October 23, 2023 - Introduced by Representatives Nedweski, Murphy, Allen, Behnke, Brandtjen, Dittrich, Edming, Goeben, Gundrum, Maxey, Moses, O’Connor, Penterman, Rettinger, Schraa and Tusler, cosponsored by Senators Cabral-Guevara and Tomczyk. Referred to Committee on Colleges and Universities.

AB553,,22An Act to amend 36.11 (6) (c) and 38.04 (7m); and to create 36.41, 36.42, 38.34, 38.35 and 39.285 (1) (c) of the statutes; relating to: free speech and academic freedom at University of Wisconsin System institutions and technical colleges, due process in disciplinary proceedings at University of Wisconsin System institutions and technical colleges, Wisconsin grant funding allocation, and causes of action against the Board of Regents of the University of Wisconsin System and technical college district boards.

This bill establishes certain standards related to free speech and academic freedom at University of Wisconsin System institutions and technical colleges. For violation of these standards, the Board of Regents of the UW System or technical college district board may be subject to a civil cause of action and must provide certain public notice of the violation.

The bill also establishes certain due process standards in disciplinary proceedings at UW System institutions and technical colleges. For violation of these standards, a UW institution or technical college may become ineligible for Wisconsin grant funding allocation.

Under the bill, a UW institution or technical college may not do any of the following: 1) restrict speech protected under the First Amendment, if the speaker’s conduct is not unlawful and does not materially and substantially disrupt the functioning of the UW institution or technical college; 2) maintain and enforce time, place, and manner restrictions on expressive activities on the publicly accessible, open outdoor areas of its campus and indoor areas that have been designated as public forums, except classrooms while they are in use for instructional purposes, unless those restrictions meet specified requirements; 3) designate any area of a campus a “free speech zone” or otherwise create policies restricting noncommercial expressive activities to a particular area of a campus; 4) subject to an exception, require a permit as a condition of being allowed to engage in expressive activities protected under the bill; 5) charge security fees, as part of a permit application, based on the content of expression or anticipated reaction; or 6) sanction individuals or groups for discriminatory harassment unless the speech targets its victim on the basis of a protected class under law, and is so severe, pervasive, and objectively offensive that it effectively bars a student from receiving equal access to educational opportunities or benefits. Under the bill, if a permit is required, the permitting process and any security fee must be content and viewpoint neutral.

The bill also specifies that all of an institution’s or technical college’s indoor areas that have been designated as public forums and publicly accessible outdoor areas, except classrooms while they are in use for instructional purposes, are governed by rules applicable to traditional public forums. The bill specifies that its provisions do not 1) enable individuals to engage in conduct that intentionally, materially, and substantially disrupts another’s expressive activity in a campus space reserved for that activity; or 2) limit the right of student expression at campus locations not specified in the bill.

The bill requires an institution or technical college to do all of the following: 1) conduct a survey biennially of students and employees on First Amendment rights, academic freedom, perceived political or other bias at the institution or technical college, and whether campus culture promotes self-censorship; 2) submit a report biennially to the legislature detailing the results of this survey; and 3) annually provide all students and employees with instruction in academic freedom, due process, and First Amendment protections.