Senate Engrossed House Bill

 

 

 

State of Arizona

House of Representatives

Fifty-second Legislature

Second Regular Session

2016

 

 

 

CHAPTER 250

 

HOUSE BILL 2615

 

 

AN ACT

 

amending sections 15‑1861 and 15‑1864, Arizona Revised Statutes; amending Title 15, chapter 14, article 6, Arizona Revised Statutes, by adding section 15-1865; relating to postsecondary education.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 15-1861, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1861.  Definitions

In this article, unless the context otherwise requires:

1.  "Community college" has the same meaning prescribed in section 15‑1401.

2.  "Public forum" includes both a traditional public forum, which is any open, outdoor area on the campus of a university or community college, and a designated public forum, which is any facilities, buildings facility, building or parts part of buildings a building that the university or community college has opened to students or student organizations for expression.

3.  "University" means a university under the jurisdiction of the Arizona board of regents. END_STATUTE

Sec. 2.  Section 15-1864, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1864.  Students' right to speak in a public forum; court actions

A.  A university or community college shall not restrict a student's right to speak, including verbal speech, holding a sign or distributing fliers or other materials, in a public forum.

B.  A university or community college may restrict a student's speech in a public forum only if it demonstrates that application of the burden to the student is both:

1.  In furtherance of a compelling governmental interest.

2.  The least restrictive means of furthering that compelling governmental interest.

B.  A UNIVERSITY OR COMMUNITY COLLEGE SHALL NOT IMPOSE RESTRICTIONS ON THE TIME, PLACE AND MANNER OF STUDENT SPEECH THAT:

1.  OCCURS IN A PUBLIC FORUM.

2.  IS PROTECTED BY THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION UNLESS THE RESTRICTIONS:

(a)  ARE REASONABLE.

(b)  ARE JUSTIFIED WITHOUT REFERENCE TO THE CONTENT OF THE REGULATED SPEECH.

(c)  ARE NARROWLY TAILORED TO SERVE A SIGNIFICANT GOVERNMENTAL INTEREST.

(d)  LEAVE OPEN AMPLE ALTERNATIVE CHANNELS FOR COMMUNICATION OF THE INFORMATION.

C.  THE FOLLOWING PERSONS MAY BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION TO ENJOIN ANY VIOLATION OF THIS SECTION OR TO RECOVER REASONABLE COURT COSTS AND reasonable ATTORNEY FEES:

1.  THE ATTORNEY GENERAL.

2.  A student WHOSE expressive RIGHTS WERE VIOLATED BY A VIOLATION OF THIS SECTION.

D.  IN AN ACTION BROUGHT UNDER SUBSECTION C OF THIS SECTION, IF THE COURT FINDS THAT A VIOLATION OF THIS SECTION OCCURRED, THE COURT SHALL AWARD THE AGGRIEVED PERSON injunctive relief FOR THE VIOLATION and shall award reasonable court costs and reasonable attorney fees.

E.  A PERSON SHALL BRING AN ACTION FOR A VIOLATION OF THIS SECTION WITHIN ONE YEAR AFTER THE DATE THE CAUSE OF ACTION ACCRUES.  FOR THE PURPOSE OF CALCULATING THE ONE-YEAR LIMITATION PERIOD, EACH DAY THAT THE VIOLATION PERSISTS OR EACH DAY THAT A POLICY IN VIOLATION OF THIS SECTION REMAINS IN EFFECT CONSTITUTES A NEW VIOLATION OF THIS SECTION AND SHALL BE CONSIDERED A DAY THAT THE CAUSE OF ACTION HAS ACCRUED. END_STATUTE

Sec. 3.  Title 15, chapter 14, article 6, Arizona Revised Statutes, is amended by adding section 15-1865, to read:

START_STATUTE15-1865.  Free speech; prohibition

Subject to reasonable time, place and manner restrictions, A community college or university may not limit any area on campus where free speech may be exercised. END_STATUTE


 

 

 

 

APPROVED BY THE GOVERNOR MAY 16, 2016.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 16, 2016.