration held 28 elsewhere on campus as long as the conduct at the counter 29 demonstration is not unlawful and does not materially and 30 substantially prohibit the free expression rights of others on 31 campus or materially and substantially disrupt the functioning 32 of the public institution of higher education. 33 5. This section shall not be interpreted as preventing 34 public institutions of higher education from prohibiting, 35 -3- LSB 5524XC (4) 87 kh/rj 3/ 9

S.F. _____ limiting, or restricting expression that the first amendment 1 of the Constitution of the United States does not protect, 2 including but not limited to a threat of serious harm and 3 expression directed or likely directed to provoke imminent 4 unlawful actions; or from prohibiting harassment, including 5 but not limited to expression which is so severe, pervasive, 6 and subjectively and objectively offensive that the expression 7 unreasonably interferes with an individual’s access to 8 educational opportunities or benefits provided by a public 9 institution of higher education. 10 Sec. 4. NEW SECTION . 261H.4 Public forums on campus —— 11 freedom of association. 12 The outdoor areas of campuses of public institutions of 13 higher education in this state shall be deemed traditional 14 public forums. Public institutions of higher education 15 may maintain and enforce reasonable time, place, and manner 16 restrictions narrowly tailored to serve a significant 17 institutional interest only when such restrictions employ 18 clear, published, viewpoint-neutral and content-neutral 19 criteria, and provide for ample alternative means of 20 expression. Such restrictions shall allow for members of the 21 campus community to engage in spontaneous expressive activity 22 and to distribute literature. 23 Sec. 5. NEW SECTION . 261H.5 Educational materials —— 24 responsibilities —— report. 25 1. A public institution of higher education shall do all of 26 the following: 27 a. Publicize the institution’s policies, regulations, and 28 expectations of students regarding free expression, public 29 forums, and freedom of assembly on campus in handbooks, on the 30 institution’s internet site, and through orientation programs. 31 b. Develop materials, programs, and procedures to ensure 32 that persons who have responsibility for the discipline 33 or education of students, including but not limited to 34 administrators, campus police officers, residence life 35 -4- LSB 5524XC (4) 87 kh/rj 4/ 9

S.F. _____ officials, and professors, understand the policies, 1 regulations, and duties of public institutions of higher 2 education regarding free expression on campus consistent with 3 this chapter. 4 2. A public institution of higher education shall publicly 5 post on the institution’s internet site and, by December 1 6 annually, submit to the governor and the general assembly, a 7 report detailing actions taken by the institution to comply 8 with this chapter. The internet posting must be concise and 9 easily accessible, searchable by keywords and phrases, and 10 accessible to the public without requiring registration, a 11 username, a password, or any other user identification. The 12 posting shall include all of the following: 13 a. A description of any barriers to or incidents of 14 disruption of free expression occurring on campus, including 15 but not limited to attempts to block or prohibit invited 16 speakers and investigations into students or student 17 organizations regarding their speech. The description shall 18 include the nature of each barrier or incident, as well 19 any disciplinary action taken against members of the campus 20 community determined to be responsible for the specific barrier 21 or incident. The description shall not contain any student’s 22 personally identifiable information. 23 b. Any other information the public institution of higher 24 education deems valuable for the public to evaluate whether 25 free expression rights for all members of the campus community 26 have been equally protected and enforced consistent with this 27 chapter. 28 c. Information pertaining to any lawsuit filed or proceeding 29 within the current academic year against the institution 30 for an alleged violation of a right of a member of the 31 campus community guaranteed under the first amendment of the 32 Constitution of the United States. The information shall 33 include a copy of the complaint in the lawsuit which shall also 34 be submitted by the institution to the governor and the general 35 -5- LSB 5524XC (4) 87 kh/rj 5/ 9

S.F. _____ assembly within thirty days of the filing of the lawsuit. 1 Sec. 6. NEW SECTION . 261H.6 Civil remedies —— statute of 2 limitations —— immunity. 3 1. A person or student organization aggrieved by a violation 4 of this chapter may bring an action against the public 5 institution of higher education responsible for the violation 6 and seek appropriate relief, including but not limited to 7 injunctive relief, monetary damages, reasonable attorney fees, 8 and court costs. 9 2. A person or student organization aggrieved by a violation 10 of this chapter may assert such violation as a defense 11 or counterclaim in a disciplinary action or in a civil or 12 administrative proceeding brought against the person or student 13 organization. 14 3. A person or student organization shall bring suit for 15 violation of this chapter pursuant to this section not later 16 than one year after the day the cause of action accrues. For 17 purposes of calculating the one-year limitation period, each 18 day that the violation persists, and each day that a policy in 19 violation of this chapter remains in effect, shall constitute 20 a new violation of this chapter and, therefore, a new day on 21 which a cause of action accrues. 22 4. This section shall not be interpreted to limit any other 23 remedies available to a person or student organization. 24 5. The state waives immunity under the eleventh amendment 25 of the Constitution of the United States and consents to suit 26 in a federal court for lawsuits arising out of this chapter. 27 A public institution of higher education that violates this 28 chapter is not immune from suit or liability for the violation. 29 Sec. 7. IMPLEMENTATION OF ACT. Section 25B.2, subsection 30 3, shall not apply to this Act. 31 Sec. 8. EFFECTIVE DATE. This Act, being deemed of immediate 32 importance, takes effect upon enactment. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -6- LSB 5524XC (4) 87 kh/rj 6/ 9

