State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB 1069: postsecondary institutions; free expression policies

PRIME SPONSOR: Senator Boyer, LD 20

BILL STATUS: Transmitted to Governor

                               

 

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProhibits a university or community college from restricting a student's right to speak in a public forum but allows a university or community college to impose certain restrictions regarding time, place, and manner.

History

Currently, statute allows a university or community college to restrict a student's right to speak in a public forum, which may include verbal speech, holding a sign, or distributing fliers or other materials (A.R.S. § 15-1864(A)). However, statute forbids a university or community college from imposing time, place and manner restrictions on student speech that takes place in a public forum and is protected by the First Amendment of the Constitution unless the restrictions:

·         are reasonable;

·         are justified without reference to the content of the speech;

·         are necessary to achieve a compelling governmental interest;

·         are the least restrictive way to further that compelling governmental interest;

·         leave open ample alternative channels for communication of information; and

·         allow spontaneous assembly and distribution of literature (A.R.S. § 15-1864(B)).

Provisions

1.       Prohibits a university or community college from restricting a student's right to speak, which may include verbal speech, holding a sign, or distributing fliers or other materials in a public forum.

2.       Clarifies that a university or community college may impose certain time, place, and manner restrictions on student speech that occurs in a public forum provided the restrictions:

a)      are reasonable;

b)     are justified without reference to the content of the speech;

c)      are necessary to achieve a compelling governmental interest;

d)     are the least restrictive to further compelling government interest;

e)      leave alternative channels for communication of information; and

f)       allow spontaneous assembly and distribution of literature.

 

 

 

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Fifty-fourth Legislature                       SB 1069

First Regular Session                            Version 4: Transmitted

 

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