Bill Number: H.B.
2615
Yarbrough
Floor Amendment
Reference
to: House engrossed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
The Yarbrough Floor Amendment does the
following:
1. Prohibits a
university or community college from imposing restrictions on student speech
that occurs in a public forum, or is protected by the First Amendment to the
United States Constitution.
2. Specifies that
restrictions on student speech may be imposed if the restrictions: a) are
reasonable; b) are justified without reference to the content of the regulated
speech; c) are narrowly tailored to serve a significant governmental interest;
and d) leave open ample alternative channels for communication of the
information.
3. Allows either the
Attorney General or a student whose expressive rights were violated to initiate
a court action to remedy the violation.
4. States that if any
violation occurs, then the court shall award the aggrieved person the
following: a) injunctive relief for the violation; b) reasonable court costs;
and c) reasonable attorney fees.
5. Requires a person to
bring an action within one year of the occurrence of the violation.
6. Specifies that each
day that the violation persists constitutes a new violation and shall be
considered a day that the cause of action has accrued.
7. Modifies the
definition of “public forum” to include traditional public forums, which
consist of open outdoor areas, and designated public forums which consist of
facilities, buildings or parts of buildings that the university or college has
opened to students.
Page 1, between lines 1 and 2,
insert:
"Section 1. Section
15-1861, Arizona Revised Statutes, is amended to read:
START_STATUTE15-1861. Definitions
In this article, unless the context
otherwise requires:
1. "Community
college" has the same meaning prescribed in section 15‑1401.
2. "Public
forum" includes both a traditional
public forum, which is any open, outdoor area on the campus of a
university or community college,
and a designated public forum, which is
any facilities, buildings
facility, building or parts part of buildings
a building that the
university or community college has opened to students or student organizations
for expression.
3. "University"
means a university under the jurisdiction of the Arizona board of regents. END_STATUTE
Sec. 2. Section
15-1864, Arizona Revised Statutes, is amended to read:
START_STATUTE15-1864. Students' right to speak in a public forum; court actions
A. A university or
community college shall not restrict a student's right to speak, including
verbal speech, holding a sign or distributing fliers or other materials, in a
public forum.
B. A university or community college may restrict
a student's speech in a public forum only if it demonstrates that application
of the burden to the student is both:
1. In furtherance of a compelling governmental
interest.
2. The least restrictive means of furthering that
compelling governmental interest.
B. A UNIVERSITY OR COMMUNITY COLLEGE SHALL NOT
IMPOSE RESTRICTIONS ON THE TIME, PLACE AND MANNER OF STUDENT SPEECH THAT:
1. OCCURS IN A PUBLIC FORUM.
2. IS PROTECTED BY THE FIRST
AMENDMENT TO THE UNITED STATES CONSTITUTION UNLESS THE RESTRICTIONS:
(a) ARE REASONABLE.
(b) ARE JUSTIFIED WITHOUT REFERENCE TO THE CONTENT
OF THE REGULATED SPEECH.
(c) ARE NARROWLY TAILORED TO SERVE A SIGNIFICANT
GOVERNMENTAL INTEREST.
(d) LEAVE OPEN AMPLE ALTERNATIVE CHANNELS FOR
COMMUNICATION OF THE INFORMATION.
C. THE FOLLOWING PERSONS MAY BRING
AN ACTION IN A COURT OF COMPETENT JURISDICTION TO ENJOIN ANY VIOLATION OF THIS
SECTION OR TO RECOVER REASONABLE COURT COSTS AND reasonable ATTORNEY FEES:
1. THE ATTORNEY GENERAL.
2. A student WHOSE expressive RIGHTS WERE
VIOLATED BY A VIOLATION OF THIS SECTION.
D. IN AN ACTION BROUGHT UNDER SUBSECTION C OF
THIS SECTION, IF THE COURT FINDS THAT A VIOLATION OF THIS SECTION OCCURRED, THE
COURT SHALL AWARD THE AGGRIEVED PERSON injunctive relief FOR THE VIOLATION and
shall award reasonable court costs and reasonable attorney fees.
E. A PERSON SHALL BRING AN ACTION FOR A VIOLATION
OF THIS SECTION WITHIN ONE YEAR AFTER THE DATE THE CAUSE OF ACTION ACCRUES.
FOR THE PURPOSE OF CALCULATING THE ONE-YEAR LIMITATION PERIOD, EACH DAY THAT
THE VIOLATION PERSISTS OR EACH DAY THAT A POLICY IN VIOLATION OF THIS SECTION
REMAINS IN EFFECT CONSTITUTES A NEW VIOLATION OF THIS SECTION AND SHALL BE
CONSIDERED A DAY THAT THE CAUSE OF ACTION HAS ACCRUED." END_STATUTE
Renumber to conform
Amend
title to conform