AS PASSED BY COMMITTEE

AMENDED

ARIZONA STATE SENATE

CELINA PARGAS

LEGISLATIVE RESEARCH INTERN

JEFFREY ONG

LEGISLATIVE RESEARCH ANALYST

EDUCATION COMMITTEE

Telephone: (602) 926 -3171

RESEARCH STAFF

TO:                  MEMBERS OF THE SENATE

DATE:            February 14, 2019

SUBJECT:      Strike everything amendment to S.B. 1069, relating to postsecondary institutions; free expression policies

Purpose

            Prohibits a university or community college from restricting students' rights to speak in a public forum.

Background

            Statute currently allows universities and community colleges to restrict a student's right to speak which includes: 1) verbal speech; 2) holding a sign; or 3) distributing fliers or other materials within a public forum. It prohibits the restriction on the time, place and manner of student speech within a public forum, that is protected by the First Amendment to the U.S. Constitution, unless restrictions are: 1) reasonable; 2) justified without reference to the content of the speech; 3) necessary to achieve a governmental interest; 4) are the least restrictive means to further that governmental interest; 5) leave open ample alternative channels for communication; or 6) allow assembly and distribution of literature (A.R.S. § 15-1864).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Prohibits a university or community college from restricting a student's right to speak in a public forum including:

a) verbal speech;

b) holding a sign; or

c) distributing fliers or other materials.

2. Allows a university or community college to impose reasonable time, place and manner restrictions as permitted in statute.

3. Becomes effective on the general effective date.

Amendments Adopted by Committee

· Adds that a university or community college may impose reasonable time, place and manner restrictions as permitted in statute.

Senate Action

ED                   2/12/19      DPA/SE      7-0-1