Texas House Bill HB3395

Texas 2019 - 86th Regular

Caption

Relating to the protection of expressive activities at public institutions of higher education.

Impact

If enacted, HB 3395 will require public institutions to implement policies ensuring students and other members of the campus community can freely engage in expressive activities. The legislation mandates that these institutions establish conditions under which expressive activities can occur, ensuring they do not impose punitive measures based on an organization's political or ideological perspectives. By fostering an environment conducive to open dialogue and diverse viewpoints, the bill is intended to enrich the educational experience within higher education settings.

Summary

House Bill 3395 addresses the protection of expressive activities at public institutions of higher education in Texas. The bill establishes a legal framework to ensure that rights such as free speech and assembly are safeguarded, central to the mission of educational institutions. It defines important terms related to expressive activities, including assemblies, protests, and the distribution of materials, while excluding commercial speech. The bill emphasizes that outdoor areas of campuses should be treated as public forums where individuals can engage in expressive activities, provided their actions are lawful and do not disrupt institutional functions.

Contention

Despite its aims, some critiques of HB 3395 may emerge, particularly concerning the balance between free expression and the potential for disruption. There are concerns that while the bill encourages free speech, the guidelines surrounding 'reasonable restrictions' on expressive activities might be exploited to limit expressions deemed controversial. Therefore, while promoting a culture of expression, deliberations around the bill will likely consider the implications of allowing unrestricted speech in environments that need to maintain a focus on education and safety.