Comparing HB 326 → HB 3157 — The Forming Open and Robust University Minds (FORUM) Act

Struck = only in HB 326 · added = only in HB 3157.

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MISSISSIPPI LEGISLATURE REGULAR SESSION 2024 By:
HB 3157 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP.
Representative Hobgood-Wilkes To:
COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.
Universities and Colleges HOUSE BILL NO.
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326 AN ACT TO ESTABLISH THE "FORMING OPEN AND ROBUST UNIVERSITY MINDS (FORUM) ACT," AS IT RELATES TO FREEDOM OF SPEECH ON THE CAMPUSES OF STATE INSTITUTIONS OF HIGHER LEARNING;
Green = existing Code.
TO PROHIBIT A STATE INSTITUTION OF HIGHER LEARNING FROM DENYING A RELIGIOUS, POLITICAL OR IDEOLOGICAL STUDENT ORGANIZATION A BENEFIT OR PRIVILEGE AVAILABLE TO ANOTHER STUDENT ORGANIZATION, OR OTHERWISE DISCRIMINATE AGAINST SUCH AN ORGANIZATION, BASED ON THE EXPRESSION OF THE ORGANIZATION;
Red = new code to be enacted WEST virginia Legislature regular session Introduced House Bill 3157 By Delegates Kimble, Holstein, Hanna, Keaton, Kessinger, Mazzocchi, Summers, Cooper, McGeehan, Phillips and Horst [Introduced March 15, 2021;
TO REQUIRE STATE INSTITUTIONS OF HIGHER LEARNING TO DEVELOP AND MAKE AVAILABLE MATERIALS EXPLAINING THE POLICY FOR CAMPUS STAFF AND STUDENTS;
Referred to the Committee on Education then the Judiciary] A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-34-1, §18-34-2, §18-34-3, §18-34-4, §18-34-5, §18-34-6, §18-34-7, §18-34-8, §18-34-9, §18-34-10, §18-34-11, §18-34-12, §18-34-13, and §18-34-14, all relating to the Forming Open and Robust University Minds (FORUM) Act;
TO REQUIRE STATE INSTITUTIONS OF HIGHER LEARNING TO SUBMIT A YEARLY REPORT DETAILING THE COURSE OF ACTION IMPLEMENTED TO COMPLY WITH THE POLICY;
providing for legislative findings regarding the exercise of First Amendment rights on public university campuses in this state as being critical components of the education experience for students;
TO PRESCRIBE A ONE-YEAR STATUTE OF LIMITATIONS FOR ACTIONS BROUGHT UNDER THIS ACT;
providing for definitions;
AND FOR RELATED PURPOSES.
defining protected expressive activities;
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
defining public forums and prohibiting “free speech zones;” establishing reasonable time, place, and manner restrictions;
SECTION 1.
providing for the freedom of association;
This act shall be known and may be cited as the "Forming Open and Robust University Minds (FORUM) Act." SECTION 2.
developing policies and procedures for the implementation of this article;
As used in this act, the following terms shall have the meaning ascribed in this section, unless context of use clearly requires otherwise:
providing for accountability to the public and remedies for violation of this article;
(a) "Benefit" means the following:
giving immunity and providing for severability;
(i) Recognition;
and providing for an effective date.
(ii) Registration;
Be it enacted by the Legislature of West Virginia:
H.
ARTICLE 34.
B.
The Forming Open and Robust University Minds (FORUM) Act.
No.
§18-34-1.
326 *HR31/R315* ~ OFFICIAL ~ G1/2 24/HR31/R315 PAGE 1 (DJ\JAB) (iii) The use of facilities of the institution of higher education for meetings or speaking purposes;
Short title.
(iv) The use of channels of communication;
This article may be cited and known as the Forming Open and Robust University Minds Act.
and (v) Funding sources that are otherwise available to other student organizations at the state institution of higher learning.
§18-34-2.
(b) "Campus community" includes students, administrators, faculty and staff at the institution of higher education and their invited guests.
Legislative findings.
(c) "Harassment" shall mean only that expression that is unwelcome, so severe, pervasive, and subjectively and objectively offensive, that a student is effectively denied equal access to educational opportunities or benefits provided by the state institution of higher learning.
