SENATE BILL 17-062 BY SENATOR(S) Neville T., Baumgardner, Cooke, Crowder, Grantham, Holbert,
Jahn, Lundberg, Marble, Priola, Scott, Sonnenberg, Tate, Gardner, Hill, Kefalas, Lambert, Martinez
Humenik, Smallwood; also REPRESENTATIVE(S) Humphrey and Bridges, Catlin, Everett, Leonard,
Lundeen, Neville P., Saine, Van Winkle, Williams D., Wilson, Arndt, Becker J., Beckman, Buck, Buckner,
Carver, Coleman, Covarrubias, Danielson, Esgar, Exum, Garnett, Ginal, Hamner, Hansen, Herod,
Hooton, Kennedy, Kraft-Tharp, Landgraf, Lawrence, Lebsock, Lee, Lewis, Liston, Lontine, McKean,
McLachlan, Melton, Michaelson Jenet, Mitsch Bush, Navarro, Nordberg, Pettersen, Rankin, Ransom,
Rosenthal, Singer, Weissman, Willett, Winter, Wist, Young, Duran. CONCERNING THE RIGHT TO
FREE SPEECH ON CAMPUSES OF PUBLIC INSTITUTIONS OF HIGHER EDUCATION. Be it
enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes,
add 23-5-144 as follows: 23-5-144. Students’ right to speak in a public forum - legislative declaration -
definitions - violations - court actions - free speech zones. (1) (a) THE FIRST AMENDMENT OF THE
UNITED STATES CONSTITUTION AND Capital letters indicate. New material added to existing
statutes; dashes through words indicate deletions from existing statutes and such material not part of
act. ARTICLE II, SECTION 10 OF THE COLORADO CONSTITUTION EACH PROTECT THE RIGHT
TO FREE SPEECH, INCLUDING THE SPEECH OF STUDENTS ENROLLED AT PUBLIC
INSTITUTIONS OF HIGHER EDUCATION. THE GENERAL ASSEMBLY DECLARES THAT IT IS A
MATTER OF STATEWIDE INTEREST TO PROTECT THE RIGHTS OF STUDENTS TO EXERCISE
THEIR FREEDOM OF SPEECH ON THE CAMPUSES OF PUBLIC INSTITUTIONS OF HIGHER
EDUCATION, WHILE RECOGNIZING THE RIGHT OF THOSE INSTITUTIONS OF HIGHER
EDUCATION TO ENACT REASONABLE TIME, PLACE, AND MANNER RESTRICTIONS THAT
PRESERVE THEIR ABILITY TO FULFILL THEIR EDUCATIONAL MISSIONS. AT THE SAME TIME,
THE GENERAL ASSEMBLY DECLARES THAT STUDENT EXPRESSION ON THE CAMPUSES OF
INSTITUTIONS OF HIGHER EDUCATION IS A VITAL COMPONENT OF THE EDUCATIONAL
ENVIRONMENT AT THESE INSTITUTIONS OF HIGHER EDUCATION AND THAT PROMOTING
THE FREE AND UNFETTERED EXCHANGE OF IDEAS IN THIS MARKETPLACE OF IDEAS IS
ONE WAY IN WHICH THESE INSTITUTIONS OF HIGHER EDUCATION FULFILL THEIR
EDUCATIONAL MISSIONS. (b) THEREFORE, IT IS THE INTENT OF THE GENERAL ASSEMBLY
THAT THE PROVISIONS OF SUBSECTIONS (2) TO (6) OF THIS SECTION BE CONFINED TO
AND APPLY ONLY TO STUDENT EXPRESSION IN A STUDENT FORUM AT AN INSTITUTION
OF HIGHER EDUCATION, AS DEFINED HEREIN. (2) AS USED IN THIS SECTION, UNLESS THE
CONTEXT OTHERWISE REQUIRES: (a) “EXPRESSION” MEANS ANY LAWFUL VERBAL OR
WRITTEN MEANS BY WHICH INDIVIDUALS MAY COMMUNICATE IDEAS TO ONE ANOTHER,
INCLUDING ALL FORMS OF PEACEFUL ASSEMBLY, PROTESTS, SPEAKING VERBALLY,
HOLDING SIGNS, CIRCULATING PETITIONS, AND DISTRIBUTING WRITTEN MATERIALS.
“EXPRESSION” INCLUDES VOTER REGISTRATION ACTIVITIES BUT DOES NOT INCLUDE
SPEECH THAT IS PRIMARILY FOR A COMMERCIAL PURPOSE, INCLUDING THE PROMOTION,
SALE, OR DISTRIBUTION OF ANY PRODUCT OR SERVICE. (b) “INSTITUTION OF HIGHER
EDUCATION” MEANS A PUBLIC POSTSECONDARY INSTITUTION. (c) “STUDENT” MEANS A
PERSON
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