Senate Engrossed House Bill
State of Arizona
House of Representatives
Second Regular Session
HOUSE BILL 2615
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:
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
facility, building or parts part
of buildings a building that the
university or community college has opened to students or student organizations
3. "University" means a university under the jurisdiction of the Arizona board of regents.
Sec. 2. Section 15-1864, Arizona Revised Statutes, is amended to read:
15-1864. 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.
Sec. 3. Title 15, chapter 14, article 6, Arizona Revised Statutes, is amended by adding section 15-1865, to read:
15-1865. Free speech; prohibition
APPROVED BY THE GOVERNOR MAY 16, 2016.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 16, 2016.