Bill Text: IA HF661 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to speech and expression at public institutions of higher education, providing for remedies, and including effective date provisions. (Formerly HF 276.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-03-14 - Withdrawn. H.J. 562. [HF661 Detail]
Download: Iowa-2019-HF661-Introduced.html
House
File
661
-
Introduced
HOUSE
FILE
661
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
276)
A
BILL
FOR
An
Act
relating
to
speech
and
expression
at
public
institutions
1
of
higher
education,
providing
for
remedies,
and
including
2
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
261H.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Benefit”
with
respect
to
a
student
organization
at
4
a
public
institution
of
higher
education
means
any
of
the
5
following:
6
a.
Recognition.
7
b.
Registration.
8
c.
Use
of
facilities
for
meetings
or
speaking
purposes.
9
d.
Use
of
channels
of
communication.
10
e.
Access
to
funding
sources
that
are
otherwise
available
11
to
other
student
groups.
12
2.
“Campus
community”
means
students,
administrators,
13
faculty,
and
staff
at
a
public
institution
of
higher
education
14
and
guests
invited
to
a
public
institution
of
higher
education
15
by
the
institution’s
students,
administrators,
faculty,
or
16
staff.
17
3.
“Materially
and
substantially
disrupts”
means
when
18
a
person,
with
the
intent
to
or
with
knowledge
of
doing
19
so,
engages
in
violent
or
other
disorderly
conduct
that
20
significantly
hinders
a
previously
scheduled
or
reserved
21
activity
occurring
on
university
grounds,
buildings,
and
22
facilities.
“Materially
and
substantially
disrupts”
does
not
23
include
conduct
that
is
protected
under
the
first
amendment
24
to
the
Constitution
of
the
United
States,
including
but
not
25
limited
to
lawful
protests
and
counterprotests.
26
4.
“Outdoor
areas
of
campus”
means
the
generally
accessible
27
outside
areas
of
campus
where
students,
administrators,
28
faculty,
and
staff
at
a
public
institution
of
higher
education
29
are
commonly
allowed,
such
as
grassy
areas,
walkways,
or
other
30
similar
common
areas
and
does
not
include
areas
outside
health
31
care
facilities
including
both
stand-alone
facilities
and
32
mixed-use
facilities
that
are
embedded
within
another
facility,
33
veterinary
medicine
facilities,
a
facility
or
outdoor
area
34
used
by
the
institution’s
athletics
program
or
teams,
or
other
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outdoor
areas
where
access
is
restricted
to
a
majority
of
the
1
campus
community.
In
recognition
of
the
healing
environment
2
that
is
essential
to
its
clinical
purposes,
the
areas
outside
3
health
care
facilities,
including
both
stand-alone
facilities
4
and
mixed-use
facilities
that
are
embedded
within
another
5
facility,
are
not
designated
public
forums.
6
5.
“Public
institution
of
higher
education”
means
a
community
7
college
established
under
chapter
260C
or
an
institution
of
8
higher
learning
governed
by
the
state
board
of
regents.
9
6.
“Student”
means
an
individual
who
is
enrolled
on
a
10
full-time
or
part-time
basis
at
a
public
institution
of
higher
11
education.
12
7.
“Student
organization”
means
a
group
officially
13
recognized
at
or
officially
registered
by
a
public
institution
14
of
higher
education,
or
a
group
seeking
such
official
15
recognition
or
official
registration,
comprised
of
students
who
16
are
admitted
and
in
attendance
at
the
public
institution
of
17
higher
education,
and
who
receive,
or
are
seeking
to
receive,
18
student
organization
benefits
or
privileges
through
the
public
19
institution
of
higher
education.
20
Sec.
2.
NEW
SECTION
.
261H.2
Policy
adoption.
21
The
state
board
of
regents
and
the
board
of
directors
of
each
22
community
college
shall
adopt
a
policy
that
includes
all
of
the
23
following
statements:
24
1.
That
the
primary
function
of
an
institution
of
higher
25
education
is
the
discovery,
improvement,
transmission,
and
26
dissemination
of
knowledge
by
means
of
research,
teaching,
27
discussion,
and
debate.
This
statement
shall
provide
that,
to
28
fulfill
this
function,
the
institution
must
strive
to
ensure
29
the
fullest
degree
of
intellectual
freedom
and
free
expression
30
allowed
under
the
first
amendment
to
the
Constitution
of
the
31
United
States.
32
2.
a.
