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Legislative Update

Free speech at state educational institutions

March 25, 2022 Filed Under: Civil

H.E.A. 1190, P.L.145

Effective: July 1, 2022

  • 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.
  •  Allows a court to award compensatory damages up to $50,000.
  • 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 chapter.

Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1190

Filed Under: Civil Tagged With: cause of action, First Amendment

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