This bill requires both the Board of Regents of the University of Wisconsin
System and the Technical College System Board each to adopt a policy on free
expression that applies at each UW institution and technical college and supersedes
and nullifies any prior policies or rules restricting free expression. The bill allows
each board to adopt the policy without promulgating rules and requires the policy to
be adopted no later than 120 days after the bill's effective date. The policy must
contain statements regarding the following: 1) that the primary function of a UW
institution or technical college is the discovery, improvement, transmission, and
dissemination of knowledge; 2) that it is not the proper role of a UW institution or
technical college to shield individuals from speech protected by the First Amendment
of the U.S. Constitution; 3) that students and faculty have the freedom to discuss any
problem as permitted by the First Amendment and within specified limits; 4) that
any person lawfully present on campus may protest or demonstrate, but may not
engage in conduct that materially and substantially disrupts another's expressive

activity in a campus space reserved for that activity under the exclusive control of
a particular group; 5) that campuses are open to invited speakers; 6) that public
areas are public forums and open on the same terms to any speaker; and 7) that UW
institutions and technical colleges may not take action on public policy controversies
in such a way that requires students or faculty to publicly express a given view of
social policy.

The policy must include a range of disciplinary sanctions for anyone under a
UW institution's or technical college's jurisdiction who engages in violent or other
disorderly conduct that materially and substantially disrupts the free expression of
others. In addition, the policy must provide that in disciplinary cases involving
expressive conduct, students are entitled to a disciplinary hearing under published
procedures that include specified rights. The policy must require a formal
investigation and disciplinary hearing the second time a student is alleged to have
interfered with the expressive rights of others. If a student is twice found responsible
for interfering with the expressive rights of others at any time during his or her
enrollment, the student must be suspended for a minimum of one semester. If a
student is found responsible for such interference a third time, the student must be
expelled.

The bill also requires the policy to allow any person to make a report that
another person has violated the policy. In addition, a formal investigation and
disciplinary hearing is required if two or more such reports are made regarding the
same person.

The bill provides that UW institutions and technical colleges may restrict
student expression only for expressive activity that is not protected by the First
Amendment, including state or federal law violations, defamation, specified types of
harassment and threats, certain invasions of privacy or confidentiality, and
violations of reasonable time, place, or manner restrictions on expressive activities.

The bill also requires the boards to make annual reports to the legislature and
governor that describe institutional neutrality, free expression barriers and
disruptions, and administrative handling and discipline relating to those barriers
and disruptions. Before a legislative standing committee can take any action
regarding a report, the bill requires the committee to hold a public hearing.

In addition, the bill does the following:

1. Allows a person whose expressive rights are violated by a violation of the
bill's requirements to bring an action to enjoin a violation and obtain reasonable
attorney fees and damages.

2. Allows a defendant who prevails in an action described above to recover
reasonable attorney fees if the action was frivolous or brought in bad faith.

3. Sets forth legislative findings regarding free expression at UW institutions
and technical colleges.

4. Requires the boards to provide notice to students upon adopting the policy
required under the bill.

5. Requires UW institutions and technical colleges to do the following: a)
describe free expression policies and procedures in freshman and transfer student
orientation programs; b) provide training on those policies and procedures to

employees upon hiring; and c) provide annual training on those policies and
procedures to instructors.