Signed by Governor Matt Bevin

Vote Smart's Synopsis:

Vote to pass a bill that requires public universities to adopt policies that would protect students' and faculty's rights to Freedom of speech and expression.

Highlights:

• Requires colleges and universities to adopt policies to ensure that the following policies are put into place (Sec. 1):

• Protection of the constitutional rights of all students and faculty to the freedom of expression;

• The granting of students and faculty the broadest possible latitude to speak, write, listen, challenge, learn, and discuss any issue;

• A commitment to maintaining a marketplace of ideas where the free exchange of ideas is not suppressed because an idea may be considered offensive, unwise, disagreeable, conservative, liberal, traditional, or radical;

• Students and faculty shall not substantially obstruct or interfere with the freedom on others to express, in order for debate and deliberation to take place;

• Student activity feed funding to a student organization shall not be denied based on the viewpoints that the organization advocates for;

• The open, outdoor areas of campus shall be maintained as public forums for students and faculty to express their views, so free expression is not limited to particular areas of campus, often referred to as “free speech zones;”

• Permit requirements shall not prohibit spontaneous outdoor assemblies or distribution of literature, although an institution may adopt a policy that grants members of the university community the right to reserve certain outdoor spaces in advance;

• All students and faculty shall be allowed to invite guest speakers to campfor to engage in free speech regardless of their viewpoints;

• Students shall not be charged fees based on the content of their speech, the content of the speech of guest speakers, or the anticipated reaction or opposition of listeners to the speech; and

• The institution shall not disinvite an invited speaker because their anticipated speech may be considered offensive, unwise, disagreeable, conservative, liberal, traditional, or radical.

• Specifies that any person wronged by one of the above policy requirements shall have a cause of action against the educational institution for damaged arising from the violation, including reasonable attorney’s fees and litigation costs (Sec. 1).

• Specifies that any claim brought against an education institution must be asserted within one year of the time of supposed violation occurred (Sec. 1).

• Specifies that any prevailing claimant shall be rewarded no less than $1,000, but no more than $100,000 cumulatively per action. If multiple claimants prevail and the damaged awarded exceed $100,000, the damages shall be divided  equally among the prevailing claimants (Sec. 1).

• Requires that these new free speech policies be made available by publishing them in the institution’s student and faculty handbooks, and on the institution’s website (Sec. 1).

• Specifies that nothing in this new free speech policy grants students the right to engage in conduct that intentionally and substantially disrupts another individual’s expressive activity if that activity is occurring in a campus space previously scheduled or reserved for that activity (Sec. 1).

Full Bill Text