California Senate Bill SB1388

California 2017-2018 Regular Session

• Introduced: 2/16/18
• Refer: 3/8/18

Caption

Postsecondary education: Forming Open and Robust University Minds Act.

Impact

The legislation seeks to address concerns that public universities may not adequately protect student speech rights. It obligates higher education institutions to publicly report their efforts in promoting free expression and responding to any incidents that may restrict such rights. The bill carries the expectation that campuses will promote intellectual freedom while remaining neutral on policy controversies, ensuring students are not coerced into expressing any particular viewpoint.

Summary

Senate Bill 1388, also known as the Forming Open and Robust University Minds (FORUM) Act, is designed to enhance free expression on college campuses within California. It reaffirms the significance of the First Amendment rights to free speech, particularly in the context of postsecondary education. The bill mandates that the California Community Colleges and California State University adopt policies that ensure outdoor campus areas are recognized as traditional public forums for noncommercial expressive activities, which should not materially disrupt institution functions. This initiative aims to create an environment conducive to open debate and discourse among students.

Contention

One notable aspect of SB 1388 is its legal framework that allows individuals or student organizations to sue public institutions of higher education for alleged violations of the act, with a clear process for accountability. This aspect has sparked debates regarding the implications of such an environment on campus safety and the nature of dialogue. Additionally, there are concerns voiced by some legislators about whether these provisions adequately balance the rights ensured under the First Amendment against the potential for harassment or offensive expression that might arise in these open forums.