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Author Topic: S.18.1-24: Campus Free Expression Act of 2018 (statute)  (Read 277 times)
Mr. Reactionary
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« on: March 13, 2018, 06:32:51 pm »

Quote
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.

Sponsor: Fairbol
« Last Edit: March 22, 2018, 12:07:49 am by Mr. Reactionary »Logged





Mr. Reactionary ... a well-known crypto-fascist
Mr. Reactionary
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« Reply #1 on: March 13, 2018, 06:57:09 pm »

I like this bill and thank the sponsor for introducing it.

It is a nice compliment to the SNOWFLAKE Act we passed last session:

https://uselectionatlas.org/FORUM/index.php?topic=279091.0
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Mr. Reactionary ... a well-known crypto-fascist
FairBol
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« Reply #2 on: March 14, 2018, 09:50:36 am »

Mr. Speaker,

I rise to say a few words in support of this bill.  

The issue of free speech on college campuses, and what constitutes it, has been of increased importance in recent years.  The public university has always been intended to be a place where new ideas can be developed, and where open discussion can flourish.  Sadly, it has become common for institutions of higher education to restrict the rights of both students and faculty to free expression.  

This bill defines what "protected activities" are on a college campus.  Specifically, it states that all forms of peaceful expression (including protests, petitions, and other forms of speech) are permitted and protected under regional law.  Among other things, the legislation provides that any "time, place, and manner" restrictions shall be clearly stated and published.  It also makes clear what the procedure is for bringing a legal action in remedy of a violation of this bill.  

I believe that this legislation is a step in the right direction; it will ensure that college campuses in the South continue to be bastions of new ideas, and home bases for the best and brightest among us.  As such, I urge my colleagues to support this bill's swift passage.  

I yield.  

(OOC note: This bill closely resembles one passed by the State of Missouri IRL.  Said bill was supported by the "Foundation for Individual Rights In Education" (FIRE) civil rights group)
« Last Edit: March 14, 2018, 10:03:18 am by FairBol »Logged

FairBol (F-FL)
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"These are the times that try men's souls" -- Thomas Paine

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FairBol
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« Reply #3 on: March 17, 2018, 09:32:37 am »

Mr. Speaker,

If there are no further comments regarding this bill, I move to call the legislation. 

I yield. 
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FairBol (F-FL)
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I'm not actually from Florida, I just represent it on TV. Smiley

"These are the times that try men's souls" -- Thomas Paine

"Extremism in the defense of liberty is no vice; moderation in the pursuit of justice is no virtue" -- Senator Barry Goldwater
Mr. Reactionary
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« Reply #4 on: March 17, 2018, 10:43:32 am »

I concur and join in requesting unanimous consent.
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« Reply #5 on: March 17, 2018, 04:52:28 pm »

Question: would this bill effectively force universities to allow hate-speech on their campuses? II.A states that "all" speeches, signs, etc are protected, and I don't think I can support this bill if it forces schools' administrators to stand by while some racists or homophobes hurl slurs and insults at students who are just trying to mind their own business.
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Mr. Reactionary
blackraisin
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« Reply #6 on: March 17, 2018, 05:09:27 pm »

Question: would this bill effectively force universities to allow hate-speech on their campuses? II.A states that "all" speeches, signs, etc are protected, and I don't think I can support this bill if it forces schools' administrators to stand by while some racists or homophobes hurl slurs and insults at students who are just trying to mind their own business.

Public universities... as they are state actors under a free speech analysis. Although protected activities are limited to those that are peaceful and which comply with content neutral time/place/manner restrictions.
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Mr. Reactionary ... a well-known crypto-fascist
Mr. Reactionary
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« Reply #7 on: March 18, 2018, 01:31:07 pm »

Unanimous consent is achieved. Since this is Sunday afternoon, final vote shall last until either noon Eastern on Thursday (3/22) or 24 hours after everyone has voted, whichever is sooner.
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Mr. Reactionary ... a well-known crypto-fascist
FairBol
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« Reply #8 on: March 18, 2018, 05:12:21 pm »

Aye. 
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FairBol (F-FL)
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"Extremism in the defense of liberty is no vice; moderation in the pursuit of justice is no virtue" -- Senator Barry Goldwater
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« Reply #9 on: March 18, 2018, 05:42:52 pm »

Aye
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The Saint
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« Reply #10 on: March 18, 2018, 08:10:33 pm »

Aye
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Blessed to live in such a great state. We may be Democrats, Republicans, or neither, but more importantly, we are all Floridians.
Mr. Reactionary
blackraisin
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« Reply #11 on: March 18, 2018, 09:28:00 pm »

Aye
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Mr. Reactionary ... a well-known crypto-fascist
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« Reply #12 on: March 19, 2018, 08:45:24 am »

Abstain
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Southern Speaker Punxsutawney Phil
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« Reply #13 on: March 19, 2018, 09:07:32 am »

Aye
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Vote Lib Dem on May 7 - keep Clegg as deputy PM

http://uselectionatlas.org/FORUM/index.php?topic=244197.0
Different states!
Mr. Reactionary
blackraisin
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« Reply #14 on: March 22, 2018, 12:04:35 am »

Bill passed. 5-0-1; 1 NV
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Mr. Reactionary ... a well-known crypto-fascist
Governor Dip
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« Reply #15 on: March 22, 2018, 12:07:04 am »

x diptheriadan
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