Senate
Study
Bill
1099
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
EDUCATION
BILL
BY
CHAIRPERSON
SINCLAIR)
A
BILL
FOR
An
Act
relating
to
speech
and
expression
at
public
institutions
1
of
higher
education,
providing
for
remedies,
and
including
2
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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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
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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
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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
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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,
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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
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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
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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
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S.F.
_____
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.
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