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SENATE FLOOR VERSION
April 5, 2022
ENGROSSED HOUSE
BILL NO. 3543 By: Caldwell (Chad) of the
House
and
Daniels of the Senate
An Act relating to higher education; establishing the
Oklahoma Free Speech Committee to the Oklahoma State
Regents for Higher Education; specifying duties of
the Committee; amending 70 O.S. 2021, Section 2120,
which relates to regional education services and
schools; modifying reporting requirement; directing
the Committee to provide or approve training
materials; directing for collection of co mplaints;
requiring training; and providing for codification.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3205.11 of Title 70, unless
there is created a duplication in numbering, reads as follows:
There is hereby created the Oklahoma Free Speech Com mittee to
the Oklahoma State R egents for Higher Education.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3205.12 of Title 70, unless
there is created a duplication in numbering, reads as follows:
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The duties of the Oklahoma Free Speech Committ ee shall be to:
1. Review the free speech policies of Oklahoma public
universities;
2. Review any free speech complaint s filed with the Committee
following Section 4 of this act;
3. Review university training on free speech for improvements;
and
4. Make recommendations to the universities on improvements to
free speech policies and training.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 2120, is
amended to read as follows :
Section 2120. A. As used in this act:
1. "Campus community" means students, administrators, fa culty
and staff at the public institution of higher education and their
invited guests;
2. "Harassment" means only tha t expression that is unwelcome,
so severe, pervasive and subjectively and objectively offensive that
a student is effectively denied equa l access to educational
opportunities or benefits p rovided by the public institution of
higher education;
3. "Materially and substantially disrupts" means when a person,
with the intent to or with knowledge of doing so, significantly
hinders another perso n's or group's expressive activity, prevents
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the communication of the message or prevents the transaction of the
business of a lawful meeting, gathering or procession by:
a. engaging in fighting, violent or other unlawful
behavior, or
b. physically blocking or using threats of violence to
prevent any person from attending, listening to,
viewing or otherwise participating i n an expressive
activity. Conduct that "materially disrupts" shall
not include conduct that is protected under the First
Amendment to the United States Constitution or Section
22 of Article 2 of the Oklahoma Constitution. Such
protected conduct includes but is not limited to
lawful protests in the outdoor areas of campus
generally accessible to the members of the public,
except during times when those areas have been
reserved in advance f or other events, or minor, brief
or fleeting nonviolent disruptions of events that are
isolated and short in duration;
4. "Outdoor areas of c ampus" means the generally accessible
outside areas of campus w here members of the campus community are
commonly allowed, such as grassy areas, walkways or other similar
common areas and does not include outdoor areas where access is
restricted from a majo rity of the campus community;
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5. "Public institution of higher education" means any
institution within The Oklaho ma State System of Higher Education or
technology center schools ove rseen by the State Board of Career and
Technology Education; and
6. "Student organization" means an officially recognized group
at a public institution of higher education, or a group see king
official recognition, comprised of admitted students that recei ve or
are seeking to receive benefits through the public institution of
higher education.
B. Expressive activities protected under the p rovisions of this
section include but are not limit ed to any lawful verbal, written,
audio-visual or electronic means b y which individuals may
communicate ideas to one another, including all fo rms of peaceful
assembly, protests, speeches and guest speakers , distribution of
literature, carrying signs and ci rculating petitions.
C. 1. The outdoor areas of campuses of public institutions of
higher education in this state shall be deemed public for ums for the
campus community, and public institutions of higher education shall
not create "free speech zones" or other designated areas of campus
outside of which expressive activit ies are prohibited. Public
institutions of higher education may maintain and enforce reasonable
time, place and manner restrictions narr owly tailored in service of
a significant instituti onal interest only when such restrictions
employ clear, published, c ontent- and viewpoint-neutral criteria and
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provide for ample alternative m eans of expression. Any such
restrictions shall allow for memb ers of the campus community to
spontaneously and co ntemporaneously assemble and distribute
literature.
2. Nothing in this subsection shall be interpreted as limiting
the right of student expre ssion elsewhere on campus.
D. 1. Any person who wishes to eng age in noncommercial
expressive activity on campus shall be permitted to do so freely, as
long as the person's conduct is not unlawful and does not materially
and substantially disrupt the func tioning of the public institutions
of higher education, subject only to the requirements of subsection
C of this section.
2. Nothing in this subsection shall prohibit public
institutions of higher education from maintaining and enforcing
reasonable time, place and manner restrictions that are narrowly
tailored to serve a significant institutional interest only when
such restrictions employ clear, published, content - and viewpoint-
neutral criteria. Any such restrictions shall allow for members of
the campus community to spontaneously and contemporaneously
assemble, speak and distribute literature.
