Bill Text: IL HB5387 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Creates the Campus Free Speech Act. Requires the governing board of each public university and community college to develop and adopt a policy on free expression; sets forth what the policy must contain. Requires the Board of Higher Education to create a Committee on Free Expression to issue an annual report. Requires public institutions of higher education to include in their freshman orientation programs a section describing to all students the policies and rules regarding free expression that are consistent with the Act. Contains provisions concerning rules, construction of the Act, and enforcement.

Sponsorship: Partisan Bill (Republican 3)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5387 Detail]

Download: Illinois-2019-HB5387-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5387 Introduced , by Rep. Thomas Morrison - Terri Bryant - Patrick Windhorst SYNOPSIS AS INTRODUCED:
New Act
Creates the Campus Free Speech Act. Requires the governing board of each public university and community college to develop and adopt a policy on free expression; sets forth what the policy must contain. Requires the Board of Higher Education to create a Committee on Free Expression to issue an annual report. Requires public institutions of higher education to include in their freshman orientation programs a section describing to all students the policies and rules regarding free expression that are consistent with the Act. Contains provisions concerning rules, construction of the Act, and enforcement.
LRB101 17435 NHT 66844 b
FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
HB5387 LRB101 17435 NHT 66844 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Campus
Free Speech Act.
Section 5. Legislative findings. The General Assembly
finds the following:
(1) Section 4 of Article I of the Illinois Constitution
recognizes that "all persons may speak, write and publish
freely, being responsible for the abuse of that liberty. In
trials for libel, both civil and criminal, the truth, when
published with good motives and for justifiable ends, shall
be a sufficient defense".
(2) Public institutions of higher education have
historically embraced a commitment to freedom of
expression in policy.
(3) In recent years, some public institutions of higher
education have abdicated their responsibility to uphold
free-speech principles, and these failures make it
appropriate for all public institutions of higher
education to restate and confirm their commitment in this
regard.
(4) In 1974, the Committee on Free Expression at Yale

HB5387 - 2 - LRB101 17435 NHT 66844 b
University issued a statement known as the Woodward Report
that stands as a classic defense of free expression on
campuses; in 2015, the Committee on Freedom of Expression
at the University of Chicago issued a similar and widely
respected report; and in 1967, the Kalven Committee Report
of the University of Chicago articulated the principle of
institutional neutrality regarding political and social
issues and the essential role of such neutrality in
protecting freedom of thought and expression at
universities. The principles affirmed by these 3 highly
regarded reports are inspiring articulations of the
critical importance of free expression in higher
education.
(5) The General Assembly views freedom of expression as
being of critical importance and requires that each public
institution of higher education ensure free, robust, and
uninhibited debate and deliberation by students of public
institutions whether on or off campus.
(6) The General Assembly has determined that it is a
matter of statewide concern that all public institutions of
higher education officially recognize freedom of speech as
a fundamental right.
Section 10. Definition. In this Act, "public institution"
means a public university or public community college in this
State.

HB5387 - 3 - LRB101 17435 NHT 66844 b
Section 15. Policy on free expression required. The board
of trustees of a public institution shall develop and adopt a
policy on free expression that contains, at least, the
following:
(1) A statement that the primary function of an
institution of higher education is the discovery,
improvement, transmission, and dissemination of knowledge
by means of research, teaching, discussion, and debate.
This statement shall provide that, to fulfill this
function, the institution must strive to ensure the fullest
degree of intellectual freedom and free expression.
(2) A statement that it is not the proper role of the
institution to shield individuals from speech protected by
the First Amendment, including, without limitation, ideas
and opinions they find unwelcome, disagreeable, or even
deeply offensive.
(3) A statement that students and faculty have the
freedom to discuss any problem that presents itself, as the
First Amendment permits and within the limits of reasonable
viewpoint and content-neutral restrictions on time, place,
and manner of expression that are consistent with this Act
and that are necessary to achieve a significant
institutional interest; provided that these restrictions
are clear, are published, and provide ample alternative
means of expression. Students and faculty shall be

HB5387 - 4 - LRB101 17435 NHT 66844 b
permitted to assemble and engage in spontaneous expressive
activity as long as the activity is not unlawful and does
not materially and substantially disrupt the functioning
of the institution, subject to the requirements of this
Act.
(4) A statement that the campuses of the institution
are open to speakers invited by students, student groups,
or members of the faculty without regard to viewpoint or
content of the proposed speech. If a fee applies to a
speech by an invited speaker, the inviting students,
student groups, or members of the faculty may not be
charged greater or lesser amounts based on the viewpoint,
content, or expected reaction to the speech.
(5) A statement that the outdoor public areas of
campuses of the institution are designated public forums,
open on the same terms to any speaker, and that any person
lawfully present on campus may leaflet, protest, or
demonstrate in those outdoor public areas.
(6) A provision setting forth the affirmative steps
that the institution will take to protect the free speech
rights of invited speakers.
(7) A provision that, in all disciplinary cases
involving expressive conduct, students are entitled to a
disciplinary hearing under published procedures. When
suspension for longer than 30 days or expulsion are
potential penalties, students are entitled to the right to

