Text of AR SB 125 (2023)

Stricken language would be deleted from and underlined language would be added to present law. *TNL057* 1/24/2023 2:01:06 PM TNL057 State of Arkansas 1 94th General Assembly A Bill 2 Regular Session, 2023 SENATE BILL 125 3 4 By: Senator D. Sullivan 5 By: Representative Beck 6 7 For An Act To Be Entitled 8 AN ACT CONCERNING THE FORMING OPEN AND ROBUST 9 UNIVERSITY MINDS (FORUM) ACT; TO CHANGE THE NAME OF 10 THE FORMING OPEN AND ROBUST UNIVERSITY MINDS (FORUM) 11 ACT TO THE FREE THOUGHT IN HIGHER EDUCATION ACT; TO 12 AMEND THE RESTRICTIONS A STATE-SUPPORTED INSTITUTION 13 OF HIGHER EDUCATION MAY IMPOSE ON FREE EXPRESSION; TO 14 AMEND THE AREAS THAT CONSTITUTE A PUBLIC FORUM FOR 15 MEMBERS OF A CAMPUS COMMUNITY; AND FOR OTHER 16 PURPOSES. 17 18 19 Subtitle 20 TO CHANGE THE NAME OF THE FORUM ACT; TO 21 AMEND THE RESTRICTIONS AN INSTITUTION OF 22 HIGHER EDUCATION MAY IMPOSE ON FREE 23 EXPRESSION; AND TO AMEND THE AREAS THAT 24 CONSTITUTE A PUBLIC FORUM FOR MEMBERS OF 25 A CAMPUS COMMUNITY. 26 27 28 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 29 30 SECTION 1. Arkansas Code § 6-60-1001 is amended to read as follows: 31 6-60-1001. Title. 32 This subchapter shall be known and may be cited as the “Forming Open 33 and Robust University Minds (FORUM) Act” "Free Thought in Higher Education 34 Act". 35 36 SB125 2 1/24/2023 2:01:06 PM TNL057 SECTION 2. Arkansas Code § 6-60-1002(3)-(7), concerning the 1 legislative intent of the Forming Open and Robust University Minds (FORUM) 2 Act, are amended to read as follows: 3 (3) The exercise of First Amendment rights on the campuses of 4 state-supported institutions of higher education in this state is a critical 5 component of the education experience for students and requires that each 6 state-supported institution of higher education in this state ensure ensures 7 free, robust, and uninhibited debate and deliberation by students, whether on 8 or off campus; 9 (4) The First Amendment is the floor of free speech protection, 10 and a commitment to the free exchange of ideas gives members of campus 11 communities in this state the ability to engage in free, robust, and 12 uninhibited debate and deliberation, whether on or off campus, beyond those 13 guaranteed by the First Amendment; 14 (4)(5) State-supported institutions of higher education in this 15 state and elsewhere should provide adequate safeguards for the First 16 Amendment rights of their students right to free speech of members of campus 17 communities to avoid a stifling of expression on campus; 18 (5)(6) The United States Supreme Court has warned that if state- 19 supported institutions of higher education stifle student speech and prevent 20 the open exchange of ideas on campus, “our civilization will stagnate and 21 die”, Sweezy vs. New Hampshire, 354 U.S. 234, 250 (1957); 22 (6)(7) A significant amount of taxpayer dollars is appropriated 23 to state-supported institutions of higher education each year, and the 24 General Assembly must ensure that all state-supported institutions of higher 25 education receiving state funds recognize freedom of speech as a fundamental 26 right for all; and 27 (7)(8) State-supported institutions of higher education should 28 strive to ensure the fullest degree of intellectual and academic freedom and 29 free expression, and it is not the proper role of state-supported 30 institutions of higher education to shield individuals from speech that is 31 protected by the First Amendment to the United States Constitution, including 32 without limitation ideas and opinions the individuals may find unwelcome, 33 uncollegial, disagreeable, or even deeply offensive. 34 35 SECTION 3. Arkansas Code § 6-60-1003(6)(B), concerning definitions 36 SB125 3 1/24/2023 2:01:06 PM TNL057 under the Forming Open and Robust University Minds (FORUM) Act, is amended to 1 read as follows: 2 (B) “Materially and substantially disrupts” does not 3 include conduct that is protected under the First Amendment to the United 4 States Constitution or Arkansas Constitution, Article 2, §§ 4, 6, and 24, or 5 is otherwise protected under this subchapter or in another state statute, 6 which includes without limitation: 7 (i) Lawful protests in an outdoor any area of campus 8 that is generally accessible to members of the campus community, except 9 during times when the area has been reserved in advance for another event; or 10 (ii) Minor, brief, or fleeting nonviolent 11 disruptions of events that if the disruptions are isolated and short in 12 duration; 13 14 SECTION 4. Arkansas Code § 6-60-1004 is amended to read as follows: 15 6-60-1004. Protected expressive activities. 