The West Virginia Legislature finds that the First Amendment of the United States Constitution and the West Virginia Constitution protect the rights of freedom of speech, freedom of the press, freedom of religion, freedom of association and to petition the Government for all citizens.
(d) "Materially and substantially disrupts" means when a person, with the intent to or with knowledge of doing so, significantly hinders another person's or group's expressive activity, prevents the communication of the message, or prevents the transaction of the business of a lawful meeting, gathering or procession by:
Furthermore, the Supreme Court has called public universities, “peculiarly the marketplace of ideas,” Healy v.
(i) Engaging in fighting, violent, or other unlawful behavior;
James, 408 U.S.
or (ii) Physically blocking or using threats of violence to prevent any person from attending, listening to, viewing, or otherwise participating in an expressive activity.
169, 180 (1972), where young adults learn to exercise these constitutional rights necessary to participate in our system of government and to tolerate others’ exercise of the same rights, and there is “no room for the view that…First Amendment protections should apply with less force on college campuses than in the community at large,” Healy, 408 U.S.
H.
at 180;
B.
This legislature views the exercise of First Amendment rights on public university campuses in this state as critical components of the education experience for students and requires that each public university in this state ensure free, robust, and uninhibited debate and deliberations by students whether on or off campus.
No.
This legislature also finds that public universities in this state and elsewhere are failing to provide adequate safeguards for the First Amendment rights of their students leading to a stifling of expression on campus.
326 *HR31/R315* ~ OFFICIAL ~ 24/HR31/R315 PAGE 2(DJ\JAB) Conduct that "materially disrupts" shall not include conduct that is protected under the First Amendment to the United States Constitution or Section 14, Mississippi Constitution of 1890.
The Supreme Court has warned that if public universities stifle student speech and prevent the open exchange of ideas on campus, “our civilization will stagnate and die.” Sweezy v.
New Hampshire, 354 U.S.
234, 250 (1957).
Finally, this legislature has determined that a significant amount of taxpayer dollars is appropriated to public institutions of higher education each year and as such, this legislature must ensure that all public institutions of higher education receiving state funds recognize freedom of speech as a fundamental right for all.
§18-34-3.
Definitions.
As used in this section:
(a) “Benefit” means the following:
(1) Recognition;
(2) Registration;
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(3) The use of facilities of the institution of higher education for meetings or speaking purposes;
(4) The use of channels of communication;
and (5) Funding sources that are otherwise available to other student organizations at the public institution of higher education.
(b) “Campus Community” includes students, administrators, faculty and staff at the institution of higher education and their invited guests.
(c) “Harassment” shall mean only that expression that is unwelcome, so severe, pervasive, and subjectively and objectively offensive, that a student is effectively denied equal access to educational opportunities or benefits provided by the public institution of higher education, which includes free, robust, and uninhibited debate and deliberation by students.
(d) “Materially and substantially disrupts” means when a person, with the intent to or with knowledge of doing so, significantly hinders another person’s or group’s expressive activity, prevents the communication of the message, or prevents the transaction of the business of a lawful meeting, gathering or procession by:
(1) Engaging in fighting, violent, or other unlawful behavior;
or (2) Physically blocking or using threats of violence to prevent any person from attending, listening to, viewing, or otherwise participating in an expressive activity.
Conduct that “materially disrupts” shall not include conduct that is protected under the First Amendment to the United States Constitution or West Virginia Constitution.
(e) "Outdoor areas of campus" means the generally accessible outside areas of campus where members of the campus community are commonly allowed, such as grassy areas, walkways or other similar common areas and does not include outdoor areas where access is restricted from a majority of the campus community.
(3) Use of sound to drown out or muffle expressive activity.
(f) "State institution of higher learning" means any public technical institute, public junior college, public senior college or university, law school, medical or dental school, public state college, or other agency of higher education.
(e) “Outdoor areas of campus” means the generally accessible outside areas of campus where members of the campus community are commonly allowed, such as grassy areas, walkways or other similar common areas and does not include outdoor areas where access is restricted from a majority of the campus community.
