Student Rights Act of 2018
This bill amends the Higher Education Act of 1965 to address issues concerning free speech, assembly, and association on college campuses, such as the right to invite guests to speak at campuses.
For example, the bill requires public institutions of higher education to allow a person to engage in noncommercial, expressive activity in outdoor areas on campuses if the person's conduct is lawful. Expressive activities include: (1) distributing literature; (2) circulating a petition; or (3) peacefully assembling, protesting, or speaking. It excludes violence, harassment, or obscenity.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7229 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 7229
To amend the Higher Education Act of 1965 to protect student rights,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 10, 2018
Mr. Brat (for himself, Mr. Budd, Mr. Meadows, Mr. Gaetz, Mr. Gosar, Mr.
Lamborn, Mr. Gianforte, and Mr. Norman) introduced the following bill;
which was referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to protect student rights,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Rights Act of 2018''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Freedom of speech is a fundamental natural right.
(2) Freedom of assembly and freedom of association are a
necessary part of such freedom of speech.
(3) The First Amendment of the Constitution of the United
States, ratified on December 15, 1791, protects freedom of
speech for Americans.
(4) Freedom of inquiry, impossible without the freedom of
speech, should be a first principle amongst American public
institutions of higher education to promote civic deliberation,
the discourse of ideas, and the search for truth.
(5) Freedom of speech has been abridged at many public
institutions of higher education.
(6) It is necessary to clarify the rights of students to
assemble, associate, speak, and think freely.
(7) It is necessary to notify students at public
institutions of higher education of their rights under the
First Amendment of the Constitution of the United States and
ensure a fair judicial process for such students to challenge
violations of their rights.
SEC. 3. RIGHT TO FREE SPEECH IN OUTDOOR AREAS.
Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.) is amended--
(1) in section 487(a), by adding at the end the following:
``(30) In the case of a public institution, the institution
will comply with the expressive activity protections described
in section 493E.''; and
(2) in part G, by adding at the end the following:
``SEC. 493E. CAMPUS INDIVIDUAL RIGHTS.
``(a) Definition of Expressive Activities.--
``(1) In general.--In this section, the term `expressive
activity' includes--
``(A) peacefully assembling, protesting, or
speaking;
``(B) distributing literature;
``(C) carrying a sign; or
``(D) circulating a petition.
``(2) Exclusions.--In this section, the term `expressive
activity' does not include violence, harassment, or obscenity
(as defined by applicable statutory law in accordance with the
precedents of the Supreme Court of the United States).
``(b) Expressive Activities at an Institution.--
``(1) In general.--Each public institution of higher
education participating in a program under this title may not
prohibit, subject to paragraph (2), a student from freely
engaging in noncommercial expressive activity in an outdoor
area on the institution's campus if the student's conduct is
lawful.
``(2) Restrictions.--An institution of higher education
described in paragraph (1) may maintain and enforce reasonable
time, place, or manner restrictions on an expressive activity
in an outdoor area of the institution's campus, if the
restriction--
``(A) is narrowly tailored to serve a significant
institutional interest;
``(B) is based on previously published, content-
neutral, and viewpoint-neutral criteria; and
``(C) leaves open ample alternative channels for
communication.
``(3) Application.--The protections provided under
paragraph (1) do not apply to expressive activity in an area on
an institution's campus that is not an outdoor area.
``(c) Causes of Action.--
``(1) Authorization.--The following persons may bring an
action in a Federal court of competent jurisdiction to enjoin a
violation of this section or any of paragraphs (31) through
(34) of section 487(a), or to recover compensatory damages,
reasonable court costs, or reasonable attorney fees:
``(A) The Attorney General.
``(B) A person claiming that the person's
expressive activity rights, as described in subsection
(b)(1), were violated.
