A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by adding Section 8.5 to Article IX thereof, relating to postsecondary education.

Existing law establishes the University of California, established under the California Constitution as a public trust under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in this state. This measure would establish the Campus Free Speech Act, which would, among other things, require the appropriate governing board or body of each higher education institution to develop and adopt a policy on free expression that contains specified components. The act would provide that the policy shall supersede any provisions in the policies and regulations of the institution that restrict speech on campus and are inconsistent with the policy, and would require the appropriate governing board or body of the institution to remove or revise the provisions to ensure compatibility with the policy. The act would require the appropriate governing board or body of the institution to establish a Committee on Free Expression, consisting of no less than 15 members, as specified. The act would require each committee to report, on or before September 1 of each year, to the governing board or body, the Legislature, and the Governor specified information regarding the status of free expression at the campus, or at each campus of the segment, as applicable. The act would require each higher education institution to include in its freshman orientation programs a section describing to its students the institution's policies and regulations regarding free expression consistent with the measure's provisions. The act would authorize the Attorney General and a person whose right to engage in expressive activity was infringed through a violation of certain of the measure's provisions to bring an action in a court of competent jurisdiction within one year after the date that a cause of action accrues, as specified. The act would require a court that finds a violation of those provisions to award aggrieved persons injunctive relief for the violation, reasonable court costs and attorney's fees, and damages of $1,000 or actual damages, whichever is higher. The act would make a higher education institution that does not comply with the act ineligible for any state funding except pursuant to the Cal Grant Program or a successor state-funded student financial aid program. The act would not apply to educational programs or activities offered by a higher education institution that is controlled by a religious organization, if the application would not be consistent with the religious tenets of that organization.