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Bill > S0172


SC S0172

SC S0172
Campus Free Expression Act


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws So As To Enact The "campus Free Expression Act"; By Adding Article 4 To Title 59, Chapter 101, So As To List And Protect Free Expression Rights; To Identify Publicly Accessible Outdoor Areas Of Public Higher Education Campuses As Public Forums; To Guarantee Existing Expressive Activity Protections; To Permit Public Institutions Of Higher Education To Charge Security Fees For Expressive Activities Based On Neutral Criteria; To Provide For Causes Of Action Following A Violation Of Expressive Rights; And To Define Necessary Terms.

AI Summary

This bill aims to protect free expression rights on public higher education campuses in South Carolina by establishing the "Campus Free Expression Act". The bill defines publicly accessible outdoor areas of these campuses as traditional public forums and ensures that students and groups can engage in expressive activities like peaceful assembly, protests, speeches, literature distribution, and sign-carrying without undue restrictions. Public institutions can only impose reasonable, content-neutral time, place, and manner restrictions that further significant institutional interests and provide alternative means of expression. The bill prohibits colleges from creating "free speech zones" or restricting expressive activities to specific areas. Institutions may charge security fees for events requiring permits, but these fees must be determined using neutral criteria like event size and location, not content. If a person's expressive rights are violated, they can sue the institution in state or federal court and potentially recover damages up to $100,000, with a minimum of $500 for an initial violation and $50 for each subsequent day the violation continues. The bill also specifies that lawful protests, counter-protests, and minor, brief disruptions are protected, and actions must be brought within one year of the violation occurring.

Committee Categories

Education

Sponsors (1)

Last Action

Scrivener's error corrected (on 01/17/2025)

bill text


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