HOUSE BILL No. 4656

May 24, 2017, Introduced by Reps. Reilly, Lucido, Kelly, Runestad, Johnson, Victory, Robinson, Noble, Hoitenga, Hornberger, Lilly and Iden and referred to the Committee on Oversight.

     A bill to promote and safeguard the right of free speech and

assembly on the campuses of public universities and community and

junior colleges; and to provide for the powers and duties of

certain state and local governmental officers and entities.

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".

     Sec. 2. As used in this act:

     (a) "Expressive activity" includes, but is not limited to, all

peaceful forms of assembly, protest, speech, distributing

literature, carrying signs, and circulating petitions, 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 necessary to achieve 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 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 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.