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.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5387 Detail]
Download: Illinois-2019-HB5387-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Campus | ||||||||||||||||||||||||
5 | Free Speech Act.
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6 | Section 5. Legislative findings. The General Assembly | ||||||||||||||||||||||||
7 | finds the following: | ||||||||||||||||||||||||
8 | (1) Section 4 of Article I of the Illinois Constitution | ||||||||||||||||||||||||
9 | recognizes that "all persons may speak, write and publish | ||||||||||||||||||||||||
10 | freely, being responsible for the abuse of that liberty. In | ||||||||||||||||||||||||
11 | trials for libel, both civil and criminal, the truth, when | ||||||||||||||||||||||||
12 | published
with good motives and for justifiable ends, shall | ||||||||||||||||||||||||
13 | be a
sufficient defense". | ||||||||||||||||||||||||
14 | (2) Public institutions of higher education have | ||||||||||||||||||||||||
15 | historically embraced a commitment to freedom of | ||||||||||||||||||||||||
16 | expression in policy. | ||||||||||||||||||||||||
17 | (3) In recent years, some public institutions of higher | ||||||||||||||||||||||||
18 | education have abdicated their responsibility to uphold | ||||||||||||||||||||||||
19 | free-speech principles, and these failures make it | ||||||||||||||||||||||||
20 | appropriate for all public institutions of higher | ||||||||||||||||||||||||
21 | education to restate and confirm their commitment in this | ||||||||||||||||||||||||
22 | regard. | ||||||||||||||||||||||||
23 | (4) In 1974, the Committee on Free Expression at Yale |
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1 | University issued a statement known as the Woodward Report | ||||||
2 | that stands as a classic defense of free expression on | ||||||
3 | campuses; in 2015, the Committee on Freedom of Expression | ||||||
4 | at the University of Chicago issued a similar and widely | ||||||
5 | respected report; and in 1967, the Kalven Committee Report | ||||||
6 | of the University of Chicago articulated the principle of | ||||||
7 | institutional neutrality regarding political and social | ||||||
8 | issues and the essential role of such neutrality in | ||||||
9 | protecting freedom of thought and expression at | ||||||
10 | universities. The principles affirmed by these 3 highly | ||||||
11 | regarded reports are inspiring articulations of the | ||||||
12 | critical importance of free expression in higher | ||||||
13 | education. | ||||||
14 | (5) The General Assembly views freedom of expression as | ||||||
15 | being of critical importance and requires that each public | ||||||
16 | institution of higher education ensure free, robust, and | ||||||
17 | uninhibited debate and deliberation by students of public | ||||||
18 | institutions whether on or off campus. | ||||||
19 | (6) The General Assembly has determined that it is a | ||||||
20 | matter of statewide concern that all public institutions of | ||||||
21 | higher education officially recognize freedom of speech as | ||||||
22 | a fundamental right.
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23 | Section 10. Definition. In this Act, "public institution" | ||||||
24 | means a public university or public community college in this | ||||||
25 | State.
