SB 17-062

Senate Bill 17-062, also known as the "Student Free Speech Public Higher Education Campuses" bill, ensures that public colleges and universities in Colorado cannot restrict students' right to express themselves freely. This includes activities like protests, distributing materials, and holding signs, but excludes commercial speech. The law prohibits schools from creating designated free speech zones or imposing unreasonable time, place, and manner restrictions on student expression. It also allows students who face unfair restrictions to sue for court costs and legal fees. Since the bill has been signed into law, it is now enforceable and protects all current and future students at public higher education institutions in Colorado.

Official Summary

The bill prohibits public institutions of higher education (public institution) from limiting or restricting student expression in a student forum. 'Expression' is defined to mean any lawful verbal or written means by which individuals communicate ideas to one another, including all forms of peaceful assembly, protests, speaking verbally, holding signs, circulating petitions, and disstributing written materials. 'Expression' also includes voter registration activities but does not include speech that is primarily for a commercial purpose. A public institution shall not subject a student to disciplinary action as a result of his or her expression. A public institution shall not designate any area on campus as a free speech zone or otherwise create policies that imply that its students' expressive activities are restricted to a particular area of campus. Additionally, a public institution shall not impose restrictions on the time, place, and manner of student speech unless such restrictions are reasonable, justified without reference to the speech's content, are narrowly tailored to serve a significant government interest, and leave open ample alternative channels for communication of the information or message. The bill states that it does not grant other members of the college or university community the right to disrupt previously scheduled or reserved activities in a portion or section of the student forum at that scheduled time. Additionally, the bill clarifies that it is not to be interpreted as preventing the public institution from prohibiting, limiting, or restricting expression that is not protected under the 1st Amendment. A student who has been denied access to a student forum for expressive purposes may bring a court action to recover reasonable court costs and attorney fees. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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