Bill to ‘restore free speech’ at colleges and universities introduced – The Morning Sun

Representative John Reilly (R-Oakland) introduced legislation Wednesday to protect the free speech rights of students on college campuses.

According to a release from Reillys office, the Campus Free Speech Act, House Bill 4581, would prohibit public colleges and universities from restricting peaceful forms of assembly, protest, speech, distribution of literature, and circulation of petitions except when necessary to achieve a compelling governmental interest, and then only if in the least restrictive manner possible and leaving ample alternative opportunities to do so.

The legislation, which was referred to the House Oversight Committee, would specify that public colleges and universities are public forums in their public areas.

Rep. Reilly pointed to a report by the conservative-leaning Foundation for Individual Rights in Education that listed six major Michigan universities as having at least one policy that both clearly and substantially restricts freedom of speech.

Advertisement

There have been numerous free speech issues on several of our campuses, with multiple lawsuits settled and others pending, he said. When universities around the country have fought free speech cases, students First Amendment rights have prevailed every time. Our students have the fundamental right to free speech, free from fear of administrative persecution.

The report rates Central Michigan University as yellow.

A yellow rating means an institution is one whose policies restrict a more limited amount of protected expression or, by virtue of their vague wording, could too easily be used to restrict protected expression. For example, a ban on posters containing references to alcohol or drugs violates the right to free speech because it unambiguously restricts speech on the basis of content and viewpoint, but its scope is very limited.

Adam De Angeli, legislative director for rep. Reilley, said the hope of the bill, if passed, would be that it would be a deterrent to universities having speech policies that violate the first amendment that lead to lawsuits.

Section 4 of the bill indicates that a person who believes they have been unfairly treated in regard to their right to free speech on a college and/or university campus may bring an action in court to obtain either reasonable court costs and attorney fees, injunctive relief or, in a case brought by or on behalf of an aggrieved individual by a violation of the act, that individuals actual damages or $1,000, whichever is greater.

Reilly also commented on a possible objection to the bill: universities autonomy from legislative oversight under the state constitution.

Let me be clear: The Constitution of Michigan, as well as the Constitution of the United States, guarantee all citizens the right to free speech, and the Michigan Constitution vests exclusively in the Legislature the authority to develop a statutory framework to protect the constitutional rights of its citizens, Reilly said. Universities have autonomy in the conduct of their affairs, but that does not give them any authority to infringe upon the constitution rights of its students. If they wish to threaten a constitutional challenge to this legislation, I say, bring it on.

Follow this link:
Bill to 'restore free speech' at colleges and universities introduced - The Morning Sun