An Act To Enact the Campus Free Speech and Free Press Act
Maine Legislature, Session 130, LD 1640
Committee: Education and Cultural Affairs
Sponsors: KEIM, ANDREWS

Legislative Document
No. 1640
S.P. 524
In Senate, May 5, 2021
An Act To Enact the Campus Free Speech and Free Press Act
Received by the Secretary of the Senate on May 3, 2021.  Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator KEIM of Oxford.
Cosponsored by Representative: ANDREWS of Paris.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA c. 408 is enacted to read:
CHAPTER 408
CAMPUS FREE SPEECH AND FREE PRESS ACT
§10601.  Short title
This chapter may be known and cited as "the Campus Free Speech and Free Press Act."
§10602.  Free speech policy statement
1.  Free speech policy statement; required contents.  Each public institution of 
higher education shall adopt a free speech policy statement that contains, at a minimum:
A.  That the institution is committed to free and open inquiry in all matters and 
guarantees all members of the institution's community, including all the staff and 
students, the broadest possible latitude to speak, write, listen, challenge and learn;
B.  That the institution fully respects and supports the freedom of all members of the 
institution's community to discuss any problem that presents itself;
C.  That it is not the proper role of the institution to attempt to shield individuals from 
ideas and opinions they find unwelcome, disagreeable or even deeply offensive.  
Although the institution greatly values civility and although all members of the 
institution's community share the responsibility for maintaining a climate of mutual 
respect, concerns about civility and mutual respect can never be used as a justification 
for closing off discussion of ideas, however offensive or disagreeable those ideas may 
be to some members of the institution's community;
D.  That the institution's fundamental commitment is to the principle that debate and 
deliberation may not be suppressed because the ideas put forth are thought by some to 
be offensive, unwise, immoral or wrongheaded.  It is for the individual members of the 
institution's community, not for the institution, to make those judgments for themselves 
and to act on those judgments, not by seeking to suppress speech but by openly and 
vigorously contesting the ideas that they oppose.  Indeed, fostering the ability of 
members of the institution's community to engage in such debate and deliberation in 
an effective and responsible manner is an essential part of the institution's education 
mission; and
E.  That the institution expects members of the institution's community to act in 
conformity with the principle of free speech.  Although members of the institution's 
community are free to criticize and contest the views expressed on campus and to 
criticize and contest speakers who are invited to express their views on campus, they 
may not intentionally, materially and substantially disrupt another's freedom to express 
that person's views, even views they reject or loathe.  To this end, the institution has a 
solemn responsibility not only to promote a lively and fearless freedom of debate and 
deliberation but also to protect that freedom when others attempt to restrict it.
2.  Public institution of higher education defined.  As used in this chapter, unless the 
context otherwise indicates, "public institution of higher education" or "institution" means 
any campus of the Maine Community College System, any campus of the University of 
Maine System and the Maine Maritime Academy.
§10603.  Right to use campus for free speech activities
1.  Protected expressive activities.  Expressive activities protected under the 
provisions of this Act include, but are not limited to, all forms of peaceful assembly, 
protests, speeches, distribution of literature, carrying signs, circulating petitions and the 
lawful recording and publication, including Internet publication, of audio and video 
recorded in public outdoor areas of public institutions of higher education.
2. Traditional public forum; reasonable restrictions.  The publicly accessible 
outdoor areas of public institutions of higher education must be treated as traditional public 
fora.  In those areas, public institutions of higher education may maintain and enforce 
reasonable time, place and manner restrictions in service of a significant institutional 
interest only when such restrictions employ clear, published, content-neutral and 
viewpoint-neutral criteria and provide for ample alternative means of expression.  Any such 
restrictions must provide for opportunities for members of the institution's community to 
spontaneously and contemporaneously distribute literature and assemble.
3.  Noncommercial expressive activity; no "free speech zone."  Any person who 
wishes to engage in noncommercial expressive activity at a public institution of higher 
education must be permitted to do so freely, as long as the person's conduct is not unlawful, 
subject to the restrictions permitted under subsection 2.  A public institution of higher 
education may not designate any area of its campus as a "free speech zone" or otherwise 
create policies restricting expressive activities to particular areas of campus.
