2
3
4
5
6 Cosponsors:
7 Justin L. Fawson
8 Adam Gardiner
9 Timothy D. Hawkes
10 Ken Ivory
Michael S. Kennedy
Karianne Lisonbee
Jeremy A. Peterson
Susan Pulsipher
Marc K. Roberts
Mike Schultz
Logan Wilde
Mike Winder
11
12 LONG TITLE
13 General Description:
14 This bill enacts provisions related to expressive activity at an institution of higher
15 education.
16 Highlighted Provisions:
17 This bill:
18 ▸ defines terms;
19 ▸ designates outdoor areas of campuses at institutions of higher education as
20 traditional public forums;
21 ▸ creates requirements for institutions of higher education related to expressive
22 activity;
23 ▸ creates a cause of action related to a violation of expressive rights at an institution
24 of higher education; and
25 ▸ enacts other provisions related to expressive activity at an institution of higher
26 education.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 ENACTS:
33 53B-27-101, Utah Code Annotated 1953
34 53B-27-102, Utah Code Annotated 1953
35 53B-27-201, Utah Code Annotated 1953
36 53B-27-202, Utah Code Annotated 1953
37 53B-27-203, Utah Code Annotated 1953
38 53B-27-204, Utah Code Annotated 1953
39 53B-27-205, Utah Code Annotated 1953
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 53B-27-101 is enacted to read:
43
44
45 53B-27-101. Title.
46 (1) This chapter is known as the "Campus Individual Rights Act."
47 (2) This part is known as "General Provisions."
48 Section 2. Section 53B-27-102 is enacted to read:
49 53B-27-102. Definitions.
50 As used in this chapter, "institution" means an institution of higher education listed in
51 Section 53B-1-102.
52 Section 3. Section 53B-27-201 is enacted to read:
53
54 53B-27-201. Title.
55 This part is known as the "Campus Free Expression Act."
56 Section 4. Section 53B-27-202 is enacted to read:
57 53B-27-202. Definitions.
58 As used in this part, "expressive activity" includes:
59 (1) peacefully assembling, protesting, or speaking;
60 (2) distributing literature;
61 (3) carrying a sign; or
62 (4) circulating a petition.
63 Section 5. Section 53B-27-203 is enacted to read:
64 53B-27-203. Expressive activities at an institution.
65 (1) An outdoor area of an institution's campus is a traditional public forum.
66 (2) An institution may maintain and enforce reasonable time, place, or manner
67 restrictions on an expressive activity in an outdoor area of the institution's campus, if the
68 restrictions:
69 (a) are narrowly tailored to serve a significant institutional interest;
70 (b) are based on published, content-neutral, and viewpoint-neutral criteria; and
71 (c) leave open ample alternative channels for communication.
72 (3) Subject to Subsection (2), an institution may not prohibit:
73 (a) a member of the institution's community or the public from spontaneously and
74 contemporaneously assembling in an outdoor area of the institution's campus; or
75 (b) a person from freely engaging in noncommercial expressive activity in an outdoor
76 area of the institution's campus if the person's conduct is lawful.
77 (4) This part does not apply to expressive activity in an area on an institution's campus
78 other than an outdoor area.
79 Section 6. Section 53B-27-204 is enacted to read:
80 53B-27-204. Cause of action.
81 (1) The following persons may bring an action in a state court of competent jurisdiction
82 to enjoin a violation of this part or to recover compensatory damages, reasonable court costs, or
83 reasonable attorney fees:
84 (a) the attorney general; or
85 (b) a person claiming that the person's expressive rights, as described in this part, were
86 violated.
87 (2) In an action brought under this part, if the court finds a violation of this part, the
88 court:
89 (a) shall enjoin the violation;
90 (b) shall, if a person whose expressive rights were violated brought the action, award
91 the person:
92 (i) at least $500 for an initial violation; and
93 (ii) if the person notifies the institution of the violation, $50 for each day the violation
94 continues after the notification; and
95 (c) may award a prevailing plaintiff:
96 (i) compensatory damages;
97 (ii) reasonable court costs; or
98 (iii) reasonable attorney fees.
99 (3) Notwithstanding Title 63G, Chapter 7, Governmental Immunity Act of Utah, an
100 institution that violates this part is not immune from suit or liability for the violation.
101 Section 7. Section 53B-27-205 is enacted to read:
102 53B-27-205. Statute of limitations.
103 (1) Except as provided in Subsection (3), an action under this part may not be brought
104 later than one year after the day on which the cause of action accrues.
105 (2) Each day that a violation continues after an initial violation, and each day that an
106 institution's policy in violation of this part remains in effect, shall constitute a continuing
107 violation of this part.
108 (3) For a continuing violation described in Subsection (2), the limitation described in
109 Subsection (1) shall extend to one year after the day on which the most recent violation occurs.