Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas   As Engrossed:        S2/8/21 S3/4/21 S4/1/21 S4/7/21
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             SENATE BILL 191
 4
 By: Senator D. Sullivan
 By: Representative Womack
 7
                                    For An Act To Be Entitled
                AN ACT CONCERNING THE FORMING OPEN AND ROBUST
                UNIVERSITY MINDS (FORUM) ACT; TO CHANGE THE NAME OF
                THE FORMING OPEN AND ROBUST UNIVERSITY MINDS (FORUM)
                ACT TO THE FREE THOUGHT IN HIGHER EDUCATION ACT; TO
                AMEND THE RESTRICTIONS A STATE-SUPPORTED INSTITUTION
                OF HIGHER EDUCATION MAY IMPOSE ON FREE EXPRESSION; TO
                AMEND THE AREAS THAT CONSTITUTE A PUBLIC FORUM FOR
                MEMBERS OF THE CAMPUS COMMUNITY; AND FOR OTHER
                PURPOSES.
18
19
                                               Subtitle
                         TO CHANGE THE NAME OF THE FORUM ACT; TO
                         AMEND THE RESTRICTIONS AN INSTITUTION OF
                         HIGHER EDUCATION MAY IMPOSE ON FREE
                         EXPRESSION; AND TO AMEND THE AREAS THAT
                         CONSTITUTE A PUBLIC FORUM FOR MEMBERS OF
                         THE CAMPUS COMMUNITY.
27
28
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
30
         SECTION 1.        Arkansas Code  6-60-1001 is amended to read as follows:
         6-60-1001.        Title.
         This subchapter shall be known and may be cited as the Forming Open
 and Robust University Minds (FORUM) Act "Free Thought in Higher Education
 Act".
36
     *TNL066*                                                                    04-07-2021 10:21:59 TNL066
     As Engrossed:       S2/8/21 S3/4/21 S4/1/21 S4/7/21                          SB191
      SECTION 2.        Arkansas Code  6-60-1002(3)-(7), concerning the
 legislative intent of the Forming Open and Robust University Minds (FORUM)
 Act, is amended to read as follows:
               (3)    The exercise of First Amendment rights on the campuses of
 state-supported institutions of higher education in this state is a critical
 component of the education experience for students and requires that each
 state-supported institution of higher education in this state ensure free,
 robust, and uninhibited debate and deliberation by students, whether on or
 off campus;
               (4)    The First Amendment is the floor of free speech protection,
 and a commitment to the free exchange of ideas gives members of campus
 communities in this state the ability to engage in free, robust, and
 uninhibited debate and deliberation, whether on or off campus, beyond those
 guaranteed by the First Amendment;
               (4)(5)     State-supported institutions of higher education in this
 state and elsewhere should provide adequate safeguards for the First
 Amendment rights of their students rights to free speech of members of campus
 communities to avoid a stifling of expression on campus;
               (5)(6)     The United States Supreme Court has warned that if state-
 supported institutions of higher education stifle student speech and prevent
 the open exchange of ideas on campus, our civilization will stagnate and
 die, Sweezy vs. New Hampshire, 354 U.S. 234, 250 (1957);
               (6)(7)     A significant amount of taxpayer dollars is appropriated
 to state-supported institutions of higher education each year, and the
 General Assembly must ensure that all state-supported institutions of higher
 education receiving state funds recognize freedom of speech as a fundamental
 right for all; and
               (7)(8)     State-supported institutions of higher education should
 strive to ensure the fullest degree of intellectual and academic freedom and
 free expression, and it is not the proper role of state-supported
 institutions of higher education to shield individuals from speech that is
 protected by the First Amendment to the United States Constitution, including
 without limitation ideas and opinions the individuals may find unwelcome,
 uncollegial, disagreeable, or even deeply offensive.
35
      SECTION 3.        Arkansas Code  6-60-1003(6)(B), concerning definitions
                                             2               04-07-2021 10:21:59 TNL066
     As Engrossed:       S2/8/21 S3/4/21 S4/1/21 S4/7/21                            SB191
 under the Forming Open and Robust University Minds (FORUM) Act, is amended to
 read as follows:
                       (B)   Materially and substantially disrupts does not
 include conduct that is protected under the First Amendment to the United
 States Constitution or Arkansas Constitution, Article 2,  4, 6, and 24, or
 is otherwise protected under this subchapter or in another state statute,
 which includes without limitation:
                             (i)    Lawful protests in an outdoor any area of campus
 that is generally accessible to members of the campus community, except
 during times when the area has been reserved in advance for another event; or
                             (ii)   Minor, brief, or fleeting nonviolent
 disruptions of events that are isolated and short in duration;
13
      SECTION 4.       Arkansas Code  6-60-1004 is amended to read as follows:
      6-60-1004. Protected expressive activities.
      (a)    Expressive activities protected under this subchapter consist of
 speech and other expressive conduct protected by the First Amendment to the
 United States Constitution, including without limitation:
               (1)    Communicating through any lawful verbal, written, or
 electronic means;
               (2)    Participating in peaceful assembly;
               (3)    Protesting;
               (4)    Making speeches, including without limitation those of guest
 speakers;
               (5)    Distributing literature;
               (6)    Making comments to the media;
               (7)    Carrying signs; and
               (8)    Circulating petitions.