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1 | Section 15. Policy on free expression required. The board | ||||||
2 | of trustees of a public institution shall develop and adopt a | ||||||
3 | policy on free expression that contains, at least, the | ||||||
4 | following: | ||||||
5 | (1) A statement that the primary function of an | ||||||
6 | institution of higher education is the discovery, | ||||||
7 | improvement, transmission, and dissemination of knowledge | ||||||
8 | by means of research, teaching, discussion, and debate. | ||||||
9 | This statement shall provide that, to fulfill this | ||||||
10 | function, the institution must strive to ensure the fullest | ||||||
11 | degree of intellectual freedom and free expression. | ||||||
12 | (2) A statement that it is not the proper role of the | ||||||
13 | institution to shield individuals from speech protected by | ||||||
14 | the First Amendment, including, without limitation, ideas | ||||||
15 | and opinions they find unwelcome, disagreeable, or even | ||||||
16 | deeply offensive. | ||||||
17 | (3) A statement that students and faculty have the | ||||||
18 | freedom to discuss any problem that presents itself, as the | ||||||
19 | First Amendment permits and within the limits of reasonable | ||||||
20 | viewpoint and content-neutral restrictions on time, place, | ||||||
21 | and manner of expression that are consistent with this Act | ||||||
22 | and that are necessary to achieve a significant | ||||||
23 | institutional interest; provided that these restrictions | ||||||
24 | are clear, are published, and provide ample alternative | ||||||
25 | means of expression. Students and faculty shall be |
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1 | permitted to assemble and engage in spontaneous expressive | ||||||
2 | activity as long as the activity is not unlawful and does | ||||||
3 | not materially and substantially disrupt the functioning | ||||||
4 | of the institution, subject to the requirements of this | ||||||
5 | Act. | ||||||
6 | (4) A statement that the campuses of the institution
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7 | are open to speakers invited by students, student groups, | ||||||
8 | or
members of the faculty without regard to viewpoint or | ||||||
9 | content of the proposed speech. If a fee applies to a | ||||||
10 | speech by an invited speaker, the inviting students, | ||||||
11 | student groups, or members of the faculty may not be | ||||||
12 | charged greater or lesser amounts based on the viewpoint, | ||||||
13 | content, or expected reaction to the speech. | ||||||
14 | (5) A statement that the outdoor public areas of | ||||||
15 | campuses of
the institution are designated public forums, | ||||||
16 | open on the
same terms to any speaker, and that any person | ||||||
17 | lawfully present on
campus may leaflet, protest, or | ||||||
18 | demonstrate in those outdoor public areas. | ||||||
19 | (6) A provision setting forth the affirmative steps | ||||||
20 | that the institution will take to protect the free speech | ||||||
21 | rights of invited speakers. | ||||||
22 | (7) A provision that, in all disciplinary cases | ||||||
23 | involving expressive conduct, students are entitled to a | ||||||
24 | disciplinary hearing under published procedures. When | ||||||
25 | suspension for longer than 30 days or expulsion are | ||||||
26 | potential penalties, students are entitled to the right to |
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1 | active assistance of counsel. | ||||||
2 | (8) A statement that the institution may not take | ||||||
3 | action, as
an institution, on the public policy | ||||||
4 | controversies of the
day in such a way as to require | ||||||
5 | students or faculty to
publicly espouse any given | ||||||
6 | viewpoint, provided that the institution may prescribe the | ||||||
7 | content of its curriculum. | ||||||
8 | (9) A statement that this policy supersedes and | ||||||
9 | nullifies any prior provisions in the policies and | ||||||
10 | regulations of the institution that restrict speech on | ||||||
11 | campus and are, therefore, inconsistent with this policy on | ||||||
12 | free expression. The institution shall remove or revise any | ||||||
13 | such provisions in its policies and regulations to ensure | ||||||
14 | compatibility with this policy on free expression.
