Revision: Dec. 3, 2019, 10:24 a.m.
HB 1487 - AS INTRODUCED
2020 SESSION
20-2651
05/04
HOUSE BILL 1487
AN ACT relative to freedom of speech and association on college campuses.
SPONSORS: Rep. Lucas, Sull. 2; Rep. Alexander Jr., Hills. 6; Sen. Birdsell, Dist 19; Sen. Gray, Dist 6; Sen. French, Dist 7
COMMITTEE: Education
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ANALYSIS
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2651
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to freedom of speech and association on college campuses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Freedom of Speech and Association. Amend RSA by inserting after chapter 188-G the following new chapter:
CHAPTER 188-H
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.
2 Effective Date. This act shall take effect January 1, 2021.