That
it
is
not
the
proper
role
of
an
institution
of
33
higher
education
to
shield
individuals
from
speech
protected
by
34
the
first
amendment
to
the
Constitution
of
the
United
States,
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which
may
include
ideas
and
opinions
the
individual
finds
1
unwelcome,
disagreeable,
or
even
offensive.
2
b.
That
it
is
the
proper
role
of
an
institution
of
higher
3
education
to
encourage
diversity
of
thoughts,
ideas,
and
4
opinions
and
to
encourage,
within
the
bounds
of
the
first
5
amendment
to
the
Constitution
of
the
United
States,
the
6
peaceful,
respectful,
and
safe
exercise
of
first
amendment
7
rights.
8
3.
That
students
and
faculty
have
the
freedom
to
discuss
9
any
problem
that
presents
itself,
assemble,
and
engage
in
10
spontaneous
expressive
activity
on
campus,
within
the
bounds
11
of
established
principles
of
the
first
amendment
to
the
12
Constitution
of
the
United
States,
and
subject
to
reasonable
13
time,
place,
and
manner
restrictions
that
are
consistent
with
14
established
first
amendment
principles.
15
4.
That
the
outdoor
areas
of
campus
of
an
institution
of
16
higher
education
are
public
forums,
open
on
the
same
terms
17
to
any
invited
speaker
subject
to
reasonable
time,
place,
18
and
manner
restrictions
that
are
consistent
with
established
19
principles
of
the
first
amendment
to
the
Constitution
of
the
20
United
States.
21
Sec.
3.
NEW
SECTION
.
261H.3
Protected
activities.
22
1.
Noncommercial
expressive
activities
protected
under
the
23
provisions
of
this
chapter
include
but
are
not
limited
to
any
24
lawful
oral
or
written
means
by
which
members
of
the
campus
25
community
may
communicate
ideas
to
one
another,
including
26
but
not
limited
to
all
forms
of
peaceful
assembly,
protests,
27
speeches
including
by
invited
speakers,
distribution
of
28
literature,
circulating
petitions,
and
publishing,
including
29
publishing
or
streaming
on
an
internet
site,
audio
or
video
30
recorded
in
outdoor
areas
of
campus.
31
2.
A
member
of
the
campus
community
who
wishes
to
engage
in
32
noncommercial
expressive
activity
in
outdoor
areas
of
campus
33
shall
be
permitted
to
do
so
freely,
subject
to
reasonable
34
time,
place,
and
manner
restrictions,
and
as
long
as
the
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member’s
conduct
is
not
unlawful,
does
not
impede
others’
1
access
to
a
facility
or
use
of
walkways,
and
does
not
disrupt
2
the
functioning
of
the
public
institution
of
higher
education,
3
subject
to
the
protections
of
subsection
1.
The
public
4
institution
of
higher
education
may
designate
other
areas
of
5
campus
available
for
use
by
the
campus
community
according
to
6
institutional
policy,
but
in
all
cases
access
to
designated
7
areas
of
campus
must
be
granted
on
a
viewpoint-neutral
basis
8
within
the
bounds
of
established
first
amendment
principles.
9
3.
A
public
institution
of
higher
education
shall
not
deny
10
benefits
or
privileges
available
to
student
organizations
based
11
on
the
viewpoint
of
a
student
organization
or
the
expression
12
of
the
viewpoint
of
a
student
organization
by
the
student
13
organization
or
its
members
protected
by
the
first
amendment
to
14
the
Constitution
of
the
United
States.
In
addition,
a
public
15
institution
of
higher
education
shall
not
deny
any
benefit
16
or
privilege
to
a
student
organization
based
on
the
student
17
organization’s
requirement
that
the
leaders
of
the
student
18
organization
agree
to
and
support
the
student
organization’s
19
beliefs,
as
those
beliefs
are
interpreted
and
applied
by
20
the
organization,
and
to
further
the
student
organization’s
21
mission.
22
4.
This
section
shall
not
be
interpreted
as
limiting
the
23
right
of
student
expression
in
a
counter
demonstration
held
24
in
an
outdoor
area
of
campus
as
long
as
the
conduct
at
the
25
counter
demonstration
is
not
unlawful,
does
not
materially
and
26
substantially
prohibit
the
free
expression
rights
of
others
in
27
an
outdoor
area
of
campus
or
disrupt
the
functioning
of
the
28
public
institution
of
higher
education,
and
does
not
impede
29
others’
access
to
a
facility
or
use
of
walkways,
subject
to
30
reasonable
time,
place,
and
manner
restrictions
that
are
31
consistent
with
established
principles
of
the
first
amendment
32
to
the
Constitution
of
the
United
States.
33
5.