      (b)(1)     Except as provided under subsection (c) of this section, a
 state-supported institution of higher education shall:
                       (A)   Ensure students and teachers the fullest degree of
 intellectual and academic freedom and free expression;
                       (B)   Not restrict speech that individuals may find
 controversial, uncollegial, disagreeable, or offensive; and
                       (C)   Not restrict students and teachers from communicating
 with members of the public, whether members of the public are members of the
                                              3               04-07-2021 10:21:59 TNL066
     As Engrossed:       S2/8/21 S3/4/21 S4/1/21 S4/7/21                              SB191
 campus community or the public at large, on any matter except for a matter
 prohibited by state or federal law.
               (2)    Speech and expressive conduct permitted under subdivision
 (b)(1) of this section shall not interfere with prohibitions against
 harassment and discrimination.
      (c)   A state-supported institution of higher education may impose
 reasonable restrictions regarding the time, place, or manner of carrying out
 expressive activities.
 9
      SECTION 5.        Arkansas Code  6-60-1005 is amended to read as follows:
      6-60-1005. Public forums.
      (a)   An outdoor area The following areas of campus of a state-supported
 institution of higher education shall be deemed a public forum for members of
 the campus community:
               (1)    Outdoor areas; and
               (2)(A)     Indoor common areas generally open to all students and
 teachers for the purpose of congregating for social interaction, as
 designated by a state-supported institution of higher education.
                        (B)   A state-supported institution of higher education
 shall appropriately designate indoor common areas generally open to all
 students and teachers for the purpose of congregating for social interaction.
      (b)   State-supported institutions of higher education:
               (1)    Shall not create free-speech zones or other designated
 outdoor areas of campus outside of which expressive activities are
 prohibited; and
               (2)(A)     May maintain and enforce reasonable time, place, and
 manner restrictions regarding the time, place, or manner of carrying out
 expressive activities for outdoor areas of campus that are narrowly tailored
 to serve a significant institutional interest only when such restrictions:
                              (i)    Employ clear, published, content-neutral and
 viewpoint-neutral criteria; and
                              (ii)   Provide for ample alternative means of
 expression.
                        (B)   Any restrictions under subdivision (b)(2)(A) of this
 section shall allow for members of the campus community to spontaneously and
 contemporaneously assemble, speak, and distribute literature.
                                               4               04-07-2021 10:21:59 TNL066
     As Engrossed:     S2/8/21 S3/4/21 S4/1/21 S4/7/21                           SB191
       (c)   A member of the campus community who wants to engage in
 noncommercial expressive activity in an outdoor any public area of campus of
 a state-supported institution of higher education shall be permitted to do so
 freely as provided under subsection (b) of this section if the individual's
 conduct:
             (1)    Is not unlawful; and
             (2)    Does not materially and substantially disrupt, as defined
 under  6-60-1003, the functioning of the state-supported institution of
 higher education.
       (d)   This section shall not be interpreted as:
             (1)    Limiting the right of campus community member expression
 elsewhere on campus;
             (2)    Preventing a state-supported institution of higher education
 from prohibiting, limiting, or restricting expression that the First
 Amendment to the United States Constitution does not implicate violates the
 laws of this state or the Arkansas Constitution, including without limitation
 true threats and expression directed to provoke imminent lawless actions and
 likely to produce it, or prohibiting harassment as defined by  6-60-1003; or
             (3)    Allowing an individual to engage in conduct that materially
 and substantially disrupts, as defined under  6-60-1003, another person's
 expressive activity if the other person's activity is occurring in an area of
 campus that is reserved for an activity under the exclusive use or control of
 a particular group.
24
       SECTION 6.    Arkansas Code  6-60-1007 is amended to read as follows:
       6-60-1007. Free expression policies.
       State-supported institutions of higher education shall:
             (1)    Make public in their handbooks, on their websites, and
 through their orientation programs for students the policies, regulations,
 and expectations of students regarding free expression on campus consistent
 with this subchapter; and
             (2)    Develop materials, programs, and procedures to ensure that
 those persons who have responsibility for discipline or education of
 students, such as administrators, campus police officers, residence life
 officials, and faculty, understand the policies, regulations, and duties of
 state-supported institutions of higher education regarding free expression on
                                           5              04-07-2021 10:21:59 TNL066
     As Engrossed:    S2/8/21 S3/4/21 S4/1/21 S4/7/21                           SB191
 campus consistent with this subchapter; and
            (3)    Not require students or teachers to take an oath other than
 an oath required by law or an academic or professional accrediting body.
 4
                                  /s/D. Sullivan
 6
 7
 8
 9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
                                          6              04-07-2021 10:21:59 TNL066
Statutes affected: 
Old version SB191 Original - 1-25-2021 03:57 PM: 6-60-1001, 6-60-1002(3), 6-60-1003(6)
Old version SB191 V2 - 2-8-2021 10:18 AM: 6-60-1001, 02-08-2021, 6-60-1002(3), 6-60-1003(6)
Old version SB191 V3 - 3-4-2021 09:34 AM: 6-60-1001, 6-60-1002(3), 03-04-2021, 6-60-1003(6)
Old version SB191 V4 - 4-1-2021 09:25 AM: 6-60-1001, 6-60-1002(3), 04-01-2021, 6-60-1003(6)
Old version SB191 V5 - 4-7-2021 10:22 AM: 6-60-1001, 04-07-2021, 6-60-1002(3), 6-60-1003(6)
SB 191: 6-60-1001, 04-07-2021, 6-60-1002(3), 6-60-1003(6)
Old version of SB 191 - 03-04-21: 6-60-1001, 6-60-1002(3), 03-04-2021, 6-60-1003(6)
Old version of SB 191 - 02-08-21: 6-60-1001, 02-08-2021, 6-60-1002(3), 6-60-1003(6)
Old version of SB 191 - 01-25-21: 6-60-1001, 6-60-1002(3), 6-60-1003(6)