(g) "Student" means any person who is enrolled on a full-time or part-time basis in a state institution of higher learning.
(f) “Public institution of higher education” means any public technical institute, public junior college, public senior college or university, law school, medical or dental school, public state college, or other agency of higher education as defined in §18B-1-1, et seq.
(h) "Student organization" means an officially recognized group at a state institution of higher learning, or a group seeking official recognition, comprised of admitted students H.
(g) “Student” means any person who is enrolled on a full-time or part-time basis in a public institution of higher education.
B.
(h) “Student organization” means an officially recognized group at a public institution of higher education, or a group seeking official recognition, comprised of admitted students that receive, or are seeking to receive, benefits through the institution of higher education as defined in this section.
No.
§18-34-4.
326 *HR31/R315* ~ OFFICIAL ~ 24/HR31/R315 PAGE 3(DJ\JAB) that receive, or are seeking to receive, benefits through the institution of higher education as defined in this section.
Protective expressive activities.
SECTION 3.
Expressive activities protected under the provisions of this article include, but are not limited to, any lawful verbal, written, audio-visual, or electronic means by which individuals may communicate ideas to one another, including all forms of peaceful assembly, protests, speeches and guest speakers, distribution of literature, carrying signs, and circulating petitions.
Expressive activities protected under the provisions of this act include, but are not limited to, any lawful verbal, written, audio-visual or electronic means by which individuals may communicate ideas to one another, including all forms of peaceful assembly, protests, speeches and guest speakers, distribution of literature, carrying signs and circulating petitions.
§18-34-5.
SECTION 4.
Public forums defined;
The outdoor areas of campuses of state institutions of higher learning in this state shall be deemed public forums for the campus community, and state institutions of higher learning shall not create "free speech zones" or other designated areas of campus outside of which expressive activities are prohibited.
“free speech zones” prohibited.
State institutions of higher learning may maintain and enforce reasonable time, place and manner restrictions narrowly tailored in service of a significant institutional interest only when such restrictions employ clear, published, content- and viewpoint-neutral criteria, and provide for ample alternative means of expression.
The outdoor areas of campuses of public institutions of higher education in this state shall be deemed public forums for the campus community, and public institutions of higher education shall not create “free speech zones” or other designated areas of campus outside of which expressive activities are prohibited.
Public institutions of higher education may maintain and enforce reasonable time, place and manner restrictions narrowly tailored in service of a significant institutional interest only when such restrictions employ clear, published, content- and viewpoint-neutral criteria, and provide for ample alternative means of expression.
The public forum protections provided in this section apply only to expressive activities.
Nothing in this section shall be interpreted as limiting the right of student expression elsewhere on campus.
H.
§18-34-6.
B.
Time, place and manner restrictions.
No.
(a) Any person who wishes to engage in expressive activity on campus shall be permitted to do so freely, as long as the person’s conduct is not unlawful and does not materially and substantially disrupt the functioning of the public institution of higher education, subject only to the requirements of section 3 herein.
326 *HR31/R315* ~ OFFICIAL ~ 24/HR31/R315 PAGE 4(DJ\JAB) Nothing in this section shall be interpreted as limiting the right of student expression elsewhere on campus.
(b) Nothing in this section shall prohibit public institutions of higher education from maintaining and enforcing reasonable time, place and manner restrictions that are narrowly tailored to serve a significant institutional interest only when such restrictions employ clear, published, content and viewpoint-neutral criteria.
SECTION 5.
(1) Any person who wishes to engage in noncommercial expressive activity on campus shall be permitted to do so freely, as long as the person's conduct is not unlawful and does not materially and substantially disrupt the functioning of the state institution of higher learning, subject only to the requirements of Section 4 of this act.
(2) Nothing in this act shall prohibit state institutions of higher learning from maintaining and enforcing reasonable time, place and manner restrictions that are narrowly tailored to serve a significant institutional interest only when such restrictions employ clear, published, content- and viewpoint-neutral criteria.
(3) Nothing in this act shall be interpreted as preventing state institutions of higher learning from prohibiting, limiting, or restricting expression that the First Amendment does not protect (e.g.