16 (a) Expressive activities protected under this subchapter consist of 17 speech and other expressive conduct protected by the First Amendment to the 18 United States Constitution, including without limitation: 19 (1) Communicating through any lawful verbal, written, or 20 electronic means; 21 (2) Participating in peaceful assembly; 22 (3) Protesting; 23 (4) Making speeches, including without limitation those of guest 24 speakers; 25 (5) Distributing literature; 26 (6) Making comments to the media; 27 (7) Carrying signs; and 28 (8) Circulating petitions. 29 (b)(1) Except as provided under subsection (c) of this section, a 30 state-supported institution of higher education shall: 31 (A) Ensure that members of the campus community have the 32 fullest degree of intellectual and academic freedom and free expression; 33 (B) Not restrict speech that an individual may find 34 controversial, uncollegial, disagreeable, or offensive; 35 (C) Not mandate the use of specific words, including 36 SB125 4 1/24/2023 2:01:06 PM TNL057 without limitation pronouns; and 1 (D) Not restrict members of the campus community from 2 communicating with members of the public, whether members of the public are 3 members of the campus community or the public at large, on any matter except 4 for a matter prohibited by state or federal law. 5 (2) Speech and expressive conduct permitted under subdivision 6 (b)(1) of this section shall not interfere with state and federal laws for 7 the prohibition of harassment and discrimination. 8 (c) A state-supported institution of higher education may impose 9 reasonable restrictions regarding the time, place, or manner of carrying out 10 expressive activities. 11 12 SECTION 5. Arkansas Code § 6-60-1005 is amended to read as follows: 13 6-60-1005. Public forums. 14 (a) An outdoor area The following areas of campus of a state-supported 15 institution of higher education shall be deemed a public forum for members of 16 the campus community all people legally present on campus: 17 (1) Outdoor areas; and 18 (2) Indoor areas that are generally accessible to members of the 19 campus community. 20 (b) State-supported institutions of higher education: 21 (1) Shall not create free-speech zones or other designated 22 outdoor areas of campus outside of which expressive activities are 23 prohibited; and 24 (2)(A) May maintain and enforce reasonable time, place, and 25 manner restrictions regarding the time, place, and manner of carrying out 26 expressive activities for outdoor areas of campus that are narrowly tailored 27 to serve a significant institutional interest only when such restrictions: 28 (i) Employ clear, published, content-neutral and 29 viewpoint-neutral criteria; and 30 (ii) Provide for ample alternative means of 31 expression. 32 (B) Any restrictions under subdivision (b)(2)(A) of this 33 section shall allow for members of the campus community to spontaneously and 34 contemporaneously assemble, speak, and distribute literature. 35 (c) A member of the campus community who wants All people legally 36 SB125 5 1/24/2023 2:01:06 PM TNL057 present on campus who want to engage in noncommercial expressive activity in 1 an outdoor any public area of campus of a state-supported institution of 2 higher education shall be permitted to do so freely as provided under 3 subsection (b) of this section if the individual's their conduct: 4 (1) Is not unlawful; and 5 (2) Does not materially and substantially disrupt, as defined 6 under § 6-60-1003, the functioning of the state-supported institution of 7 higher education. 8 (d) This section shall not be interpreted as: 9 (1) Limiting the right of campus community member expression 10 elsewhere on campus; 11 (2) Preventing a state-supported institution of higher education 12 from prohibiting, limiting, or restricting expression that the First 13 Amendment to the United States Constitution does not implicate is illegal, 14 including without limitation true threats and expression directed to provoke 15 imminent lawless actions and likely to produce it, or prohibiting harassment 16 as defined by § 6-60-1003; or 17 (3) Allowing an individual to engage in conduct that materially 18 and substantially disrupts, as defined under § 6-60-1003, a class, lecture, 19 or other presentation or event, an administrative office, or another person's 20 expressive activity if the other person's activity is occurring in an area of 21 campus that is reserved for an activity under the exclusive use or control of 22 a particular individual or group. 23 24 25 26 27 28 29 30 31 32 33 34 35 36