S.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill relates to public forums, freedom of expression, 2 and freedom of association at community colleges and regents 3 universities. 4 DEFINITIONS. The bill defines “benefit”, “campus 5 community”, “outdoor areas of campus”, “public institution of 6 higher education”, “student”, and “student organization” for 7 purposes of the new Code chapter established by the bill. 8 POLICY ADOPTION. The bill requires the boards governing 9 the public postsecondary institutions to adopt a policy that 10 includes statements describing the functions and rules of 11 institutions with regard to learning; protected speech; the 12 freedom to discuss issues within the limits of reasonable 13 viewpoint-neutral and content-neutral restrictions on time, 14 place, and manner of expression; freedom to assemble and engage 15 in spontaneous expressive activities that are not unlawful and 16 do not materially and substantially disrupt the functioning of 17 the institution; and public areas of campuses as traditional 18 public forums. 19 PROTECTED ACTIVITIES. Protected activities include any 20 expressive activities protected under the provisions of lawful 21 verbal or written means to communicate ideas, including all 22 forms of peaceful assembly, protests, speeches and invited 23 speakers, distribution of literature, carrying signs, and 24 circulating petitions. Any person who wishes to engage in 25 noncommercial expressive activity on campus shall be permitted 26 to do so freely as long as the conduct is not unlawful and not 27 materially and substantially disruptive. However, nothing in 28 the bill shall be interpreted as preventing the institutions 29 from prohibiting, limiting, or restricting unprotected 30 expression. 31 A public postsecondary institution shall not deny a 32 belief-based student organization any benefit or privilege 33 available to any other student organization. However, nothing 34 in the bill shall be interpreted as limiting the right of 35 -7- LSB 5524XC (4) 87 kh/rj 7/ 9

S.F. _____ student expression in a counter demonstration held elsewhere 1 on campus so long as the conduct at the counter demonstration 2 is not unlawful and does not prohibit the free expression 3 rights of others or materially and substantially disrupt the 4 functioning of the institution of higher education. 5 PUBLIC FORUMS ON CAMPUS —— FREEDOM OF ASSOCIATION. The 6 bill requires that the outdoor areas of campuses of public 7 postsecondary institutions be deemed traditional public 8 forums. The institutions may maintain and enforce reasonable 9 restrictions only when such restrictions employ clear, 10 published, viewpoint-neutral and content-neutral criteria, and 11 provide for ample alternative means of expression. 12 EDUCATIONAL MATERIALS —— RESPONSIBILITIES —— REPORT. 13 Each public postsecondary institution must publicize the 14 institution’s policies, regulations, and expectations of 15 students regarding free expression, public forums, and freedom 16 of assembly on campus in handbooks, on the institution’s 17 internet site, and through orientation programs; must develop 18 educational materials, programs, and procedures, relating 19 to free expression, for persons who have responsibility for 20 discipline or education of students; and must publicly post 21 on its internet site and submit to the governor and the 22 general assembly information that includes a description of 23 any barriers to or incidents of disruption of free expression 24 as well as information pertaining to any lawsuit filed or 25 proceeding within the current academic year against the 26 institution for an alleged violation of a right of a member of 27 the campus community guaranteed under the first amendment of 28 the Constitution of the United States. 29 CIVIL REMEDIES, STATUTE OF LIMITATIONS, AND IMMUNITY 30 PROVISIONS. Any aggrieved person or student organization may 31 bring an action against the institution responsible for a 32 violation of the Code chapter and seek appropriate relief, and 33 may assert such violation as a defense or counterclaim. 34 A person has one year after the day the cause of action 35 -8- LSB 5524XC (4) 87 kh/rj 8/ 9

S.F. _____ accrues to bring suit for violation of the Code chapter. 1 However, nothing in the bill shall be interpreted to limit any 2 other available remedies to a person. 3 The state waives immunity under the 11th amendment of the 4 Constitution of the United States and consents to suit in a 5 federal court for lawsuits arising out of the Code chapter. 6 STATE MANDATE —— INAPPLICABILITY PROVISION. The bill may 7 include a state mandate as defined in Code section 25B.3. The 8 bill makes inapplicable Code section 25B.2, subsection 3, which 9 would relieve a political subdivision from complying with a 10 state mandate if funding for the cost of the state mandate is 11 not provided or specified. Therefore, political subdivisions 12 are required to comply with any state mandate included in the 13 bill. 14 EFFECTIVE DATE. The bill takes effect upon enactment. 15 -9- LSB 5524XC (4) 87 kh/rj 9/ 9