H.F. 316 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. a. “Materially and substantially disrupts” means when 18 a person, with the intent to or with knowledge of doing so, 19 significantly hinders another person’s expressive activity, 20 prevents the communication of another person’s message, or 21 prevents the transaction of the business of a lawful meeting, 22 gathering, or procession by doing any of the following: 23 (1) Engaging in fighting or violent or seriously disruptive 24 behavior. 25 (2) Physically blocking or significantly hindering any 26 person from attending, listening to, viewing, or otherwise 27 participating in an expressive activity. 28 b. “Materially and substantially disrupts” does not include 29 conduct that is protected under the first amendment to the 30 Constitution of the United States, including but not limited 31 to lawful protests and counter-protests in the outdoor areas 32 of campus generally accessible to the members of the public, 33 except during times when those areas have been reserved 34 in advance for other events, and minor, brief, or fleeting 35 -1- LSB 1739HH (1) 88 kh/jh 1/ 8

H.F. 316 nonviolent disruptions of events that are isolated and short 1 in duration. 2 4. “Outdoor areas of campus” means the generally accessible 3 outside areas of campus where students, administrators, 4 faculty, and staff at a public institution of higher education 5 are commonly allowed, such as grassy areas, walkways, or other 6 similar common areas and does not include areas outside health 7 care facilities, veterinary medicine facilities, a facility 8 or outdoor area used by the institution’s athletics program 9 or teams, or other outdoor areas where access is restricted 10 to a majority of the campus community. In recognition of the 11 healing environment that is essential to its clinical purposes, 12 the areas outside health care facilities are not a traditional 13 or designated public forum. 14 5. “Public institution of higher education” means a community 15 college established under chapter 260C or an institution of 16 higher learning governed by the state board of regents. 17 6. “Student” means an individual who is enrolled on a 18 full-time or part-time basis at a public institution of higher 19 education. 20 7. “Student organization” means a group officially 21 recognized at or officially registered by a public institution 22 of higher education, or a group seeking such official 23 recognition or official registration, comprised of students who 24 are admitted and in attendance at the public institution of 25 higher education, and who receive, or are seeking to receive, 26 student organization benefits or privileges through the public 27 institution of higher education. 28 Sec. 2. NEW SECTION . 261H.2 Policy adoption. 29 The state board of regents and the board of directors of each 30 community college shall adopt a policy that includes all of the 31 following statements: 32 1. That the primary function of an institution of higher 33 education is the discovery, improvement, transmission, and 34 dissemination of knowledge by means of research, teaching, 35 -2- LSB 1739HH (1) 88 kh/jh 2/ 8

H.F. 316 discussion, and debate. This statement shall provide that, to 1 fulfill this function, the institution must strive to ensure 2 the fullest degree of intellectual freedom and free expression 3 allowed under the first amendment to the Constitution of the 4 United States. 5 2. a. That it is not the proper role of an institution of 6 higher education to shield individuals from speech protected by 7 the first amendment to the Constitution of the United States, 8 which may include ideas and opinions the individual finds 9 unwelcome, disagreeable, or even offensive. 10 b. That it is the proper role of an institution of higher 11 education to encourage diversity of thoughts, ideas, and 12 opinions and to encourage, within the bounds of the first 13 amendment to the Constitution of the United States, the 14 peaceful, respectful, and safe exercise of first amendment 15 rights. 16 3. That students and faculty have the freedom to discuss 17 any problem that presents itself, assemble, and engage in 18 spontaneous expressive activity on campus, within the bounds 19 of established principles of the first amendment to the 20 Constitution of the United States, and subject to reasonable 21 time, place, and manner restrictions that are consistent with 22 established first amendment principles. 23 4. That the outdoor areas of campus of an institution 24 of higher education are traditional public forums, open on 25 the same terms to any invited speaker subject to reasonable 26 time, place, and manner restrictions that are consistent 27 with established principles of the first amendment to the 28 Constitution of the United States. 29 Sec. 3. NEW SECTION . 261H.3 Protected activities. 30 1. Noncommercial expressive activities protected under the 31 provisions of this chapter include any lawful oral or written 32 means by which members of the campus community may communicate 33 ideas to one another, including all forms of peaceful assembly, 34 protests, speeches including by invited speakers, distribution 35 -3- LSB 1739HH (1) 88 kh/jh 3/ 8

