Text of KY SB 237 (2018)

UNOFFICIAL COPY 18 RS BR 1565 Page 1 of 5 XXXX Jacketed AN ACT relating to freedom of speech at public postsecondary education 1 institutions. 2 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3 Section 1. KRS 164.348 is amended to read as follows: 4 (1) For purposes of this section: 5 (a) "Faculty" means any person tasked by a public postsecondary education 6 institution with providing scholarship, academic research, or teaching, 7 regardless of whether the person is compensated by the public 8 postsecondary education institution; and 9 (b) "Student" means an individual currently enrolled in at least one (1) credit 10 hour at a public postsecondary education institution or a student 11 organization registered pursuant to the policies of a public postsecondary 12 education institution. 13 (2) Consistent with its obligations to respect the rights secured by the Constitutions of 14 the United States and the Commonwealth of Kentucky, a governing board of a 15 public postsecondary education institution shall adopt policies to ensure that: 16 (a)[(1)] The institution protects the fundamental and constitutional right of all 17 students and faculty to freedom of expression; 18 (b) The institution grants students and faculty the broadest possible latitude to 19 speak, write, listen, challenge, learn, and discuss any issue; 20 (c) The institution commits to maintaining a marketplace of ideas where the 21 free exchange of ideas is not suppressed because an idea put forth is 22 considered by some or even most of the members of the institution's 23 community to be offensive, unwise, immoral, indecent, disagreeable, 24 conservative, liberal, traditional, or radical; 25 (d) Students and faculty do not substantially obstruct or otherwise substantially 26 interfere with the freedom of others to express views they reject so that a 27 UNOFFICIAL COPY 18 RS BR 1565 Page 2 of 5 XXXX Jacketed lively and fearless freedom of debate and deliberation is promoted and 1 protected; 2 (e) The expression of a student's religious or political viewpoints in classroom, 3 homework, artwork, and other written and oral assignments is free from 4 discrimination or penalty based on the religious or political content of the 5 submissions; 6 (f) 1.[(2) (a)] The selection of students to speak at official events is made in a 7 viewpoint-neutral manner; 8 2.[(b)] The prepared remarks of the student are not altered before 9 delivery, except in a viewpoint-neutral manner, unless requested by the 10 student. However, student speakers shall not engage in speech that is 11 obscene, vulgar, offensively lewd, or indecent; and 12 3.[(c)] If the content of the student's speech is such that a reasonable 13 observer may perceive affirmative institutional sponsorship or 14 endorsement of the student speaker's religious or political viewpoint, the 15 institution shall communicate, in writing, orally, or both, that the 16 student's speech does not reflect the endorsement, sponsorship, position, 17 or expression of the institution; 18 (g)[(3)] Religious and political organizations are allowed equal access to public 19 forums on the same basis as nonreligious and nonpolitical organizations; 20 (h)[(4)] No recognized religious or political student organization is hindered or 21 discriminated against in the ordering of its internal affairs, selection of leaders 22 and members, defining of doctrines and principles, and resolving of 23 organizational disputes in the furtherance of its mission, or in its 24 determination that only persons committed to its mission should conduct such 25 activities;[ and] 26 (i) Student activity fee funding to a student organization is not denied based on 27 UNOFFICIAL COPY 18 RS BR 1565 Page 3 of 5 XXXX Jacketed the viewpoints that the student organization advocates; 1 (j) The generally accessible, open, outdoor areas of the campus be maintained 2 as traditional public forums for students and faculty to express their views, 3 so that the free expression of students and faculty is not limited to particular 4 areas of the campus often described as "free speech zones"; 5 (k)[(5)] There shall be no restrictions on the time, place, and manner of student 6 speech that occurs in the outdoor areas of campus or is protected by the First 7 Amendment of the United States Constitution, except for restrictions that are: 8 1.[(a)] Reasonable; 9 2.[(b)] Justified without reference to the content of the regulated speech; 10 3.[(c)] Narrowly tailored to serve a significant[compelling] governmental 11 interest; and 12 4.[(d)] Limited to provide ample alternative options for the 13 communication of the information;[.] 14 (l) Permit requirements do not prohibit spontaneous outdoor assemblies or 15 outdoor distribution of literature, although an institution may adopt a 16 policy that grants members of the university community the right to reserve 17 certain outdoor spaces in advance; 18 (m) All students and faculty are allowed to invite guest speakers to campus to 19 engage in free speech regardless of the views of the guest speakers; 20 (n) Students are not charged fees based on the content of their speech, the 21 content of the speech of guest speakers invited by students, or the 22 anticipated reaction or opposition of listeners to the speech; 23 (o) The institution does not disinvite a speaker invited by a student, student 24 organization, or faculty member because the speaker's anticipated speech 25 may be considered offensive, unwise, immoral, indecent, disagreeable, 26 conservative, liberal, traditional, or radical by students, faculty, 27 UNOFFICIAL COPY 18 RS BR 1565 Page 4 of 5 XXXX Jacketed administrators, government officials, or members of the public; and 1 (p) The institution defines student-on-student harassment to mean unwelcome 2 conduct directed toward a student that is discriminatory on a basis 3 prohibited by federal, state, or local law, and that is so severe, pervasive, and 4 objectively offensive that it effectively bars the victim's access to an 5 educational opportunity or benefit. 6 (3) (a) The Attorney General or any person aggrieved by a violation of any policy 7 adopted or required to have been adopted pursuant to subsection (2) of this 8 section shall have a cause of action against the institution, or any of its 9 agents acting in their official capacities, for damages arising from the 10 violation, including reasonable attorney's fees and litigation costs. 11 (b) A claim brought pursuant to this subsection may be asserted in any court of 12 competent jurisdiction within one (1) year of the date the cause of action 13 accrued. The cause of action shall be deemed to have accrued at the point in 14 time the violation ceases or is cured by the institution. 15 (c) Excluding reasonable attorney's fees and litigation costs, any prevailing 16 claimant shall be awarded no less than one thousand dollars ($1,000) but 17 no more than one hundred thousand dollars ($100,000) cumulatively per 18 action. If multiple claimants prevail and the damages awarded would 19 exceed one hundred thousand dollars ($100,000), the court shall divide one 20 hundred thousand dollars ($100,000) amongst all prevailing claimants 21 equally. 22 (4) (a) The policies adopted pursuant to subsection (2) of this section shall be made 23 available to students and faculty using the following methods: 24 1. Publishing in the institution's student handbook and faculty 25 handbook, whether paper or electronic; and 26 2. Posting to a prominent location on the institution's Web site. 27 UNOFFICIAL COPY 18 RS BR 1565 Page 5 of 5 XXXX Jacketed (b) The policies adopted pursuant to subsection (2) of this section may also be 1 made available to students and faculty using the following methods: 2 1. Mailing electronically to students and faculty annually using their 3 institutionally provided e-mail addresses; or 4 2. Including in orientation programs for new students and new faculty. 5 (5) Nothing in this section shall be construed to grant students the right to 6 intentionally and substantially disrupt previously scheduled or reserved activities 7 occurring in a traditional public forum. 8 Section 2. This Act may be cited as the Campus Free Speech Protection Act. 9