(c) Nothing in this section shall be interpreted as preventing public institutions of higher education from prohibiting, limiting, or restricting expression that the First Amendment does not protect (e.g., true threats, expression directed to provoke imminent lawless actions and likely to produce it,) or prohibiting harassment as defined in section 1 of this article.
true threats, expression directed to provoke imminent lawless actions and expression inciting others to commit unlawful activity) or prohibit harassment as defined in Section 2 of this act.
(d) Nothing in this section shall enable individuals to engage in conduct that intentionally, materially, and substantially disrupts another’s expressive activity if that activity is occurring in a campus space reserved for that activity under the exclusive use or control of a particular group.
(4) Nothing in this act shall enable individuals to engage in conduct that intentionally, materially, and substantially H.
§18-34-7.
B.
Freedom of association and nondiscrimination against students and student organizations.
No.
No public institution of higher education may deny a religious, political or ideological student organization any benefit or privilege available to any other student organization, or otherwise discriminate against such an organization, based on the expression of the organization, including any requirement that the leaders or members of such organization:
326 *HR31/R315* ~ OFFICIAL ~ 24/HR31/R315 PAGE 5(DJ\JAB) disrupts another's expressive activity if that activity is occurring in a campus space reserved for that activity under the exclusive use or control of a particular group.
(a) Affirm and adhere to the organization’s sincerely held beliefs;
SECTION 6.
(b) Comply with the organization’s standards of conduct;
No state institution of higher learning may deny a religious, political or ideological student organization any benefit or privilege available to any other student organization, or otherwise discriminate against such an organization, based on the expression of the organization, including any requirement that the leaders or members of such organization:
or (c) Further the organization’s mission or purpose, as defined by the student organization.
(a) Affirm and adhere to the organization's sincerely held beliefs;
§18-34-8.
(b) Comply with the organization's standards of conduct;
Development of policies and procedures.
or (c) Further the organization's mission or purpose, as defined by the student organization.
Public institutions of higher education shall develop materials, programs, and procedures to ensure that those persons who have responsibility for discipline or education of students, such as administrators, campus police officers, residence life officials, and professors, understand the policies, regulations, and duties of public institutions of higher education regarding free expression on campus consistent with this article.
SECTION 7.
§18-34-9.
State institutions of higher learning shall make public in their handbooks, on their websites, and through their orientation programs for students the policies, regulations and expectations of students regarding free expression on campus consistent with this act.
Accountability to the Public.
SECTION 8.
Each public institution of higher education shall publicly post on their website, as well as submit to the governor and state legislature by (30 days prior to the beginning of the state legislative session), a report which will detail the course of action implemented to be in compliance with the requirements of this article.
State institutions of higher learning shall develop materials, programs and procedures to ensure that those persons who have responsibility for discipline or education of students, such as administrators, campus police officers, residence life officials, and professors, understand the policies, H.
B.
No.
326 *HR31/R315* ~ OFFICIAL ~ 24/HR31/R315 PAGE 6(DJ\JAB) regulations and duties of state institutions of higher learning regarding free expression on campus consistent with this act.
SECTION 9.
(1) Each state institution of higher learning shall publicly post on their website, as well as annually submit to the Governor and Legislature, by December 1 of each year, a report which will detail the course of action implemented to be in compliance with the requirements of this act.
(a) Accessible from the institution's Internet website home page by use of not more than three (3) links;
(a) Accessible from the institution’s Internet website home page by use of not more than three links;
and (c) Accessible to the public without requiring registration or use of a user name, a password or another user identification.
and (c) Accessible to the public without requiring registration or use of a user name, a password, or another user identification.
(2) The report shall include:
The report shall include:
(a) (i) A description of any barriers to or incidents of disruption of free expression occurring on campus, including, but not limited to, attempts to block or prohibit speakers and investigations into students or student organizations for their speech;
(a) A description of any barriers to or incidents of disruption of free expression occurring on campus, including but not limited to attempts to block or prohibit speakers and investigations into students or student organizations for their speech.
and (ii) The description shall include the nature of each barrier or incident, as well as what disciplinary action, if any, was taken against members of the campus community determined to be responsible for those specific barriers or incidents.