H.F. 316 of literature, circulating petitions, and publishing, including 1 publishing or streaming on an internet site, audio or video 2 recorded in outdoor areas of campus. 3 2. A member of the campus community who wishes to engage in 4 noncommercial expressive activity in outdoor areas of campus 5 shall be permitted to do so freely, 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, and as long as the member’s 9 conduct is not unlawful and does not disrupt the functioning 10 of the public institution of higher education, subject to the 11 protections of subsection 1. The public institution of higher 12 education may designate other areas of campus available for 13 use by the campus community according to institutional policy, 14 but in all cases access to designated areas of campus must be 15 granted on a content-neutral and viewpoint-neutral basis within 16 the bounds of established first amendment principles. 17 3. A public institution of higher education shall not deny 18 benefits or privileges available to student organizations based 19 on the viewpoint of a student organization or the expression 20 of the viewpoint of a student organization by the student 21 organization or its members protected by the first amendment to 22 the Constitution of the United States. In addition, a public 23 institution of higher education shall not deny any benefit 24 or privilege to a student organization based on the student 25 organization’s requirement that the leaders of the student 26 organization affirm or agree to the student organization’s 27 beliefs or standards of conduct or further the student 28 organization’s mission. 29 4. This section shall not be interpreted as limiting the 30 right of student expression in a counter demonstration held on 31 campus as long as the conduct at the counter demonstration is 32 not unlawful and does not materially and substantially prohibit 33 the free expression rights of others on campus or disrupt the 34 functioning of the public institution of higher education, 35 -4- LSB 1739HH (1) 88 kh/jh 4/ 8

H.F. 316 subject to reasonable time, place, and manner restrictions 1 that are consistent with established principles of the first 2 amendment to the Constitution of the United States. 3 5. This section shall not be interpreted as preventing 4 public institutions of higher education from prohibiting, 5 limiting, or restricting expression that the first amendment 6 of the Constitution of the United States does not protect, 7 including but not limited to a threat of serious harm and 8 expression directed or likely directed to provoke imminent 9 unlawful actions; or from prohibiting harassment, including 10 but not limited to expression which is so severe, pervasive, 11 and subjectively and objectively offensive that the expression 12 unreasonably interferes with an individual’s access to 13 educational opportunities or benefits provided by a public 14 institution of higher education. 15 Sec. 4. NEW SECTION . 261H.4 Public forums on campus —— 16 freedom of association. 17 1. The outdoor areas of campuses of public institutions 18 of higher education in this state shall be deemed traditional 19 public forums. Public institutions of higher education 20 may maintain and enforce clear, published, reasonable 21 content-neutral and viewpoint-neutral time, place, and manner 22 restrictions that are narrowly tailored in furtherance of a 23 significant institutional interest, but shall allow members 24 of the campus community to engage in spontaneous expressive 25 activity and to distribute literature. Restrictions instituted 26 by a public institution of higher education under this section 27 shall provide for ample alternative means of expression. 28 2. Except as provided in this section, a public institution 29 of higher education shall not designate any area of campus 30 a free-speech zone or otherwise create policies restricting 31 expressive activities to a particular outdoor area of campus. 32 3. Nothing in this section shall be construed to grant 33 individuals the right to engage in conduct that intentionally, 34 materially, and substantially disrupts the expressive activity 35 -5- LSB 1739HH (1) 88 kh/jh 5/ 8

H.F. 316 of a person or student organization if the public institution 1 of higher education has reserved space in an outdoor area of 2 campus for activity by the person or student organization in 3 accordance with this chapter. 4 Sec. 5. NEW SECTION . 261H.5 Remedies —— statute of 5 limitations —— immunity. 6 1. A member of the campus community aggrieved by a violation 7 of this chapter may file a complaint with the governing body of 8 the public institution of higher education. 9 2. A member of the campus community 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 member of the 13 campus community. 14 3. A member of the campus community shall bring a claim for 15 violation of this chapter pursuant to this section not later 16 than one year after the day the cause of action accrues. 17 4. This section shall not be interpreted to limit any other 18 remedies available to a member of the campus community. 19 5. Nothing in this section shall be construed to make 20 any administrator, officer, employee, or agent of a public 21 institution of higher education personally liable for acts 22 taken pursuant to the individual’s official duties. 23 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection 24 3, shall not apply to this Act. 25 Sec. 7. EFFECTIVE DATE. This Act, being deemed of immediate 26 importance, takes effect upon enactment. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to public forums, freedom of expression, 31 and freedom of association at community colleges and regents 32 universities. 33 DEFINITIONS. The bill defines “benefit”, “campus 34 community”, “materially and substantially disrupts”, outdoor 35 -6- LSB 1739HH (1) 88 kh/jh 6/ 8

