Bill Text: CA SB472 | 2017-2018 | Regular Session | Amended
Bill Title: Public postsecondary education: Campus Free Expression Act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB472 Detail]
Download: California-2017-SB472-Amended.html
Amended
IN
Senate
March 28, 2017 |
Senate Bill | No. 472 |
Introduced by Senator Nielsen |
February 16, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law establishes the California State University, the California Community Colleges, and the University of California as the 3 segments of public postsecondary education in this state.
This bill would express the intent of the Legislature to enact legislation discouraging the restriction of freedom of speech, freedom of assembly, and other rights protected under the First Amendment to the United States Constitution at public colleges and universities.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 5.2 (commencing with Section 66320) is added to Part 40 of Division 5 of Title 3 of the Education Code, to read:CHAPTER 5.2. Campus Free Expression Act
66320.
(a) This chapter shall be known, and may be cited, as the Campus Free Expression Act.66321.
(a) The outdoor areas of public postsecondary institutions are traditional public forums. A public postsecondary institution may maintain and enforce reasonable time, place, and manner restrictions in service of a significant institutional interest only when those restrictions employ clear, published, content-neutral and viewpoint-neutral criteria, and provide for ample alternative means of expression. These restrictions shall allow for members of the campus community to spontaneously and contemporaneously assemble.66322.
(a) Either of the following persons may bring an action in a court of competent jurisdiction, in accordance with the limitation set forth in Section 66323, to enjoin a violation of this chapter, or to recover compensatory damages, court costs, and reasonable attorney’s fees, or all of these:66323.
(a) A person shall bring an action alleging a violation of this chapter no later than one year after the date the cause of action accrues.SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.It is the intent of the Legislature to enact legislation discouraging the restriction of freedom of speech, freedom of assembly, and other rights protected under the First Amendment to the United States Constitution at public colleges and universities.