Bill Summary
This legislation, also known as the "Free Right to Expression in Education Act", aims to amend the Higher Education Act of 1965 to ensure that public institutions of higher education protect the right to free speech and expression on campus. It specifies that this protection applies to activities such as peacefully assembling, protesting, speaking, distributing literature, carrying signs, and circulating petitions. However, the legislation also allows for reasonable time, place, and manner restrictions to be placed on these activities as long as they are narrowly tailored and based on content-neutral and viewpoint-neutral criteria. The legislation also grants individuals the right to take legal action if their expressive activity rights are violated, with potential compensation for damages, court costs, and attorney fees. The statute of limitations for taking legal action is set at 1 year, but it can be extended in cases of continuing violations.
Possible Impacts
1. Protecting the rights of individuals to peacefully express themselves on college campuses could allow for more open and diverse discussions and debates, potentially promoting greater understanding and tolerance among students.
2. If a public institution of higher education fails to comply with the provisions outlined in the bill, they could face legal action and potential financial consequences, potentially impacting their budget and resources for education and other programs.
3. The bill's restrictions on expressive activities in outdoor areas could limit the ability of students and faculty to hold demonstrations or protests that may impact the institution's reputation or operations.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1672 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1672
To amend the Higher Education Act of 1965 to ensure that public
institutions of higher education protect expressive activities in the
outdoor areas on campus.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 2019
Mr. Rooney of Florida introduced the following bill; which was referred
to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to ensure that public
institutions of higher education protect expressive activities in the
outdoor areas on campus.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Right to Expression in
Education Act''.
SEC. 2. CAMPUS INDIVIDUAL RIGHTS.
Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.) is amended--
(1) in section 487(a), by adding at the end the following:
``(30) In the case of an institution that is a public
institution, the institution will comply with the expressive
activity protections described in section 493E.''; and
(2) in part G, by adding at the end the following:
``SEC. 493E. CAMPUS INDIVIDUAL RIGHTS.
``(a) Definition of Expressive Activities.--
``(1) In general.--In this section, the term `expressive
activity' includes--
``(A) peacefully assembling, protesting, or
speaking;
``(B) distributing literature;
``(C) carrying a sign; or
``(D) circulating a petition.
``(2) Exclusions.--In this section, the term `expressive
activity' does not include violence, harassment, or obscenity
(as defined by the Secretary in accordance with the precedents
of the Supreme Court of the United States).
``(b) Expressive Activities at an Institution.--
``(1) In general.--Each public institution of higher
education participating in a program under this title may not
prohibit, subject to paragraph (2), a person from freely
engaging in noncommercial expressive activity in an outdoor
area on the institution's campus if the person's conduct is
lawful.
``(2) Restrictions.--An institution of higher education
described in paragraph (1) may maintain and enforce reasonable
time, place, or manner restrictions on an expressive activity
in an outdoor area of the institution's campus, if the
restriction--
``(A) is narrowly tailored to serve a significant
institutional interest;
``(B) is based on published, content-neutral, and
viewpoint-neutral criteria; and
``(C) leaves open ample alternative channels for
communication.
``(3) Application.--The protections provided under
paragraph (1) do not apply to expressive activity in an area on
an institution's campus that is not an outdoor area.
``(c) Causes of Action.--
``(1) Authorization.--The following persons may bring an
action in a Federal court of competent jurisdiction to enjoin a
violation of this section or to recover compensatory damages,
reasonable court costs, or reasonable attorney fees:
``(A) The Attorney General.
``(B) A person claiming that the person's
expressive activity rights, as described in subsection
(b)(1), were violated.
``(2) Actions.--In an action brought under this subsection,
if the court finds a violation of this section, the court--
``(A) shall--
``(i) enjoin the violation; and
``(ii) if a person whose expressive
activity rights were violated brought the
action, award the person--
``(I) not less than $500 for an
initial violation; and
``(II) if the person notifies the
institution of the violation, $50 for
each day the violation continues after
the notification if the institution did
not act to discontinue the cause of the
violation; and
``(B) may award a prevailing plaintiff--
``(i) compensatory damages;
``(ii) reasonable court costs; or
``(iii) reasonable attorney fees.
``(d) Statute of Limitations.--
``(1) In general.--Except as provided in paragraph (3), an
action under this section may not be brought later than 1 year
after the date on which the cause of action accrues.
``(2) Continuing violation.--Each day that a violation of
this section continues after an initial violation of this
section, and each day that an institution's policy in violation
of this section remains in effect, shall constitute a
continuing violation of this section.
``(3) Extension.--For a continuing violation described in
paragraph (2), the limitation described in paragraph (1) shall
extend to 1 year after the date on which the most recent
violation occurs.''.
<all>