Campus Free Expression Act of 2018
IN THE HOUSE OF DELEGATES
Mr. FairBol, for himself (with thanks to the General Assembly of the State of Missouri), introduces
A BILL
To secure free speech rights in the South's public institutions of higher education.
Be it enacted by the House of Delegates:
SEC. I - BILL DESIGNATION A. The provisions of this section shall be known and cited as the
"Campus Free Expression Act of 2018".
SEC. II - PROTECTED ACTIVITIES A. Expressive activities protected under the provisions of this bill include, but are not limited
to, all forms of peaceful assembly, protests, speeches, distribution of literature, carrying signs,
and circulating petitions.
SEC. III - OUTDOOR AREAS A. The outdoor areas of campuses of public institutions of higher education in this state shall be
deemed traditional public forums.
B. Public institutions of higher education may maintain and enforce reasonable "time, place, and manner" restrictions in service of a significant institutional interest only when such restrictions employ clearly published content, and viewpoint-neutral criteria.
C. Any "time, place, and manner" restrictions shall provide for ample alternative means of expression, as well as allow for members of the university community to spontaneously and simultaneously assemble.
SEC. IV - PERSONS PERMITTED TO ENGAGE IN ACTIVITY A. Any person who wishes to engage in non-commercial expressive activity on campus shall be permitted to do so freely, as long as the person's conduct is not unlawful; and does not, materially and substantially, disrupt the functioning of the institution, subject to the requirements of sub-sections B and C of section three.
SEC. V - POTENTIAL CONFLICTS A. Nothing in this section shall be interpreted as limiting the right of student expression elsewhere on campus.
SEC. VI - LAWSUITS AND LEGAL ACTIONS A. The following persons may bring an action in a court of competent jurisdiction to enjoin any violation of this section; or to recover compensatory damages, reasonable court costs, and attorney fees:
(1) The Southern attorney general;
(2) Persons whose expressive rights were violated through the violation of this section.
B. In any action brought under subsection A of this section, if the court finds a violation, the court shall award the aggrieved persons no less than five hundred dollars for the initial violation, plus fifty dollars for each day the violation remains ongoing.
C. A person shall be required to bring suit for violation of this section not later than one year after the day the violation takes place.
SEC. VII - EFFECTIVE DATE A. This bill shall be enacted into law when passed by the House of Delegates, and signed by the Governor.
Bill proposed this
thirteenth day of March, in the Year of Our Lord
Two Thousand and Eighteen.