H.F. 316 areas of campus”, “public institution of higher education”, 1 “student”, and “student organization” for purposes of the new 2 Code chapter established by the bill. 3 POLICY ADOPTION. The bill requires the boards governing 4 the public postsecondary institutions to adopt a policy that 5 includes statements describing the functions and roles of 6 institutions with regard to knowledge; protected speech; 7 the freedom to discuss within the bounds of the established 8 principles of the first amendment to the United States 9 Constitution; freedom to assemble and engage in spontaneous 10 expressive activities subject to reasonable time, place, 11 and manner restrictions; and public areas of campuses as 12 traditional public forums. 13 PROTECTED ACTIVITIES. Protected activities include 14 noncommercial expressive activities including oral or written 15 means to communicate ideas, including all forms of peaceful 16 assembly, protests, speeches including by invited speakers, 17 distribution of literature, and circulating petitions. A 18 member of the campus community who wishes to engage in 19 noncommercial expressive activity on campus shall be permitted 20 to do so freely subject to reasonable time, place, and manner 21 restrictions. However, nothing in the provision shall be 22 interpreted as preventing the institutions from prohibiting, 23 limiting, or restricting unprotected expression. 24 A public postsecondary institution shall not deny a student 25 organization any benefit or privilege available to any other 26 student organization. However, nothing in the bill shall be 27 interpreted as limiting the right of student expression in a 28 counter demonstration held on campus so long as the conduct 29 at the counter demonstration is not unlawful and does not 30 materially and substantially prohibit the free expression 31 rights of others or disrupt the functioning of the institution. 32 PUBLIC FORUMS ON CAMPUS —— FREEDOM OF ASSOCIATION. The 33 bill requires that the outdoor areas of campuses of public 34 postsecondary institutions be deemed traditional public 35 -7- LSB 1739HH (1) 88 kh/jh 7/ 8

H.F. 316 forums. The institutions may maintain and enforce clear, 1 published, reasonable content-neutral and viewpoint-neutral 2 time, place, and manner restrictions that are narrowly tailored 3 in furtherance of a significant institutional interest, 4 shall allow members of the campus community to engage in 5 spontaneous expressive activity and to distribute literature, 6 shall provide for ample alternative means of expression, and 7 shall not designate any area of campus a free-speech zone or 8 otherwise create policies restricting expressive activities to 9 a particular outdoor area of campus. Such provisions shall 10 not be construed to grant individuals the right to disrupt the 11 expressive activity of a person or student organization if the 12 institution has reserved space in an outdoor area of campus for 13 the person’s or organization’s activity. 14 REMEDIES, STATUTE OF LIMITATIONS, AND IMMUNITY PROVISIONS. 15 An aggrieved member of the campus community may bring an action 16 against the institution responsible for a violation of the 17 Code chapter and seek appropriate relief, and may assert such 18 violation as a defense or counterclaim. 19 Such person has one year after the day the cause of action 20 accrues to bring a claim for violation of the Code chapter. 21 However, nothing in the bill shall be interpreted to limit any 22 other available remedies to a member of the campus community. 23 STATE MANDATE —— INAPPLICABILITY PROVISION. The bill may 24 include a state mandate as defined in Code section 25B.3. The 25 bill makes inapplicable Code section 25B.2, subsection 3, which 26 would relieve a political subdivision from complying with a 27 state mandate if funding for the cost of the state mandate is 28 not provided or specified. Therefore, political subdivisions 29 are required to comply with any state mandate included in the 30 bill. 31 EFFECTIVE DATE. The bill takes effect upon enactment. 32 -8- LSB 1739HH (1) 88 kh/jh 8/ 8