HB5387 - 5 - LRB101 17435 NHT 66844 b
active assistance of counsel.
(8) A statement that the institution may not take
action, as an institution, on the public policy
controversies of the day in such a way as to require
students or faculty to publicly espouse any given
viewpoint, provided that the institution may prescribe the
content of its curriculum.
(9) A statement that this policy supersedes and
nullifies any prior provisions in the policies and
regulations of the institution that restrict speech on
campus and are, therefore, inconsistent with this policy on
free expression. The institution shall remove or revise any
such provisions in its policies and regulations to ensure
compatibility with this policy on free expression.
Section 20. Committee on Free Expression.
(a) The Board of Higher Education shall create a single
Committee on Free Expression consisting of all of the following
members, all of whom shall serve without compensation:
(1) One member representing the University of Illinois
at Urbana-Champaign, appointed by the university's board
of trustees.
(2) One member representing the University of Illinois
at Springfield, appointed by the university's board of
trustees.
(3) One member representing the University of Illinois

HB5387 - 6 - LRB101 17435 NHT 66844 b
at Chicago, appointed by the university's board of
trustees.
(4) One member representing Southern Illinois
University at Carbondale, appointed by the university's
board of trustees.
(5) One member representing Southern Illinois
University at Edwardsville, appointed by the university's
board of trustees.
(6) One member representing Western Illinois
University, appointed by the university's board of
trustees.
(7) One member representing Eastern Illinois
University, appointed by the university's board of
trustees.
(8) One member representing Illinois State University,
appointed by the university's board of trustees.
(9) One member representing Northern Illinois
University, appointed by the university's board of
trustees.
(10) One member representing Chicago State University,
appointed by the university's board of trustees.
(11) One member representing Governors State
University, appointed by the university's board of
trustees.
(12) One member representing Northeastern Illinois
University, appointed by the university's board of

HB5387 - 7 - LRB101 17435 NHT 66844 b
trustees.
(13) Three members representing public community
colleges, appointed by the Illinois Community College
Board at its discretion.
(14) Four members representing faculty members, 2
appointed by the Board of Higher Education and 2 appointed
by the Illinois Community College Board.
(15) Four members representing students, 2 appointed
by the Board of Higher Education and 2 appointed by the
Illinois Community College Board.
(b) The Committee on Free Expression shall meet initially
at the call of the Chairperson of the Board of Higher
Education, shall select one member as chairperson at its
initial meeting, and shall thereafter meet at the call of that
chairperson. The Board of Higher Education shall provide
administrative and other support to the Committee.
(c) The Committee on Free Expression shall report to the
public, the Board of Higher Education, the Governor, and the
General Assembly on September 1 of every year. The report shall
include all of the following:
(1) A description of any barriers to or disruptions of
free expression within public institutions.
(2) A description of the administrative handling and
discipline relating to these disruptions or barriers.
(3) A description of substantial difficulties,
controversies, or successes in maintaining a posture of

HB5387 - 8 - LRB101 17435 NHT 66844 b
administrative and institutional neutrality with regard to
political or social issues.
(4) Any assessments, criticisms, commendations, or
recommendations the committee sees fit to include.
Section 25. Freshman orientation information. Public
institutions shall include in their freshman orientation
programs a section describing to all students the policies and
rules regarding free expression that are consistent with this
Act.
Section 30. Rules; construction of Act. The Board of Higher
Education is authorized to adopt rules to further the purposes
of the policies adopted pursuant to this Act. Nothing in this
Act shall be construed to prevent public institutions from
regulating student speech or activity that is prohibited by
other federal, State, or local laws.
Section 35. Enforcement. The following persons may bring an
action in a court of competent jurisdiction to enjoin any
violation of this Act or to recover reasonable court costs and
attorney's fees:
(1) The Attorney General.
(2) A person whose expressive rights are violated by a
violation of this Act.
In an action brought under this Act, if the court finds

HB5387 - 9 - LRB101 17435 NHT 66844 b
that a violation of this Act occurred, the court may award the
aggrieved person injunctive relief for the violation and shall
award reasonable court costs and attorney's fees.