Public forums

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  1. (a) An outdoor area of campus of a state-supported institution of higher education shall be deemed a public forum for members of the campus community.

  2. (b) State-supported institutions of higher education:

    1. (1) Shall not create free-speech zones or other designated outdoor areas of campus outside of which expressive activities are prohibited; and

    2. (2)

      1. (A) May maintain and enforce reasonable time, place, and manner restrictions for outdoor areas of campus that are narrowly tailored to serve a significant institutional interest only when such restrictions:

        1. (i) Employ clear, published, content- and viewpoint-neutral criteria; and

        2. (ii) Provide for ample alternative means of expression.

      2. (B) Any restrictions under subdivision (b)(2)(A) of this section shall allow for members of the campus community to spontaneously and contemporaneously assemble, speak, and distribute literature.

  3. (c) A member of the campus community who wants to engage in noncommercial expressive activity in an outdoor area of campus of a state-supported institution of higher education shall be permitted to do so freely as provided under subsection (b) of this section if the individual's conduct:

    1. (1) Is not unlawful; and

    2. (2) Does not materially and substantially disrupt, as defined under § 6-60-1003, the functioning of the state-supported institution of higher education.

  4. (d) This section shall not be interpreted as:

    1. (1) Limiting the right of campus community member expression elsewhere on campus;

    2. (2) Preventing a state-supported institution of higher education from prohibiting, limiting, or restricting expression that the First Amendment to the United States Constitution does not implicate, including without limitation true threats and expression directed to provoke imminent lawless actions and likely to produce it, or prohibiting harassment as defined by § 6-60-1003; or

    3. (3) Allowing an individual to engage in conduct that materially and substantially disrupts, as defined under § 6-60-1003, another person's expressive activity if the other person's activity is occurring in an area of campus that is reserved for an activity under the exclusive use or control of a particular group.


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