This
chapter
shall
not
be
interpreted
as
preventing
34
public
institutions
of
higher
education
from
prohibiting,
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limiting,
or
restricting
expression
that
the
first
amendment
1
of
the
Constitution
of
the
United
States
does
not
protect,
2
including
but
not
limited
to
a
threat
of
serious
harm
and
3
expression
directed
or
likely
directed
to
provoke
imminent
4
unlawful
actions;
or
from
prohibiting
harassment,
including
5
but
not
limited
to
expression
which
is
so
severe,
pervasive,
6
and
subjectively
and
objectively
offensive
that
the
expression
7
unreasonably
interferes
with
an
individual’s
access
to
8
educational
opportunities
or
benefits
provided
by
a
public
9
institution
of
higher
education.
10
Sec.
4.
NEW
SECTION
.
261H.4
Public
forums
on
campus
——
11
freedom
of
association.
12
1.
The
outdoor
areas
of
campuses
of
public
institutions
of
13
higher
education
in
this
state
shall
be
deemed
public
forums.
14
Public
institutions
of
higher
education
may
maintain
and
15
enforce
clear,
published,
reasonable
viewpoint-neutral
time,
16
place,
and
manner
restrictions
that
are
narrowly
tailored
in
17
furtherance
of
a
significant
institutional
interest,
but
shall
18
allow
members
of
the
campus
community
to
engage
in
spontaneous
19
expressive
activity
and
to
distribute
literature.
Restrictions
20
instituted
by
a
public
institution
of
higher
education
under
21
this
section
shall
provide
for
ample
alternative
means
of
22
expression.
23
2.
Except
as
provided
in
this
chapter,
and
subject
to
24
reasonable
time,
place,
and
manner
restrictions,
a
public
25
institution
of
higher
education
shall
not
designate
any
area
26
of
campus
a
free-speech
zone
or
otherwise
create
policies
27
restricting
expressive
activities
to
a
particular
outdoor
area
28
of
campus.
29
3.
Nothing
in
this
chapter
shall
be
construed
to
grant
30
individuals
the
right
to
engage
in
conduct
that
intentionally,
31
materially,
and
substantially
disrupts
the
expressive
activity
32
of
a
person
or
student
organization
if
the
public
institution
33
of
higher
education
has
reserved
space
in
an
outdoor
area
of
34
campus
for
activity
by
the
person
or
student
organization
in
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accordance
with
this
chapter.
1
Sec.
5.
NEW
SECTION
.
261H.5
Remedies
——
statute
of
2
limitations
——
immunity.
3
1.
A
member
of
the
campus
community
aggrieved
by
a
violation
4
of
this
chapter
may
file
a
complaint
with
the
governing
body
of
5
the
public
institution
of
higher
education.
6
2.
A
member
of
the
campus
community
aggrieved
by
a
violation
7
of
this
chapter
may
assert
such
violation
as
a
defense
8
or
counterclaim
in
a
disciplinary
action
or
in
a
civil
or
9
administrative
proceeding
brought
against
the
member
of
the
10
campus
community.
11
3.
A
member
of
the
campus
community
shall
bring
a
claim
for
12
violation
of
this
chapter
pursuant
to
this
section
not
later
13
than
one
year
after
the
day
the
cause
of
action
accrues.
14
4.
This
section
shall
not
be
interpreted
to
limit
any
other
15
remedies
available
to
a
member
of
the
campus
community.
16
5.
Nothing
in
this
section
shall
be
construed
to
make
17
any
administrator,
officer,
employee,
or
agent
of
a
public
18
institution
of
higher
education
personally
liable
for
acts
19
taken
pursuant
to
the
individual’s
official
duties.
20
Sec.
6.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
21
3,
shall
not
apply
to
this
Act.
22
Sec.
7.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
23
importance,
takes
effect
upon
enactment.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
public
forums,
freedom
of
expression,
28
and
freedom
of
association
at
community
colleges
and
regents
29
universities.
30
DEFINITIONS.
The
bill
defines
“benefit”,
“campus
31
community”,
“materially
and
substantially
disrupts”,
outdoor
32
areas
of
campus”,
“public
institution
of
higher
education”,
33
“student”,
and
“student
organization”
for
purposes
of
the
new
34
Code
chapter
established
by
the
bill.
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POLICY
ADOPTION.