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15 | Section 20. Committee on Free Expression. | ||||||
16 | (a) The Board of Higher Education shall create a single | ||||||
17 | Committee on Free Expression consisting of all of the following | ||||||
18 | members, all of whom shall serve without compensation: | ||||||
19 | (1) One member representing the University of Illinois | ||||||
20 | at Urbana-Champaign,
appointed by the university's board | ||||||
21 | of trustees. | ||||||
22 | (2) One member representing the University of Illinois | ||||||
23 | at Springfield, appointed by the university's board of | ||||||
24 | trustees. | ||||||
25 | (3) One member representing the University of Illinois |
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1 | at Chicago, appointed by the university's board of | ||||||
2 | trustees. | ||||||
3 | (4) One member representing Southern Illinois | ||||||
4 | University at Carbondale, appointed by the university's | ||||||
5 | board of trustees. | ||||||
6 | (5) One member representing Southern Illinois | ||||||
7 | University at Edwardsville, appointed by the university's | ||||||
8 | board of trustees. | ||||||
9 | (6) One member representing Western Illinois | ||||||
10 | University, appointed by the university's board of | ||||||
11 | trustees. | ||||||
12 | (7) One member representing Eastern Illinois | ||||||
13 | University, appointed by the university's board of | ||||||
14 | trustees. | ||||||
15 | (8) One member representing Illinois State University, | ||||||
16 | appointed by the university's board of trustees. | ||||||
17 | (9) One member representing Northern Illinois | ||||||
18 | University, appointed by the university's board of | ||||||
19 | trustees. | ||||||
20 | (10) One member representing Chicago State University, | ||||||
21 | appointed by the university's board of trustees. | ||||||
22 | (11) One member representing Governors State | ||||||
23 | University,
appointed by the university's board of | ||||||
24 | trustees. | ||||||
25 | (12) One member representing Northeastern Illinois | ||||||
26 | University, appointed by the university's board of |
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1 | trustees. | ||||||
2 | (13) Three members representing public community | ||||||
3 | colleges, appointed by the Illinois Community College | ||||||
4 | Board at its discretion. | ||||||
5 | (14) Four members representing faculty members, 2 | ||||||
6 | appointed by the Board of Higher Education and 2 appointed | ||||||
7 | by the Illinois Community College Board. | ||||||
8 | (15) Four members representing students, 2 appointed | ||||||
9 | by the Board of Higher Education and 2 appointed by the | ||||||
10 | Illinois Community College Board. | ||||||
11 | (b) The Committee on Free Expression shall meet initially | ||||||
12 | at the call of the Chairperson of the Board of Higher | ||||||
13 | Education, shall select one member as chairperson at its | ||||||
14 | initial meeting, and shall thereafter meet at the call of that | ||||||
15 | chairperson. The Board of Higher Education shall provide | ||||||
16 | administrative and other support to the Committee. | ||||||
17 | (c) The Committee on Free Expression shall report to the | ||||||
18 | public, the Board of Higher Education, the Governor, and the | ||||||
19 | General Assembly on September 1 of every year. The report shall | ||||||
20 | include all of the following: | ||||||
21 | (1) A description of any barriers to or disruptions of | ||||||
22 | free expression within public institutions. | ||||||
23 | (2) A description of the administrative handling and | ||||||
24 | discipline relating to these disruptions or barriers. | ||||||
25 | (3) A description of substantial difficulties, | ||||||
26 | controversies, or successes in maintaining a posture of |
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1 | administrative and institutional neutrality with regard to | ||||||
2 | political or social issues. | ||||||
3 | (4) Any assessments, criticisms, commendations, or | ||||||
4 | recommendations the committee sees fit to include.
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5 | Section 25. Freshman orientation information. Public | ||||||
6 | institutions shall include in their freshman orientation | ||||||
7 | programs a section describing to all students the policies and | ||||||
8 | rules regarding free expression that are consistent with this | ||||||
9 | Act.
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10 | Section 30. Rules; construction of Act. The Board of Higher | ||||||
11 | Education is authorized to adopt rules to further the purposes | ||||||
12 | of the policies adopted pursuant to this Act. Nothing in this | ||||||
13 | Act shall be construed to prevent public institutions from | ||||||
14 | regulating student speech or activity that is prohibited by | ||||||
15 | other federal, State, or local laws.
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16 | Section 35. Enforcement. The following persons may bring an | ||||||
17 | action in a court of competent jurisdiction to enjoin any | ||||||
18 | violation of this Act or to recover reasonable court costs and | ||||||
19 | attorney's fees: | ||||||
20 | (1) The Attorney General. | ||||||
21 | (2) A person whose expressive rights are violated by a | ||||||
22 | violation of this Act. | ||||||
23 | In an action brought under this Act, if the court finds |
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1 | that a violation of this Act occurred, the court may award the | ||||||
2 | aggrieved person injunctive relief for the violation and shall | ||||||
3 | award reasonable court costs and attorney's fees.
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