HOUSE OF REPRESENTATIVES

H.B. NO.

1227

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to free speech.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The legislature finds that the protection of the right to free speech, which is guaranteed by the First Amendment to the United States Constitution, within the university of Hawaii system is a matter of statewide concern.

Accordingly, the purpose of this Act is to require:

(1) The university of Hawaii to establish a free speech policy for implementation on each campus throughout the university of Hawaii system;

(2) The policies to include a process for students to report alleged violations of free speech rights;

(3) The policies to be disseminated to any person who is responsible for the discipline or education of enrolled students, and be included in each campus's student handbook, student orientation program, and website; and

(4) The university of Hawaii to submit a report to the legislature summarizing the complaints, if any, filed against each campus alleging violation of First Amendment rights.

SECTION 2. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"304A- Campus free speech; policies; reports. (a) Each campus of the University of Hawaii shall:

(1) Establish a policy regarding free speech that is protected by the First Amendment to the United States Constitution; provided that the policy shall include a process for a student to report alleged violations of this right;

(2) Develop materials on the policies and ensure that the materials are distributed to any person who is responsible for the discipline or education of enrolled students;

(3) Include the policies and materials in the campus's student handbook and student orientation program; and

(4) Publish on its website the policies and materials required by this subsection in a searchable, publicly accessible, and conspicuous manner.

(b) No later than twenty days prior to the convening of each regular session, the University of Hawaii shall submit a report to the legislature and the governor that includes:

(1) A summary by campus of all complaints alleging a violation of a person's right to free speech under the First Amendment of the United States Constitution that were filed against the university or an employee of the university acting in the employee's official capacity; and

(2) A summary by campus of all lawsuits initiated against the university, or an employee of the university acting in the employee's official capacity, alleging a violation of a person's right to free speech under the First Amendment of the United States Constitution."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

UH; First Amendment; Free Speech; Policies; Complaints; Reports

 

Description:

Requires each campus of the University of Hawaii to establish a free speech policy that includes a process for students to report alleged violations of free speech rights. Requires the policy to be disseminated to certain employees and be included in the campus's student handbook, student orientation program, and website. Requires annual report summarizing any complaints alleging violation of free speech rights.

 

 

 

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