Washington HB 2223: Protecting freedom of speech in institutions of higher education.

Bill Text

H-2815.1

HOUSE BILL 2223

State of Washington

65th Legislature

2017 2nd Special Session

By Representatives J. Walsh, Graves, Haler, Manweller, Pike, Van Werven, Griffey, Irwin, Volz, Buys, Harris, and Kraft

Read first time 06/12/17. Referred to Committee on Higher Education.

AN ACT Relating to protecting the freedom of speech in institutions of higher education; and adding a new chapter to Title 28B RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) The legislature finds and declares that public institutions of higher education are not exempt from the First Amendment to the United States Constitution or Article I, section 5, of the Washington state Constitution, which guarantees freedom of speech and expression. It is the intent of the legislature that Washington's public institutions of higher education embrace a commitment to the freedom of speech and expression for all students and all faculty.

(2) The legislature further intends that its public institutions of higher education, including faculty at the institutions, may not require students or other faculty to adopt or indicate an adherence to the beliefs or orthodoxies on any particular political, philosophical, religious, social, or other such subject. However, institutions of higher education may require students and faculty to conform their conduct to the requirements of law and policy.

(3) It is further the intent of the legislature that public institutions of higher education not stifle freedom of speech and expression by implementing vague or overbroad speech codes, establishing free speech zones, imposing unconstitutional prior restraints on speech, or disinviting speakers based on the anticipated reaction or opposition of others to the content of speech.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Constitutional time, place, and manner restrictions" means restrictions on the time, place, and manner of free speech that do not violate the federal or state constitutions, are reasonable, content-neutral, and viewpoint-neutral, are narrowly tailored to satisfy a significant institutional interest, and leave open ample alternative channels for the communication of the information or message to its intended audience.

(2) "Faculty" or "faculty member" means any person, whether or not the person is compensated by a public institution of higher education, and regardless of political affiliation, who is tasked with providing scholarship, academic research, or teaching. "Faculty" includes tenured and nontenured professors, adjunct professors, visiting professors, lecturers, graduate student instructors, and those in comparable positions, however titled. "Faculty" does not include persons whose primary responsibilities are administrative or managerial.

(3) "Free speech" means speech, expression, or assemblies, verbal or written, protected by the federal or state constitutions, including, but not limited to, all forms of peaceful assembly, protests, demonstrations, rallies, vigils, marches, public speaking, distribution of printed materials, carrying signs, displays, or circulating petitions. "Free speech" does not include the promotion, sale, or distribution of any product or service.

(4) "Institution of higher education" or "institution" has the definition in RCW 28B.10.016.

(5) "Student" means:

(a) An individual currently enrolled in a course of study at an institution of higher education; and

(b) An organization that comprises entirely individuals currently enrolled in a course of study at an institution of higher education and the organization is registered as a student organization with the institution pursuant to institutional rules.

NEW SECTION. Sec. 3. (1) The governing boards of every institution of higher education shall each adopt a policy that affirms the following principles of free speech, which are the public policy of this state:

(a) Students have a fundamental constitutional right to free speech;

(b) An institution of higher education must be committed to giving students the broadest possible latitude to speak, write, listen, challenge, learn, and discuss any issue, subject to section 6 of this act;

(c) An institution of higher education must be committed to maintaining its campus as a marketplace of ideas for all students and all faculty in which the free exchange of ideas is not suppressed because some or most members of the institution's community think those ideas are offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or emotionally disturbing;

(d) Students and faculty members must be allowed to make judgments about ideas for themselves and to act on those judgments by openly and vigorously debating the ideas they either agree to and/or oppose, rather than by seeking to suppress free speech;

(e) It is not the proper role of an institution