S.F. 274 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. “Materially and substantially disrupts” means when 18 a person, with the intent to or with knowledge of doing 19 so, engages in violent or other disorderly conduct that 20 significantly hinders a previously scheduled or reserved 21 activity occurring on university grounds, buildings, and 22 facilities. “Materially and substantially disrupts” does not 23 include conduct that is protected under the first amendment 24 to the Constitution of the United States, including but not 25 limited to lawful protests and counterprotests. 26 4. “Outdoor areas of campus” means the generally accessible 27 outside areas of campus where students, administrators, 28 faculty, and staff at a public institution of higher education 29 are commonly allowed, such as grassy areas, walkways, or other 30 similar common areas and does not include areas outside health 31 care facilities including both stand-alone facilities and 32 mixed-use facilities that are embedded within another facility, 33 veterinary medicine facilities, a facility or outdoor area 34 used by the institution’s athletics program or teams, or other 35 -1- SF 274 (4) 88 kh/jh/mb 1/ 6

S.F. 274 outdoor areas where access is restricted to a majority of the 1 campus community. In recognition of the healing environment 2 that is essential to its clinical purposes, the areas outside 3 health care facilities, including both stand-alone facilities 4 and mixed-use facilities that are embedded within another 5 facility, are not designated public forums. 6 5. “Public institution of higher education” means a community 7 college established under chapter 260C or an institution of 8 higher learning governed by the state board of regents. 9 6. “Student” means an individual who is enrolled on a 10 full-time or part-time basis at a public institution of higher 11 education. 12 7. “Student organization” means a group officially 13 recognized at or officially registered by a public institution 14 of higher education, or a group seeking such official 15 recognition or official registration, comprised of students who 16 are admitted and in attendance at the public institution of 17 higher education, and who receive, or are seeking to receive, 18 student organization benefits or privileges through the public 19 institution of higher education. 20 Sec. 2. NEW SECTION . 261H.2 Policy adoption. 21 The state board of regents and the board of directors of each 22 community college shall adopt a policy that includes all of the 23 following statements: 24 1. That the primary function of an institution of higher 25 education is the discovery, improvement, transmission, and 26 dissemination of knowledge by means of research, teaching, 27 discussion, and debate. This statement shall provide that, to 28 fulfill this function, the institution must strive to ensure 29 the fullest degree of intellectual freedom and free expression 30 allowed under the first amendment to the Constitution of the 31 United States. 32 2. a. That it is not the proper role of an institution of 33 higher education to shield individuals from speech protected by 34 the first amendment to the Constitution of the United States, 35 -2- SF 274 (4) 88 kh/jh/mb 2/ 6

S.F. 274 which may include ideas and opinions the individual finds 1 unwelcome, disagreeable, or even offensive. 2 b. That it is the proper role of an institution of higher 3 education to encourage diversity of thoughts, ideas, and 4 opinions and to encourage, within the bounds of the first 5 amendment to the Constitution of the United States, the 6 peaceful, respectful, and safe exercise of first amendment 7 rights. 8 3. That students and faculty have the freedom to discuss 9 any problem that presents itself, assemble, and engage in 10 spontaneous expressive activity on campus, within the bounds 11 of established principles of the first amendment to the 12 Constitution of the United States, and subject to reasonable 13 time, place, and manner restrictions that are consistent with 14 established first amendment principles. 15 4. That the outdoor areas of campus of an institution of 16 higher education are public forums, open on the same terms 17 to any invited speaker subject to reasonable time, place, 18 and manner restrictions that are consistent with established 19 principles of the first amendment to the Constitution of the 20 United States. 21 Sec. 3. NEW SECTION . 261H.3 Protected activities. 22 1. Noncommercial expressive activities protected under the 23 provisions of this chapter include but are not limited to any 24 lawful oral or written means by which members of the campus 25 community may communicate ideas to one another, including 26 but not limited to all forms of peaceful assembly, protests, 27 speeches including by invited speakers, distribution of 28 literature, circulating petitions, and publishing, including 29 publishing or streaming on an internet site, audio or video 30 recorded in outdoor areas of campus. 31 2. A member of the campus community who wishes to engage in 32 noncommercial expressive activity in outdoor areas of campus 33 shall be permitted to do so freely, subject to reasonable 34 time, place, and manner restrictions, and as long as the 35 -3- SF 274 (4) 88 kh/jh/mb 3/ 6

S.F. 274 member’s conduct is not unlawful, does not impede others’ 1 access to a facility or use of walkways, and does not disrupt 2 the functioning of the public institution of higher education, 3 subject to the protections of subsection 1. The public 4 institution of higher education may designate other areas of 5 campus available for use by the campus community according to 6 institutional policy, but in all cases access to designated 7 areas of campus must be granted on a viewpoint-neutral basis 8 within the bounds of established first amendment principles. 9 3. A public institution of higher education shall not deny 10 benefits or privileges available to student organizations based 11 on the viewpoint of a student organization or the expression 12 of the viewpoint of a student organization by the student 13 organization or its members protected by the first amendment to 14 the Constitution of the United States. In addition, a public 15 institution of higher education shall not deny any benefit 16 or privilege to a student organization based on the student 17 organization’s requirement that the leaders of the student 18 organization agree to and support the student organization’s 19 beliefs, as those beliefs are interpreted and applied by 20 the organization, and to further the student organization’s 21 mission. 22 4. This section shall not be interpreted as limiting the 23 right of student expression in a counter demonstration held 24 in an outdoor area of campus as long as the conduct at the 25 counter demonstration is not unlawful, does not materially and 26 substantially prohibit the free expression rights of others in 27 an outdoor area of campus or disrupt the functioning of the 28 public institution of higher education, and does not impede 29 others’ access to a facility or use of walkways, subject to 30 reasonable time, place, and manner restrictions that are 31 consistent with established principles of the first amendment 32 to the Constitution of the United States. 33 5. This chapter shall not be interpreted as preventing 34 public institutions of higher education from prohibiting, 35 -4- SF 274 (4) 88 kh/jh/mb 4/ 6

S.F. 274 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 1. The outdoor areas of campuses of public institutions of 13 higher education in this state shall be deemed public forums. 14 Public institutions of higher education may maintain and 15 enforce clear, published, reasonable viewpoint-neutral time, 16 place, and manner restrictions that are narrowly tailored in 17 furtherance of a significant institutional interest, but shall 18 allow members of the campus community to engage in spontaneous 19 expressive activity and to distribute literature. Restrictions 20 instituted by a public institution of higher education under 21 this section shall provide for ample alternative means of 22 expression. 23 2. Except as provided in this chapter, and subject to 24 reasonable time, place, and manner restrictions, a public 25 institution of higher education shall not designate any area 26 of campus a free-speech zone or otherwise create policies 27 restricting expressive activities to a particular outdoor area 28 of campus. 29 3. Nothing in this chapter shall be construed to grant 30 individuals the right to engage in conduct that intentionally, 31 materially, and substantially disrupts the expressive activity 32 of a person or student organization if the public institution 33 of higher education has reserved space in an outdoor area of 34 campus for activity by the person or student organization in 35 -5- SF 274 (4) 88 kh/jh/mb 5/ 6

S.F. 274 accordance with this chapter. 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 -6- SF 274 (4) 88 kh/jh/mb 6/ 6