SB403,3,2322 (f) The legislature has determined that it is a matter of statewide concern that
23all institutions officially recognize freedom of speech as a fundamental right.
SB403,3,24 24(2) Short title. This section shall be known as the “Campus Free Speech Act.”
SB403,3,25 25(3) Definitions. In this section:
SB403,4,1
1(a) “Institution” means a college campus or university.
SB403,4,82 (b) “Peer-on-peer harassment” means conduct directed by one student
3towards another individual student, on the basis of that other student's race, color,
4creed, religion, political views, sex, national origin, disability, ancestry, age, sexual
5orientation, gender identity, pregnancy, marital status, parental status, or military
6status, that is so severe, pervasive, and objectively offensive that it effectively
7deprives the victim of access to the educational opportunities or benefits provided by
8an institution.
SB403,4,139 (c) “Quid pro quo sexual harassment” means explicitly or implicitly
10conditioning a student's participation in an education program or activity or basing
11an educational decision on the student's submission to unwelcome sexual advances,
12requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual
13nature.
SB403,4,1914 (d) “True threat” means a statement that a speaker would reasonably foresee
15that a listener would reasonably interpret as a serious expression of a purpose to
16inflict harm, as distinguished from hyperbole, jest, innocuous talk, expressions of
17political views, or other speech that is similarly protected under the First
18Amendment of the U.S. Constitution, regardless of whether the speaker has the
19ability to carry out the threat.
SB403,4,23 20(4) Free expression policy. (a) Statements. No later than 120 days after the
21effective date of this paragraph .... [LRB inserts date], the Board of Regents shall
22develop and adopt a policy on free expression that contains statements of at least all
23the following:
SB403,5,324 1. That the primary function of an institution is the discovery, improvement,
25transmission, and dissemination of knowledge by means of research, teaching,

1discussion, and debate. This statement shall provide that, to fulfill this function, an
2institution must strive to ensure the fullest degree of intellectual freedom and free
3expression.
SB403,5,64 2. That it is not the proper role of an institution to shield individuals from
5speech protected by the First Amendment of the U.S. Constitution, including ideas
6and opinions they find unwelcome, disagreeable, or even deeply offensive.
SB403,5,167 3. That students and faculty have the freedom to discuss any problem that
8presents itself, as the First Amendment of the U.S. Constitution permits and within
9the limits of reasonable viewpoint-neutral and content-neutral restrictions on time,
10place, and manner of expression that are consistent with this section and that are
11necessary to achieve a significant institutional interest, provided that these
12restrictions are clear, published, and provide ample alternative means of expression.
13Students and faculty shall be permitted to assemble and engage in spontaneous
14expressive activity as long as such activity is not unlawful and does not materially
15and substantially disrupt the functioning of an institution, subject to the
16requirements of this section.
SB403,5,2117 4. That any person lawfully present on campus may protest or demonstrate
18there. This statement shall make clear that protests and demonstrations that
19interfere with the rights of others to engage in or listen to expressive activity shall
20not be permitted and shall be subject to sanction. This statement shall not prohibit
21professors or other instructors from maintaining order in the classroom.
SB403,5,2322 5. That the campuses of the institution are open to any speaker whom students,
23student groups, or members of the faculty have invited.
SB403,5,2524 6. That the public areas of institutions are public forums and open on the same
25terms to any speaker.
SB403,6,4
17. That each institution shall strive to remain neutral, as an institution, on the
2public policy controversies of the day, and may not take action, as an institution, on
3the public policy controversies of the day in such a way as to require students or
4faculty to publicly express a given view of social policy.
SB403,6,65 (b) Discipline. The policy required under par. (a) shall satisfy all of the
6following:
SB403,6,97 1. Include a range of disciplinary sanctions for anyone under the jurisdiction
8of the institution who engages in violent or other disorderly conduct that materially
9and substantially disrupts the free expression of others.
SB403,6,1210 2. Provide that in all disciplinary cases involving expressive conduct, students
11are entitled to a disciplinary hearing under published procedures, including, at least
12all of the following:
SB403,6,1313 a. The right to receive advanced written notice of the charges.
SB403,6,1414 b. The right to review the evidence in support of the charges.
SB403,6,1515 c. The right to confront witnesses against them.
SB403,6,1616 d. The right to present a defense.
SB403,6,1717 e. The right to call witnesses.
SB403,6,1818 f. A decision by an impartial arbiter or panel.
SB403,6,1919 g. The right of appeal.
SB403,6,2020 h. The right to active assistance of counsel.
SB403,6,2221 3. Require informing a student that he or she has the option to record his or her
22disciplinary hearing under subd. 2.
SB403,6,2423 4. Require a formal investigation and disciplinary hearing the 2nd time a
24student is alleged to have interfered with the expressive rights of others.
SB403,7,3
15. Require suspension for a minimum of one semester of any student who has
2twice been found responsible for interfering with the expressive rights of others at
3any time during the student's enrollment.