Stricken language would be deleted from and underlined language would be added to present law. Act 614 of the Regular Session *TNL057* 03-15-2023 14:32:47 TNL057 State of Arkansas As Engrossed: S2/9/23 S3/14/23 S3/15/23 1 94th General Assembly A Bill 2 Regular Session, 2023 SENATE BILL 125 3 4 By: Senator J. Dotson 5 By: Representative Beck 6 7 For An Act To Be Entitled 8 AN ACT CONCERNING FREE SPEECH RIGHTS AT STATE- 9 SUPPORTED INSTITUTIONS OF HIGHER EDUCATION; AND FOR 10 OTHER PURPOSES. 11 12 13 Subtitle 14 CONCERNING FREE SPEECH RIGHTS AT STATE- 15 SUPPORTED INSTITUTIONS OF HIGHER 16 EDUCATION. 17 18 19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 21 SECTION 1. Arkansas Code Title 6, Chapter 60, is amended to add an 22 additional subchapter to read as follows: 23 Subchapter 14 — Free Speech Rights at State-Supported Institutions of Higher 24 Education 25 26 6-60-1401. Legislative intent. 27 The General Assembly finds that: 28 (1) The First Amendment to the United States Constitution and 29 Article 2, Section 6, of the Arkansas Constitution protect the right of free 30 speech, including the speech of students enrolled in state-supported 31 institutions of higher education and other members of campus communities; 32 (2) Student expression and the exchange of ideas is the primary 33 way in which institutions of higher education fulfill educational missions; 34 and 35 (3) It is a matter of statewide interest to protect the rights 36 As Engrossed: S2/9/23 S3/14/23 S3/15/23 SB125 2 03-15-2023 14:32:47 TNL057 of students and other members of campus communities to exercise their freedom 1 of speech rights on campuses of state-supported institutions of higher 2 education, while also recognizing the right of those state-supported 3 institutions of higher education to enact reasonable restrictions that 4 preserve their ability to fulfill their educational missions. 5 6 6-60-1402. Definitions. 7 As used in this subchapter: 8 (1) "Campus community" means the same as defined in § 6-60- 9 1003(2); 10 (2) "Campus forum" means: 11 (A) An outdoor area of campus as defined in § 6-60- 12 1003(7); or 13 (B) Any non-academic and publicly open portion of a 14 facility that a state-supported institution of higher education has 15 traditionally made available to members of the campus community for 16 expressive purposes; 17 (3) "Expression" means any lawful verbal or written means by 18 which an individual may communicate an idea to another individual; 19 (4) "State-supported institution of higher education" means the 20 same as defined in § 6-60-1003(8); and 21 (5) "Student" means any person who is enrolled on a full-time or 22 part-time basis in a state-supported institution of higher education. 23 24 6-60-1403. Protected expression. 25 (a) A state-supported institution of higher education shall not limit 26 or restrict the expression of a member of the campus community in a campus 27 forum based on the: 28 (1) Viewpoint of the expression; or 29 (2) Reaction or opposition from listeners to or observers of the 30 expression. 31 (b) Except as permitted by the First Amendment to the United States 32 Constitution and Article 2, Section 6, of the Arkansas Constitution, or as 33 otherwise permitted under this subchapter, a state-supported institution of 34 higher education shall not abridge the expression of a member of the campus 35 community. 36 As Engrossed: S2/9/23 S3/14/23 S3/15/23 SB125 3 03-15-2023 14:32:47 TNL057 1 6-60-1404. Limitations. 2 Nothing in this subchapter shall be interpreted as: 3 (1) Giving a member of the campus community the right to disrupt 4 a previously scheduled or otherwise reserved activity; 5 (2) Authorizing a member of the campus community to disregard a 6 policy of the state-supported institution of higher education regarding: 7 (A) Compliance with state and federal laws on 8 discrimination and harassment; or 9 (B) The productive and efficient operation of an 10 instructional or work environment; 11 (3) Preventing a state-supported institution of higher education 12 from prohibiting, limiting, or restricting expression that is not protected 13 under the First Amendment to the United States Constitution or Article 2, 14 Section 6, of the Arkansas Constitution; or 15 (4) Prohibiting a state-supported institution of higher 16 education from imposing a restriction on the time, place, or manner of 17 expression in or on a campus forum, provided the restriction on the time, 18 place, or manner of expression: 19 (A) Is reasonable; 20 (B) Is justified without reference to the viewpoint of the 21 speaker; 22 (C) Is narrowly tailored to serve a significant state 23 interest; and 24 (D) Leaves open ample alternative channels for 25 communication of the information or message contained in the expression. 26 27 6-60-1405. Policy — Required. 28 Each state-supported institution of higher education shall promulgate 29 and implement a policy that: 30 (1) Protects the rights established by this subchapter; and 31 (2) Allows a member of the campus community to present his or 32 her concerns to an appropriate administrator through a grievance procedure. 33 34 /s/J. Dotson 35 36 As Engrossed: S2/9/23 S3/14/23 S3/15/23 SB125 4 03-15-2023 14:32:47 TNL057 APPROVED: 4/11/23 1 2