HB 1487 - AS INTRODUCED
HOUSE BILL 1487
SPONSORS: Rep. Lucas, Sull. 2; Rep. Alexander Jr., Hills. 6; Sen. Birdsell, Dist 19; Sen. Gray, Dist 6; Sen. French, Dist 7
This bill prohibits public and private postsecondary educational institutions from disciplining students for engaging in speech, association, or other forms of expression or communication that would be constitutionally protected outside of the college campus.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
FREEDOM OF SPEECH AND ASSOCIATION
188-H:1 Postsecondary Educational Institutions; Freedom of Speech and Association.
I. No public or private postsecondary educational institution shall make or enforce any rule subjecting any student to disciplinary sanctions solely on the basis of conduct that is speech, association, expression, or other communication that, when engaged in outside the campus or facility of the postsecondary institution, is protected from governmental restriction by the First Amendment to the United States Constitution or Part I, Article 22 of the New Hampshire constitution.
II. Any student enrolled in a public or private postsecondary institution that has made or enforced any rule in violation of paragraph I may commence a civil action to obtain appropriate injunctive and declaratory relief, as determined by the court. Upon motion, a court may award attorney’s fees to a prevailing plaintiff in a civil action pursuant to this section.
III. This section shall not apply to any postsecondary educational institution that is controlled by a religious organization, to the extent that the application of this section would not be consistent with the religious tenets of the organization.
IV. Nothing in this section shall be construed to authorize any prior restraint of student speech.
V. Nothing in this section prohibits the imposition of discipline for harassment, threats, or intimidation, unless such conduct is constitutionally protected.
|Jan. 23, 2020||House||Hearing|
|Feb. 25, 2020||House||Exec Session|
|March 11, 2020||House||Floor Vote|
|Jan. 8, 2020||Introduced 01/08/2020 and referred to Education HJ 1 P. 24|
|Jan. 23, 2020||Public Hearing: 01/23/2020 10:30 am LOB 207|
|Feb. 25, 2020||Executive Session: 02/25/2020 10:00 am LOB 207|
|Majority Committee Report: Inexpedient to Legislate (Vote 12-7; RC)|
|March 11, 2020||Majority Committee Report: Inexpedient to Legislate for 03/11/2020 (Vote 12-7; RC) HC 10 P. 49|
|Minority Committee Report: Ought to Pass with Amendment # 2020-0829h|
|March 12, 2020||Inexpedient to Legislate: MA RC 203-121 03/12/2020 HJ 8 P. 45|