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
(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
(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
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.