``(2) Actions.--In an action brought under this subsection,
if the court finds a violation of this section, the court--
``(A) shall--
``(i) enjoin the violation; and
``(ii) if a person whose expressive
activity rights were violated brought the
action, award the person--
``(I) not less than $1,000 for an
initial violation; and
``(II) if the person notifies the
institution of the violation, $100 for
each day the violation continues after
the notification if the institution did
not act to discontinue the cause of the
violation; and
``(B) may award a prevailing plaintiff--
``(i) compensatory damages;
``(ii) reasonable court costs; or
``(iii) reasonable attorney fees.
``(d) Statute of Limitations.--
``(1) In general.--Except as provided in paragraph (3), an
action under this section may not be brought later than 1 year
after the date on which the cause of action accrues.
``(2) Continuing violation.--Each day that a violation of
this section continues after an initial violation of this
section, and each day that an institution's policy in violation
of this section remains in effect, shall constitute a
continuing violation of this section.
``(3) Extension.--For a continuing violation described in
paragraph (2), the limitation described in paragraph (1) shall
extend to 1 year after the date on which the most recent
violation occurs.''.
SEC. 4. FREEDOM OF ASSOCIATION.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)), as amended by section 3, is further amended by adding at the
end the following:
``(31) In the case of a public institution, the institution
will allow a religious or political student organization to
determine that ordering the organization's internal affairs,
selecting the organization's leaders and members, defining the
organization's doctrines, and resolving the organization's
disputes are in furtherance of the organization's religious or
political mission and that only persons committed to that
mission should conduct such activities.
``(32) In the case of a public institution that has granted
recognition and access to any student organization or group,
the institution shall not discriminate against any such student
organization or group that exercises its rights under this
Act.''.
SEC. 5. RIGHT FOR STUDENTS GROUPS TO INVITE SPEAKERS.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)), as amended by sections 3 and 4, is further amended by adding
at the end the following:
``(33) In the case of a public institution, the institution
will not abridge the freedom of any individual, including
enrolled students, faculty, other employees, and the invited
guests of any such individuals, to speak on campus, except that
the institution may restrict the use of its nonpublic
facilities by invited guests.
``(34) In the case of a public institution, the
institution--
``(A) will make all reasonable efforts and will
make available all reasonable resources to ensure the
safety of invited speakers; and
``(B) will not charge security fees based on--
``(i) the content of the speech of an
individual or organization that invites a
speaker; or
``(ii) the content of the speech of an
invited speaker.''.
SEC. 6. DISCLOSURE OF FREEDOM OF SPEECH ON CAMPUS POLICIES.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)), as amended by sections 3 through 5, is further amended by
adding at the end the following:
``(35) In the case of a public institution, the institution
will--
``(A) develop a written policy guaranteeing free
speech, assembly, and association on campus in a manner
that is consistent with the First Amendment, including
the policy of the institution with respect to--
``(i) invitations by students to speakers
to speak at such institution; and
``(ii) student and faculty rights to free-
speech, rights of association, and rights to
publish;
``(B) include in a statement that it is not the
proper role of an institution to deprive individuals
from speech protected by the First Amendment of the
Constitution of the United States, including ideas and
opinions they find unwelcome, disagreeable, or
offensive;
``(C) if the institution is sued for an alleged
violation of a right guaranteed by the First Amendment,
submit a report with a copy of the complaint to--
``(i) the Secretary;
``(ii) the Committees on Education and the
Workforce and Oversight and Government Reform
of the House of Representatives; and
``(iii) the Committees on Health,
Education, Labor, and Pensions and Homeland
Security and Government Affairs of the Senate;
``(D) notify students of the information described
in subparagraphs (A), (B), and (C) annually by mail or
email and at freshman orientation classes or seminars,
if such seminars are offered; and
``(E) publish the information described in
subparagraphs (A), (B), and (C) on a publicly
accessible website of the institution.''.
SEC. 7. APPLICABILITY TO CERTAIN INSTITUTIONS.
Nothing in this Act or the amendments made by this Act shall apply
to a student or a student organization at a public institution of
higher education the primary mission of which is to prepare individuals
for service in the Armed Forces or the merchant marine.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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