The
bill
requires
the
boards
governing
1
the
public
postsecondary
institutions
to
adopt
a
policy
that
2
includes
statements
describing
the
functions
and
roles
of
3
institutions
with
regard
to
knowledge;
protected
speech;
4
the
freedom
to
discuss
within
the
bounds
of
the
established
5
principles
of
the
first
amendment
to
the
United
States
6
Constitution;
freedom
to
assemble
and
engage
in
spontaneous
7
expressive
activities
subject
to
reasonable
time,
place,
and
8
manner
restrictions;
and
public
areas
of
campuses
as
public
9
forums.
10
PROTECTED
ACTIVITIES.
Protected
activities
include
11
noncommercial
expressive
activities
including
but
not
limited
12
to
oral
or
written
means
to
communicate
ideas,
including
but
13
not
limited
to
all
forms
of
peaceful
assembly,
protests,
14
speeches
including
by
invited
speakers,
distribution
of
15
literature,
and
circulating
petitions.
A
member
of
the
campus
16
community
who
wishes
to
engage
in
noncommercial
expressive
17
activity
on
campus
shall
be
permitted
to
do
so
freely
subject
18
to
reasonable
time,
place,
and
manner
restrictions.
However,
19
nothing
in
the
provision
shall
be
interpreted
as
preventing
20
the
institutions
from
prohibiting,
limiting,
or
restricting
21
unprotected
expression.
22
A
public
postsecondary
institution
shall
not
deny
a
student
23
organization
any
benefit
or
privilege
available
to
any
other
24
student
organization.
However,
nothing
in
the
bill
shall
be
25
interpreted
as
limiting
the
right
of
student
expression
in
a
26
counter
demonstration
held
on
campus
so
long
as
the
conduct
at
27
the
counter
demonstration
is
not
unlawful,
does
not
materially
28
and
substantially
prohibit
the
free
expression
rights
of
others
29
or
disrupt
the
functioning
of
the
institution,
and
does
not
30
impede
others’
access
to
a
facility
or
walkway.
31
PUBLIC
FORUMS
ON
CAMPUS
——
FREEDOM
OF
ASSOCIATION.
The
32
bill
requires
that
the
outdoor
areas
of
campuses
of
public
33
postsecondary
institutions
be
deemed
public
forums.
The
34
institutions
may
maintain
and
enforce
clear,
published,
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reasonable
viewpoint-neutral
time,
place,
and
manner
1
restrictions
that
are
narrowly
tailored
in
furtherance
of
2
a
significant
institutional
interest,
shall
allow
members
3
of
the
campus
community
to
engage
in
spontaneous
expressive
4
activity
and
to
distribute
literature,
shall
provide
for
ample
5
alternative
means
of
expression,
and,
subject
to
reasonable
6
time,
place,
and
manner
restrictions,
shall
not
designate
any
7
area
of
campus
a
free-speech
zone
or
otherwise
create
policies
8
restricting
expressive
activities
to
a
particular
outdoor
9
area
of
campus.
Such
provisions
shall
not
be
construed
to
10
grant
individuals
the
right
to
disrupt
the
expressive
activity
11
of
a
person
or
student
organization
if
the
institution
has
12
reserved
space
in
an
outdoor
area
of
campus
for
the
person’s
13
or
organization’s
activity.
An
institution
shall
not
deny
14
any
benefit
or
privilege
to
a
student
organization
based
on
15
the
organization’s
requirement
that
its
leaders
agree
to
and
16
support
the
organization’s
beliefs.
17
REMEDIES,
STATUTE
OF
LIMITATIONS,
AND
IMMUNITY
PROVISIONS.
18
An
aggrieved
member
of
the
campus
community
may
bring
an
action
19
against
the
institution
responsible
for
a
violation
of
the
20
Code
chapter
and
seek
appropriate
relief,
and
may
assert
such
21
violation
as
a
defense
or
counterclaim.
22
Such
person
has
one
year
after
the
day
the
cause
of
action
23
accrues
to
bring
a
claim
for
violation
of
the
Code
chapter.
24
However,
nothing
in
the
bill
shall
be
interpreted
to
limit
any
25
other
available
remedies
to
a
member
of
the
campus
community.
26
STATE
MANDATE
——
INAPPLICABILITY
PROVISION.
The
bill
may
27
include
a
state
mandate
as
defined
in
Code
section
25B.3.
The
28
bill
makes
inapplicable
Code
section
25B.2,
subsection
3,
which
29
would
relieve
a
political
subdivision
from
complying
with
a
30
state
mandate
if
funding
for
the
cost
of
the
state
mandate
is
31
not
provided
or
specified.
Therefore,
political
subdivisions
32
are
required
to
comply
with
any
state
mandate
included
in
the
33
bill.
34
EFFECTIVE
DATE.
The
bill
takes
effect
upon
enactment.
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