HOUSE BILL No. 4435

 

 

April 9, 2019, Introduced by Reps. Reilly, Hoitenga, Steven Johnson, Miller, Meerman, Paquette, Markkanen, Hornberger, LaFave, Eisen and Mueller and referred to the Committee on Oversight.

 

     A bill to protect the right of free speech and assembly on the

 

campuses of public universities and community and junior colleges;

 

to provide for enforcement of that right; and to provide remedies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"campus free speech act".

 

     Sec. 2. As used in this act:

 

     (a) "Expressive conduct" 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.

 

     (b) "Public institution of higher education" 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.

 

     Sec. 3. A public institution of higher education may restrict

 

expressive conduct in the public areas of its campuses only if it

 

demonstrates that the restriction meets all of the following:

 

     (a) Is necessary to achieve a compelling governmental interest

 

and is viewpoint and content neutral.

 

     (b) Leaves open ample alternative opportunities to engage in

 

the expressive conduct.

 

     (c) Allows for spontaneous assembly and distribution of

 

literature.

 

     (d) Does not quarantine speech to zones.

 

     Sec. 4. For any violation of this act, an individual aggrieved

 

by the violation, the attorney general, or both may bring an action

 

in a court of competent jurisdiction to obtain the following

 

remedies:

 

     (a) In all cases, reasonable court costs and attorney fees.

 

     (b) In all cases, injunctive relief as appropriate.

 

     (c) In a case brought by or on behalf of an individual

 

aggrieved by a violation of this act, that individual's actual

 

damages or $1,000.00, whichever is greater, to be awarded to that

 

individual.

 

     Sec. 5. An action brought under section 4 shall be commenced

 

not later than 1 year after the day that the cause of action

 

accrued. For purposes of calculating this 1-year limitation period,

 

a cause of action accrues each day that a violation of this act


persists or a policy in violation of this act remains in effect.