5064-S AMH MANW LEIN 047

SSB 5064 - H AMD TO JUDI COMM AMD (H-4920.2/18) 1243

By Representative Manweller

WITHDRAWN 03/02/2018

    On page 4, after line 20 of the striking amendment, insert the following:

"NEW SECTION. Sec. 3. A new chapter is added to Title 28B RCW to read as follows:

CAMPUS FREE EXPRESSION.  (1) This section may be known and cited as the campus free expression act.

(2)(a) The outdoor area of a campus of an institution of higher education must be considered a traditional public forum.

(b) The governing board of the institution of higher education may impose content-neutral and viewpoint-neutral time, place, and manner restrictions on the use of the outdoor area of the campus for expressive activities that are necessary to serve a compelling state interest and narrowly drawn to achieve that interest. These restrictions must allow members of the institution community to spontaneously and contemporaneously assemble. In addition, the restrictions must be well-defined and published, at a minimum, on the web site of the institution and as part of any printed materials covering the rules and policies of the institution.

(3) A person who wishes to engage in noncommercial expressive activity on the campus of an institution of higher education must be permitted to do so freely, as long as the person's conduct is not unlawful and does not materially and substantially disrupt the orderly operation of the institution.

(4) Nothing in this section may be construed as narrowing a student's rights of expression under the First Amendment to the United States Constitution or Article I, section 5 of the Washington state Constitution.

(5)(a) The attorney general or a person whose rights under this section have been violated may bring an action in a court of competent jurisdiction against the institution of higher education, members of the institution's governing board, deans, chairs, or faculty or staff members.

(b) In an action brought under this section, if the court finds a violation of this section, the court shall take the following actions:

(i) For the first established violation, issue an injunction against continued violation of this section; and

(ii) For subsequent violations, award the aggrieved person: (A) Compensatory damages of no less than five hundred dollars for the initial violation, plus fifty dollars for each day the violation remains ongoing; (B) reasonable court costs; (C) attorneys' fees, including expert fees; and (D) any other relief in equity or law deemed appropriate.

(c) An action to enforce a right or obligation arising under this section must commence within one year after the cause of action accrues. A cause of action accrues when the section is violated. Each day that a violation of this section persists, and each day that a policy or rule in violation of the section remains in effect, is a new violation of the section, and therefore, another day that a cause of action accrues.

(6) As used in this section, "expression," "expressive activity," or "expressive activities" includes all forms of peaceful assembly, protest, speech, distributing literature, carrying signs, and circulating petitions. The term does not include fighting words, libelous statements, or obscene material, as defined by the United States supreme court.

NEW SECTION. Sec. 4.  CHAPTER TITLE.  The chapter created in section 3 of this act may be known and cited as the academic bill of rights."

    Renumber the remaining sections consecutively and correct any internal references accordingly.

    Correct the title.

EFFECT: Creates the Academic Bill of Rights, which addresses free expression on campus. Designates the outdoor area of a campus of an institution of higher education as a traditional public forum. Provides that remedies for the violation of the Academic Bill of Rights includes injunctive relief, compensatory damages, reasonable court costs, attorneys' fees and any other relief in equity or law deemed appropriate.   

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