SB 498 - Expands State Requirements Relating to Freedom of Speech at University of Wisconsin System Institutions and Establishes Penalties - Wisconsin Key Vote

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Title: Expands State Requirements Relating to Freedom of Speech at University of Wisconsin System Institutions and Establishes Penalties

Vote Smart's Synopsis:

Vote to pass a bill that expands state requirements relating to freedom of speech at University of Wisconsin System institutions and establishes penalties for violation.

Highlights:

  • Prohibits schools in the University of Wisconsin (UW) System from doing any of the following (Sec. 1):

    • Restricting protected free speech so long as the speaker’s conduct is lawful and does not disrupt functions of the institution;

    • Maintaining and enforcing time, place, and manner restrictions on expressive activities, except in classrooms during instruction;

    • Designating any area of a campus as a “free speech zone”;

    • Requiring a permit to engage in expressive activities protected under this Act;

    • Charging security fees based on the content of expression or anticipated reaction; or

    • Sanctioning individuals or groups for harassment unless it targets a protected class and prevents them from receiving equal access to educational opportunities or benefits.

  • Specifies that all indoor forum spaces and publicly accessible outdoor areas, except for classrooms during instruction, are governed by rules applicable to traditional public forums (Sec. 1).

  • Requires schools in the UW System to do each of the following (Sec. 1):

    • Conduct a biennial survey of students and employees on First Amendment rights, academic freedom, perceived political bias at the institution, and whether campus culture promotes self-censorship;

    • Submit a biennial report detailing the results of this survey; and

    • Provide all students and employees with annual instruction in academic freedom, due process, and First Amendment protections.

  • Prohibits policies or employees of a school in the UW System from limiting the expressive rights and academic freedom of an instructor to do any of the following (Sec. 1):

    • Conduct research, publish, lecture, or teach;

    • Require students to participate in exercises with legitimate pedagogical purposes that involve any argument or assertion; or

    • Speak publicly as a private citizen on matters of public concern.

  • Requires any school in the UW System that is found to have violated a provision of this Act to include a disclaimer on all notices regarding admission, for four years following the violation, stating that it has violated a statute of free speech or academic freedom (Sec. 1).

  • Authorizes the attorney general, a district attorney, or any person whose rights under this Act are violated to bring court action against a school in the UW System, and requires courts to award damages, court costs, and attorney fees from the institution’s administrative fund if a violation is found (Sec. 1).

  • Requires due process in any disciplinary proceeding following a complaint of a violation under this Act, and specifies that an institution must freeze tuition for two years if it violates any due process requirement (Sec. 2).

Title: Expands State Requirements Relating to Freedom of Speech at University of Wisconsin System Institutions and Establishes Penalties

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