Public postsecondary education: Campus Free Expression Act.

(1) Under existing law, the 3 segments of public postsecondary education in this state are the University of California, 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, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges. Existing law, known as the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of these 3 public postsecondary educational segments. No provision of the Donahoe Higher Education Act is applicable to the University of California except to the extent that the regents act, by appropriate resolution, to make that provision applicable. Existing law prohibits the Regents of the University of California, the Trustees of the California State University, and the governing board of a community college district from making or enforcing a rule subjecting a student to disciplinary sanction solely on the basis of conduct that is speech or other communication that is protected by specified provisions of the United States Constitution and the California Constitution. This bill would enact the Campus Free Expression Act. The bill would declare that the outdoor areas of public postsecondary educational institutions are traditional public forums for purposes of free expression legal analysis under the First Amendment to the United States Constitution and Sections 2 and 3 of Article 1 of the California Constitution. The bill would provide that a public postsecondary educational institution may maintain and enforce reasonable time, place, and manner restrictions only when those restrictions are narrowly tailored in service of a significant institutional interest, employ clear, published, content-neutral, and viewpoint-neutral criteria, and provide for ample alternative means of expression. The bill would require these restrictions to allow for members of the campus community to lawfully, spontaneously, and contemporaneously distribute literature and assemble. The bill would further require that a person who wishes to engage in expressive activity on the campus of a public postsecondary educational institution be permitted to do so freely, as long as that person's conduct is not unlawful and does not materially and substantially disrupt the functioning of the institution or the lawful activities of another person. This bill would authorize the Attorney General and a person whose right to engage in expressive activity was infringed through a violation of these 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 bill would require a court that finds a violation of these provisions to award aggrieved persons damages of no less than $500 for an initial violation, plus $50 for each day the violation remains ongoing, which shall accrue starting on the day after the complaint is served on the institution. The bill would set the maximum damages that an aggrieved person, or set of aggrieved persons, may receive in a case or cases stemming from a single controversy at $5,000. The bill would repeal these provisions on January 1, 2024. To the extent that this bill would impose new duties on community college districts for implementation of its provisions, the bill would constitute a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.