3. Nothing in this subsection shall be interpreted as
preventing public institutions of higher education from prohibiting,
limiting or restricting expression tha t the First Amendment does not
protect or prohibiting harassmen t as defined by this section.
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4. Nothing in this s ection shall enable individuals to engage
in conduct that intentiona lly, materially and substantially disrupts
another person's expressive act ivity if that activity is occurring
in a campus space reserved for that activity under the exclusive use
or control of a particular group.
E. Public institutions of higher education shall make public in
their handbooks, on their websites and through their orientation
programs for students the policies, regulations an d expectations of
students regarding free expressio n on campus consistent with this
section.
F. Public institutions of higher education shall develop
materials, programs and procedures to ensu re that those persons who
have responsibility for discipline or education of students,
including but not limited t o administrators, campus police officers,
residence life officials a nd professors, understand the policies,
regulations and duties of public i nstitutions of higher education
regarding free expression on ca mpus consistent with this section.
G. 1. Each public institution of higher education shall
publicly post on its websi te, as well as submit to the Governor and,
the Legislature, and the Chancellor of The Oklahoma State System of
Higher Education annually by December 31, a report that details the
course of action implemented to be in compliance with the
requirements of this section. A report shall also be given in the
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instance of any change s or updates to the chosen course of action.
The information requi red in the report shall be:
a. accessible from the institution's website home page by
use of not more than three links,
b. searchable by key words and phrases, and
c. accessible to the publ ic without requiring
registration or use of a user name, password o r
another user identification.
2. The report shall include:
a. a description of any barriers to or incidents of
disruption of free expression occurring on campus,
including but not limited to attempts to block or
prohibit speakers and investigations into students or
student organizations for their speech. The
description shall include the nature of each barrier
or incident, as well as what disciplinary action, if
any, was taken against mem bers of the campus community
determined to be responsible for those specific
barriers or incidents involving students without
revealing those students' personally identifiable
information, and
b. any other information each public institution of
higher education deems valuable for the public to
evaluate whether free expres sion rights for all
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members of the campus community have been equally
protected and enforced consistent with this act.
3. If a public institution of higher education is sued for an
alleged violation of First Amendment rights, a supplementary report
with a copy of the complaint, or any amended complaint, s hall be
submitted to the Governor and the Legislature within thirty (30)
days.
H. Any person or student organization aggrieved by a viola tion
of this section may bring an action against the public institu tion
of higher education and its employees acting i n their official
capacities responsible for the violation and seek appropriate
relief, including but not limited to injunctive relief, mon etary
damages, reasonable attorneys' fees and court costs. Any per son or
student organization aggrieved by a violatio n of this section may
assert such violation as a defense or counter claim in any
disciplinary action or in any civil or administrative pro ceedings
brought against such student or student organization. Not hing in
this subsection shall be interpreted to lim it any other remedies
available to any person or student organization.
I. A person shall be required to bring suit for violation of
this section no later than one year after the day the cause of
action occurs. For purposes of calculating the one -year limitation
period, each day that the violation persists and each day that a
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policy in violation of this section remains in effect shall
constitute a new day that the cause of action has occurred.
J. If any provision of this section or any application of such
provision to any person or circumstance is held to be
unconstitutional, the remainder of the section and the application
of the provision to any other person or circumstance shall not be
affected.
SECTION 4. NEW LAW A new section o f law to be codified
in the Oklahoma Statutes as Section 3205.13 of Title 70, unless
there is created a duplicatio n in numbering, reads as fol lows:
The Oklahoma Free Speech Committee shall develop a process of
collecting complaints of free speech violations on public university
campuses and advise complainants of their rights. Universities
shall publish contact infor mation on how to report free speech
concerns to the Oklahoma Free Speech Committee on their website.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statu tes as Section 3205.14 of Title 70, unless
there is created a duplication in numbe ring, reads as follows:
The Oklahoma Free Speech Committee shall either develop a First
Amendment training or approve of an outside First Amendment training
that shall be required for all college deans, heads of departments,
and individuals responsible for establishing university free speech
policies or handling free speech complaints. The Committee shall
either revise or reapprove the training every two (2) years. The
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training will be required every two (2) years, or upon hire or
promotion to one of the positions described by this section .
COMMITTEE REPORT BY: COMMI TTEE ON EDUCATION
April 5, 2022 - DO PASS