The description shall include the nature of each barrier or incident, as well as what disciplinary action, if any, was taken against members of the campus community determined to be responsible for those specific barriers or incidents involving students shall be reported without revealing those students’ personally identifiable information;
The H.
and (b) Any other information each public institution of higher education deems valuable for the public to evaluate whether free expression rights for all members of the campus community have been equally protected and enforced consistent with this article.
B.
If a public institution of higher education is sued for an alleged violation of First Amendment rights, a supplementary report with a copy of the complaint, or any amended complaint, must be submitted to the governor and state legislature within 30 days.
No.
§18-34-10.
326 *HR31/R315* ~ OFFICIAL ~ 24/HR31/R315 PAGE 7(DJ\JAB) description of any barrier, incident or disciplinary action shall be reported without revealing those students' personally identifiable information;
Remedies.
and (b) Any other information each state institution of higher learning deems valuable for the public to evaluate whether free expression rights for all members of the campus community have been equally protected and enforced consistent with this act.
Any person or student association aggrieved by a violation of this article may bring an action against the public institution of higher education and its employees acting in their official capacities, responsible for the violation and seek appropriate relief, including, but not limited to, injunctive relief, monetary damages, reasonable attorneys’ fees, and court costs.
(3) If a state institution of higher learning is sued for an alleged violation of First Amendment rights, a supplementary report with a copy of the complaint, or any amended complaint, must be submitted to the Governor and Legislature within thirty (30) days.
If a court should find a violation of this article, the Court may award such person or student organization reasonable attorney fees if the Court finds that such person or student organization substantially prevailed in the action and that the violation was sufficiently clear or obvious such that the institution had no reasonable expectation of prevailing in the action.
SECTION 10.
§18-34-11.
Any person or student association aggrieved by a violation of this act may bring an action against the state institution of higher learning and its employees acting in their official capacities, responsible for the violation and seek appropriate relief, including, but not limited to, injunctive relief, monetary damages, reasonable attorneys' fees and court costs.
Statute of limitations.
If a court should find a violation of this act, it shall issue an award of at least Five Thousand Dollars ($5,000.00).
A person shall be required to bring suit for violation of this section not later than one year after the day the cause of action accrues.
Any person or student organization aggrieved by a violation of this act may assert such violation as a defense or counter claim in any disciplinary action or in any civil or administrative proceedings brought against such student or student organization.
For purposes of calculating the one-year limitation period, each day that the violation persists, and each day that a policy in violation of this section remains in effect, shall constitute a new day that the cause of action has accrued.
Nothing in H.
§18-34-12.
B.
Immunity.
No.
The state waives immunity under the Eleventh Amendment of the United States Constitution and consents to suit in a federal court for lawsuits arising out of this article.
326 *HR31/R315* ~ OFFICIAL ~ 24/HR31/R315 PAGE 8(DJ\JAB) this section shall be interpreted to limit any other remedies available to any person or student organization.
A public institution of higher education that violates this article is not immune from suit or liability for the violation.
SECTION 11.
§18-34-13.
A person shall be required to bring suit for violation of this act not later than one (1) year after the day the cause of action accrues.
Severability.
For purposes of calculating the one-year limitation period, each day that the violation persists, and each day that a policy in violation of this act remains in effect, shall constitute a new day that the cause of action has accrued.
If any provision of this article or any application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this article and the application of the provision to any other person or circumstance shall not be affected.
SECTION 12.
§18-34-14.
If any provision of this act or any application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this act and the application of the provision to any other person or circumstance shall not be affected.
Effective date.
SECTION 13.
This article shall take effect upon its passage.
This act shall take effect and be in force from and after July 1, 2024.
NOTE:
H.
The purpose of this bill is to create the Forming Open and Robust University Minds (FORUM) Act, to provide legislative findings, to give definitions, to define protected expressive activities, to define public forums and prohibit “free speech zones,” to allow for the freedom of association, to develop policies and procedures, to provide accountability to the public and remedies, to give immunity and severability, and to provide for an effective date.
B.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
No.
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