May 2, 2017, Introduced by Senators COLBECK, JONES, NOFS, PAVLOV, BRANDENBURG, GREEN, HANSEN, EMMONS, HUNE and SCHUITMAKER and referred to the Committee on Judiciary.



     A bill to protect the right of free speech and assembly on the


campuses of public universities and community and junior colleges;


to provide for enforcement of that right; and to provide remedies.




     Sec. 1. This act shall be known and may be cited as the


"campus free speech act".


     Sec. 2. As used in this act:


     (a) "Expressive conduct" includes, but is not limited to, all


peaceful forms of assembly, protest, speech, distributing


literature, carrying signs, and circulating petitions.


     (b) "Public institution of higher education" means a public


community or junior college established under section 7 of article


VIII of the state constitution of 1963 or part 25 of the revised


school code, 1976 PA 451, MCL 380.1601 to 380.1607, or a state


university described in section 4, 5, or 6 of article VIII of the


state constitution of 1963.


     Sec. 3. A public institution of higher education may restrict


expressive conduct in the public areas of its campuses only if it


demonstrates that the restriction meets all of the following:


     (a) Is necessary to achieve a compelling governmental




     (b) Is the least restrictive means of furthering that


compelling governmental interest.


     (c) Leaves open ample alternative opportunities to engage in


the expressive conduct.


     (d) Allows for spontaneous assembly and distribution of




     Sec. 4. An individual aggrieved by a violation of this act,


the attorney general, or both may bring an action in a court of


competent jurisdiction to obtain the following remedies:


     (a) In all cases, reasonable court costs and attorney fees.


     (b) In all cases, injunctive relief as appropriate.


     (c) In a case brought by or on behalf of an individual


aggrieved by a violation of this act, that individual's actual


damages or $1,000.00, whichever is greater.


     Sec. 5. An action brought under section 4 shall be commenced


not later than 1 year after the day that the cause of action


accrued. For purposes of calculating this 1-year limitation period,


a cause of action accrues each day that a violation of this act


persists or a policy in violation of this act remains in effect.