Bill Text: IL HB2183 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Campus Free Speech Protection Act. Requires the governing board of each public institution of higher education to adopt policies governing free expression. Sets forth what those policies must ensure. Contains provisions concerning making those policies available to faculty and students. Sets forth both prohibited and permissible conduct. Provides for remedies for violations of the policies.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2023-03-16 - Added Co-Sponsor Rep. Chris Miller [HB2183 Detail]

Download: Illinois-2023-HB2183-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2183 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
New Act
Creates the Campus Free Speech Protection Act. Requires the governing board of each public institution of higher education to adopt policies governing free expression. Sets forth what those policies must ensure. Contains provisions concerning making those policies available to faculty and students. Sets forth both prohibited and permissible conduct. Provides for remedies for violations of the policies.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Campus
Free Speech Protection Act.
Section 5. Definitions. In this Act:
"Faculty" means any person, educator, or staff member
employed by or acting under the agency of a public institution
of higher education regardless of whether the person is
compensated by the public institution of higher education.
"Public institution of higher education" or "institution"
means the University of Illinois, Southern Illinois
University, Chicago State University, Eastern Illinois
University, Governors State University, Illinois State
University, Northeastern Illinois University, Northern
Illinois University, Western Illinois University, a public
community college in this State, or any other public
university, college, or community college now or hereafter
established or authorized by the General Assembly.
"Student" means an individual currently enrolled in at
least one credit hour at a public institution of higher
education or a student organization registered pursuant to the
policies of a public institution of higher education.

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Section 10. Policies; notice of policies.
(a) Consistent with its obligations to respect the rights
secured by the Constitution of the United States and the
Constitution of the State of Illinois, the governing board of
each public institution of higher education, by no later than
January 1, 2024, shall adopt policies to ensure all of the
following:
(1) That the institution protects the fundamental and
constitutional right of all students and faculty to
freedom of expression.
(2) That the institution grants students and faculty
the broadest possible latitude to speak, write, listen,
challenge, learn, and discuss any issue.
(3) That the institution commits to maintaining a
marketplace of ideas in which the free exchange of ideas
is not suppressed because an idea put forth is considered
by some or even most of the members of the institution's
community to be offensive, unwise, disagreeable,
conservative, liberal, traditional, or radical.
(4) That students and faculty do not substantially
obstruct or otherwise substantially interfere with the
freedom of others to express views they reject so that a
lively and fearless freedom of debate and deliberation is
promoted and protected.
(5) That the expression of a student's religious or

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political viewpoints in classroom, homework, artwork, and
other written and oral assignments is free from
discrimination or penalty based on the religious or
political content of the submission.
(6) That the selection of students to speak at
official events is made in a viewpoint-neutral manner. The
prepared remarks of a student are not to be altered before
delivery, except in a viewpoint-neutral manner or unless
requested by the student. However, student speakers shall
not engage in speech that is obscene, vulgar, offensively
lewd, or indecent. If the content of a student's speech is
such that a reasonable observer may perceive affirmative
institutional sponsorship or endorsement of the student
speaker's religious or political viewpoint, the
institution shall communicate, in writing, orally, or
both, that the student's speech does not reflect the
endorsement, sponsorship, position, or expression of the
institution.
(7) That student religious and political organizations
are allowed equal access to public forums on the same
basis as nonreligious and nonpolitical organizations.
(8) That no recognized religious or political student
organization is hindered or discriminated against in the
ordering of its internal affairs, selection of leaders and
members, defining of doctrines and principles, and
resolving of organizational disputes in the furtherance of

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its mission or in its determination that only persons
committed to its mission should conduct such activities.
(9) That student activity fee funding to a student
organization is not denied based on the viewpoints that
the student organization advocates.
(10) That the generally accessible, open, outdoor
areas of the campus be maintained as traditional public
forums for students and faculty to express their views, so
that the free expression of students and faculty is not
limited to particular areas of the campus often described
as free speech zones.
(11) That there shall be no restrictions on the time,
place, and manner of student speech that occurs in the
outdoor areas of campus or is protected by the First
Amendment of the Constitution of the United States, except
for restrictions that are:
(A) reasonable;
(B) justified without reference to the content of
the regulated speech;
(C) narrowly tailored to serve a compelling
governmental interest; and
(D) limited to provide ample alternative options
for the communication of the information.
(12) That the requirements for permits do not prohibit
spontaneous outdoor assemblies or outdoor distribution of
literature, although an institution may adopt a policy

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that grants members of the institution's community the
right to reserve certain outdoor spaces in advance.
(13) That all students and faculty are allowed to
invite guest speakers to campus to engage in free speech
regardless of the views of the guest speakers.
(14) That students are not charged fees based on the
content of their speech, the content of the speech of
guest speakers invited by students, or the anticipated
reaction or opposition of listeners to the speech.
(15) That the institution shall not disinvite a
speaker invited by a student, student organization, or
faculty member because the speaker's anticipated speech
may be considered offensive, unwise, disagreeable,
conservative, liberal, traditional, or radical by
students, faculty, administrators, government officials,
or members of the public.
(b) Nothing in the policies under this Section shall be
construed to grant students the right to engage in conduct
that intentionally, materially, and substantially disrupts
another's expressive activity if that activity is occurring in
a campus space previously scheduled or reserved for that
activity or under the exclusive use or control of a particular
group.
(c) The policies adopted under this Section shall be made
available to students and faculty by the following methods:
(1) by publishing the policies in the institution's

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student handbook and faculty handbook, whether on paper or
electronically; and
(2) by posting the policies in a prominent location on
the institution's Internet website.
(d) The policies adopted under this Section may also be
made available to students and faculty by the following
methods:
(1) by mailing the policies electronically to students
and faculty annually using their institutionally provided
email addresses; or
(2) by including the policies in orientation programs
for new students and faculty.
Section 15. Prohibited conduct. The following conduct
violates this Act if the conduct intentionally, materially,
and substantially disrupts another's expressive activity and
if it significantly hinders the expressive activity of another
person or group or prevents the communication of a message or
the transaction of a lawful meeting, gathering, or procession
by:
(1) being of a violent or seriously disruptive nature;
or
(2) physically blocking or significantly hindering any
person from attending, hearing, viewing, or otherwise
participating in an expressive activity.

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Section 20. Permissible conduct. The following conduct
does not violate this Act if the conduct does not
intentionally, materially, and substantially disrupt another's
expressive activity:
(1) the conduct is protected under the First Amendment
to the Constitution of the United States or is conduct
protected under the Constitution of the State of Illinois,
including, but not limited to, lawful protests and
counter-protests in the outdoor areas of campus generally
accessible to the public, except during times when those
areas have been reserved in advance for other events; or
(2) the conduct is an isolated occurrence that causes
minor, brief, and nonviolent disruptions of expressive
activity.
Section 90. Violations; remedies; statute of limitations.
(a) Any person aggrieved by a violation of a policy under
Section 10 of this Act shall have a cause of action against the
institution or any of its faculty acting in the faculty's
official capacity for damages arising from the violation,
including reasonable attorney's fees and litigation costs.
(b) A claim brought pursuant to this Section may be
asserted in any court of competent jurisdiction within one
year after the date the cause of action accrued. The cause of
action shall be deemed to have accrued at the point in time the
violation ceases or is cured by the institution.

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(c) Excluding reasonable attorney's fees and litigation
costs, any prevailing claimant under this Section shall be
awarded no less than $1,000 but no more than $100,000
cumulatively per action. If multiple claimants prevail and the
damages awarded would exceed $100,000, the court shall divide
$100,000 among all prevailing claimants equally.