HOUSE BILL NO. 4436
April 09, 2019, Introduced by Reps. Reilly,
Hoitenga, Steven Johnson, Miller, Meerman, Paquette, Markkanen, Hornberger,
LaFave, Eisen and Mueller and referred to the Committee on Oversight.
the people of the state of michigan enact:
Sec. 1. This act shall be known and may be cited as the "college campus intellectual and expressive freedom act".
(a) "Expressive activity" includes, but is not limited to, all peaceful forms of assembly, protest, speech, distributing literature, carrying signs, and circulating petitions in open areas, and filming and broadcasting on the internet, by any number of individuals and whether planned or spontaneous.
(b) "Public institution of higher education" or "institution" means a public community or junior college established under section 7 of article VIII of the state constitution of 1963 or part 25 of the revised school code, 1976 PA 451, MCL 380.1601 to 380.1607, or a state university described in section 4, 5, or 6 of article VIII of the state constitution of 1963.
(c) "Student organization" means any student group officially recognized by, or seeking official recognition from, a public institution of higher education that receives or seeks to receive benefits from the institution.
Sec. 3. A public institution of higher education shall do all of the following:
(a) Develop and adopt a policy on free expression that contains at least the following:
(i) A statement that an essential part of the institution's mission is the discovery, improvement, transmission, and dissemination of knowledge by means of research, teaching, discussion, and debate and that, to fulfill this function, the institution will strive to ensure the fullest degree of intellectual freedom and free expression.
(ii) A statement assuring that students and faculty are free to discuss anything, as the First Amendment of the Constitution of the United States permits and within the limits of reasonable viewpoint- and content-neutral restrictions on time, place, and manner of expression. For purposes of this subparagraph and subparagraph (iii), a viewpoint- and content-neutral restriction of expression is reasonable only if it is consistent with this section, is in furtherance of a significant institutional interest, is clearly written and published, and provides ample alternative means of expression.
(iii) A statement assuring that students and faculty are permitted to assemble and engage in expressive activity as long as the activity is not unlawful and does not materially and substantially disrupt the functioning of the institution, as the First Amendment of the Constitution of the United States permits and within the limits of reasonable viewpoint- and content-neutral restrictions on time, place, and manner of expression.
(iv) A statement assuring any person lawfully present on campus the right to protest or demonstrate there but making clear that protests and demonstrations that substantially and materially infringe upon the rights of others to engage in or listen to expressive activity are not permitted and are subject to sanction. A statement that complies with this subparagraph does not prohibit professors or other instructors from maintaining order in the classroom.
(v) A statement assuring that the institution's campuses are open to any speaker whom students, student groups, or members of the faculty have invited.
(vi) A statement assuring that the public areas of campuses of the institution are traditional public forums, open on the same terms to any speaker.
(vii) A statement assuring that belief-based student organizations will not be denied any benefits or privileges available to other student organizations and that a belief-based organization will not be discriminated against based on the expressive activity of the organization or based on any requirement that leaders or members of the organization affirm and adhere to the organization's sincerely held beliefs, comply with the organization's standards of conduct, or further the organization's mission or purpose.
(viii) A statement assuring that the institution will strive to remain neutral, as an institution, on the public policy controversies of the day, except those that affect the function of the institution or the rights and welfare of members of its community, and will not take any action, as an institution, on the public policy controversies of the day that would require students or faculty to publicly express a given view of social policy.
(ix) A statement assuring that the policy on free expression adopted under this subdivision supersedes all prior provisions of institutional policy or regulation to the extent that those prior provisions are inconsistent with the policy on free expression adopted under this subdivision and that the institution will remove or revise any inconsistent prior provision of policy or regulation to ensure compatibility of its policies and regulations with the policy on free expression adopted under this subdivision.
(b) Include in freshman orientation programs, handbooks, and websites information for students describing the policies and regulations regarding free expression consistent with this section.
(c) Develop materials, programs, and procedures to ensure that all individuals who have responsibility for discipline or education of students, including, but not limited to, administrators, campus police officers, residence life officials, and professors, understand the policies, regulations, and duties of the public institution of higher education regarding free expression on campus consistent with this act.
Sec. 4. This act does not prevent a public institution of higher education from prohibiting, limiting, or otherwise restricting expressive activity in a manner permitted by the First Amendment of the Constitution of the United States and sections 3 and 5 of article I of the state constitution of 1963.