HB 2615 prohibits
a community college or university from limiting any area on campus where free
speech may be exercised, subject to reasonable time, place and manner
restrictions
Provisions
1.Prohibits a community college or university from limiting any area on
campus where free speech may be exercised, subject to reasonable time, place
and manner restrictions.
2.Specifies that a public forum
includes both a traditional public forum and a designated public forum.
3.Removes permissive language
allowing a university or community college to restrict a students speech in a
public forum under specified conditions.
4.Prohibits a university or community college from
imposing restrictions on the time, place and manner of student speech that:
a.occurs in a public forum; and
b.is protected by the First Amendment
to the U.S. Constitution unless the restrictions:
i.are reasonable;
ii.are justified without reference to the content of the
regulated interest;
iii.are narrowly tailored to serve a significant
governmental interest; or
iv.leave open amble alternative
channels for communication of the information.
5.Permits the Attorney General or a
student whose expressive rights were violated to bring an action to enjoin any
violation or recover reasonable court costs and attorney fees.
6.Requires a person to bring an
action within one year after the date the cause of action accrues.
7.Provides that each day the
violation persists, or a policy in violation remains in effect, constitutes a
new violation and is considered a day the cause of action has accrued.
8.Directs the court, on a finding of
violation, to award the aggrieved person injunctive relief, reasonable court
costs and attorney fees.
9.Makes technical changes.
Current Law
A
university or community college is prohibited from restricting a student's
right to speak, including verbal speech, hold a sign or distribute fliers or
other materials, in a public forum. The only circumstances in which a
public postsecondary institution may restrict a students speech in a public
forum is if the restriction is both in furtherance of a compelling governmental
interest and is the least restrictive means of furthering the compelling
governmental interest (A.R.S.
§ 15-1864).
A public
forum includes any open, outdoor area on the campus of a university or
community college and any facilities, buildings or parts of buildings that have
been opened to students or student organizations for expression (A.R.S.
§ 15-1861).
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Fifty-second Legislature As
Transmitted to the Governor