DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 269 Reengrossed 2017 Regular Session Lance Harris
Abstract: Provides for the creation of a policy on free expression and for the adoption of
regulations and restrictions of free expression on college campuses.
Proposed law provides for a state policy on free expression on public college and university
campuses, including the following major components:
(1)Requires each of the management boards of the state institutions of postsecondary education
to develop and adopt a policy on free expression that contains specific enumerated statements
and provisions.
(2)Requires the Bd. of Regents to create a committee on free expression to issue annual reports
of the status of free expression on college campuses based upon various metrics.
(3)Authorizes the management boards to adopt regulations to further the purposes of the
adopted policy.
(4)Requires state institutions of postsecondary education to include in freshman orientation
programs a description of the free expression policies and regulations.
(5)Authorizes state institutions of postsecondary education to restrict expressive conduct within
certain limitations.
(6)Creates a cause of action for injunction, damages, court costs, and attorney fees available to
a person whose expressive rights are violated by a violation of proposed law.
(Adds R.S. 17:3399.31-3399.36)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Relative to the requirement that management boards adopt policies on free expression:
(a)Add further provisions authorizing institutions to restrict protests and
demonstrations with regard to maintaining order on campus and to prevent any
interference with regularly scheduled campus events. (b)Change provisions relative to disciplinary hearings for students to remove
specific requirements and provide instead that student codes of conduct shall
contain procedures for disciplinary actions for violations in instances involving
expressive conduct.
2. Relative to the requirement that the committee created by the Bd. of Regents report
certain information, add that the report shall include deficiencies and inconsistencies
among the institutions' application of the policies and procedures developed pursuant to
proposed law.
3. Relative to the authority for the management boards to adopt regulations for purposes of
the adopted policies, add that such regulations include restrictions on protests and
demonstrations necessary to prevent any interference with regularly scheduled campus
events.
4. Relative to the authority for the institutions to restrict expressive conduct for certain
purposes, add to such purposes that institutions may restrict expressive conduct if
necessary to prevent any interference by a protest or demonstration with regularly
scheduled campus events.
5. Remove authority for the attorney general to bring a legal action to enjoin a violation of
proposed law.