Bill Text: AZ HB2615 | 2016 | Fifty-second Legislature 2nd Regular | Chaptered
Bill Title: Campuses; free speech zone; prohibition
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-05-16 - Chapter 250 [HB2615 Detail]
Download: Arizona-2016-HB2615-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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CHAPTER 250
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HOUSE BILL 2615 |
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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:
15-1861. 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.
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
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.
APPROVED BY THE GOVERNOR MAY 16, 2016.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 16, 2016.
