The Senate Judiciary Committee heard HB 1190 on free speech at state educational institutions sponsored by Sens. Buchanan and Raatz. The author, Rep. Jordan, introduced the bill which:
- provides that a state educational institution may not: (1) designate an outdoor area on campus as an area where protected expressive activities are prohibited; (2) deny any benefit or privilege to, or discriminate against, a religious, political, or ideological student organization for its protected expressive activity; and (3) deny a benefit to or discriminate against a religious, political, or ideological student organization based on the protected expressive activity or a requirement of the student organization
- allows a state educational institution to enforce reasonable time, place, and manner restrictions that comply with certain requirements
- requires a state educational institution to create and publish protected expressive activity policies
- provides that a student or student organization may bring a cause of action for a violation of free speech rights
- allows a court to award injunctive relief, compensatory damages, reasonable court costs, and attorney’s fees to an aggrieved student or student organization if the court finds that a violation occurred
- provides that a state educational institution is not immune from certain liability.
- requires the commission for higher education to create a form for a state educational institution to submit information on an alleged violation of this chapt
The bill was amended by consent to cap damages at $50,000.
The Indiana Attorney General’s Office, Indiana University, Ball State University, Purdue University, Indiana State University, University of Southern Indiana, Ivy Tech Community College, Vincennes University, and Alliance Defending Freedom testified in support of the bill. The amended bill passed 11-0.
Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1190