AN ACT
ENTITLED, An Act to promote free speech and intellectual diversity at certain institutions of higher
education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 13-53 be amended by adding a NEW SECTION to read:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 13-53 be amended by adding a NEW SECTION to read:
As used in this Act:
(1) "Expressive activity," protected under the provisions of this Act includes any lawful
noncommercial verbal or written means by which one person communicates ideas to
another, and includes peaceful assembly, protests, speeches, distribution of literature, the
carrying of signs, and the circulation of petitions; and
(2) ''Intellectual diversity," denotes a learning environment that exposes students to and
encourages exploration of a variety of ideological and political perspectives.
Section 2. That chapter 13-53 be amended by adding a NEW SECTION to read:
Section 2. That chapter 13-53 be amended by adding a NEW SECTION to read:
The Board of Regents shall require each institution under its control to maintain a commitment
to the principles of free expression and encourage the timely and rational discussion of topics in an
environment that is intellectually and ideologically diverse. Neither the Board of Regents nor any
institution under its control may attempt to shield individuals from constitutionally protected speech,
including ideas and opinions they find offensive, unwise, immoral, indecent, disagreeable,
conservative, liberal, traditional, radical, or wrong-headed.
Section 3. That chapter 13-53 be amended by adding a NEW SECTION to read:
Section 3. That chapter 13-53 be amended by adding a NEW SECTION to read:
Any outdoor area within the boundaries of a public institution of higher education constitutes a
designated public forum for the benefit of students, faculty, administrators, other employees, and
their invited guests, to engage in expressive activity, unless access to the area is otherwise properly
restricted.
A public institution of higher education may maintain and enforce lawful reasonable time, place,
and manner restrictions regarding the use of the outdoor areas described in this section, if such
restrictions are clear, narrowly tailored in the service of a significant institutional interest, published,
content- and viewpoint- neutral, and provide alternate means of engaging in the expressive activity.
Any such restrictions shall allow students, faculty, administrators, and other employees to
spontaneously and contemporaneously assemble, as long as their conduct is not unlawful and does
not materially and substantially disrupt the functioning of the institution. Nothing in this section shall
be interpreted as limiting the right of students, faculty, administrators, and other employees to engage
in protected expressive activity elsewhere within the boundaries of the institution. An institution may
not designate any area within its boundaries as a free speech zone or otherwise restrict expressive
activities to particular areas within its boundaries in a manner that is inconsistent with this section.
Section 4. That chapter 13-53 be amended by adding a NEW SECTION to read:
Section 4. That chapter 13-53 be amended by adding a NEW SECTION to read:
A public institution of higher education, its faculty, administrators, and other employees, may
not discriminate against any student or student organization based on the content or viewpoint of
their expressive activity. Funds allocated to student organizations shall be distributed in a
nondiscriminatory manner in accordance with applicable state and federal authority. Access to, and
use of, facilities at a public institution of higher education shall be equally available to all student
organizations, regardless of the ideological, political, or religious beliefs of the organization.
An institution may not prohibit an ideological, political, or religious student organization from
requiring that its leaders or members of the organization affirm and adhere to the organization's
sincerely held beliefs, comply with the organization's standards of conduct, or further the
organization's mission or purpose, as defined by the organization.
Section 5. That chapter 13-53 be amended by adding a NEW SECTION to read:
Section 5. That chapter 13-53 be amended by adding a NEW SECTION to read:
On or before December first of each year, the Board of Regents shall prepare and submit to the
Governor and each member of the legislature a report that:
(1) Sets forth all actions taken by each institution to promote and ensure intellectual diversity
and the free exchange of ideas; and
(2) Describes any events or occurrences that impeded intellectual diversity and the free
exchange of ideas.
An Act to promote free speech and intellectual diversity at certain institutions of higher education.
An Act to promote free speech and intellectual diversity at certain institutions of higher education.
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I certify that the attached Act originated in the
HOUSE as Bill No. 1087
____________________________
Chief Clerk ____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
____________________________
Attest:
____________________________
Secretary of the Senate
House Bill No. 1087 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