4.  Security fees.  A public institution of higher education may require a permit for any 
individual or group that wants to reserve a campus location and exercise exclusive control 
over that location during the time of the reservation.  A public institution of higher 
education may charge a security fee to a student organization or student group as part of an 
application for those activities that require a permit, but a public institution of higher 
education may not charge security fee to a student or student group based on the content of 
the expression of the student or student group, the content of the expression of an invited 
guest or the anticipated reaction to the student's, student group's or invited guest's 
expression.  Whether a permit is approved and whether the security fee is required and its 
amount may be determined only on the basis of content-neutral and viewpoint-neutral 
criteria.  Examples of content-neutral and viewpoint-neutral criteria include: the time of the 
event; the location of the event; the anticipated size of the invited audience; and whether 
alcohol will be served.  An institution charging security fees pursuant to this subsection 
shall publish the criteria it uses for assessing those fees, and it must provide a fee waiver 
process for individuals and organizations that lack an ability to pay.
5.  No right to disrupt.  Nothing in this Act grants students, faculty or staff of the 
institution the right to intentionally materially and substantially disrupt previously 
scheduled or reserved activities or to use physical force or violence against a person, 
physical obstruction or damage or destruction of property or the threat of physical force or 
violence against a person, of physical obstruction or of damage or destruction of property 
to interfere with another's freedom to express that person's views, even views they reject or 
loathe.
6.  Right of student expression.  Nothing in this Act may be interpreted as limiting 
the right of student expression in areas other than as specified in subsection 1.
§10604.  Campus free press protections
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "School-sponsored media" means any materials that are prepared, substantially 
written, published or broadcast, in any medium, by a student journalist at a public 
institution of higher education under the direction of a student media advisor and 
distributed or generally made available to members of the student body.  "School-
sponsored media" does not include media intended for distribution or transmission for 
classroom purposes only.
B.  "Student journalist" means a student at a public institution of higher education who 
gathers, compiles, writes, edits, photographs, records or prepares information for 
inclusion in school-sponsored media.
C.  "Student media advisor" means an individual employed, appointed or designated 
by a public institution of higher education to supervise or provide instruction relating 
to school-sponsored media.
2.  Freedom of speech and press in school-sponsored media.  Except as provided in 
paragraph A, a student journalist has the right to exercise freedom of speech and freedom 
of the press in school-sponsored media regardless of whether the medium is supported 
financially by the school or uses the facilities of the school or if the material is produced in 
conjunction with a course or class in which the student is enrolled.  Subject to paragraph 
A, a student journalist is responsible for determining the news, opinions, feature and 
advertising content of school-sponsored media.  Student media advisors may teach 
professional standards of English and journalism to student journalists, consistent with this 
subsection.
A.  This section does not authorize or protect expression by a student journalist that 
violates federal or state law.
B.  Material prepared for school-sponsored media may not be subject to prior restraint 
except insofar as the material violates the standards of paragraph A.  Institution 
officials have the burden of showing prior justification for any limitation of student 
journalist expression under this section and shall afford a student journalist a timely 
opportunity for appeal.
C.  A student journalist may not be disciplined for acting in accordance with this 
section.
D.  A student media advisor may not be dismissed, suspended, disciplined, reassigned, 
transferred or otherwise retaliated against for:
(1)  Refusing to infringe on conduct that is protected by this section or the First 
Amendment of the United States Constitution or Article I, Section 4 of the 
Constitution of Maine; or
(2)  Acting to protect a student journalist engaged in permissible conduct under 
this section or the First Amendment of the United States Constitution or Article I, 
Section 4 of the Constitution of Maine.
E.  Each public institution of higher education shall adopt a written policy for the 
exercise of the right of student journalists to freedom of speech and freedom of the 
press in school-sponsored media in accordance with this section.  The policy must 
include reasonable provisions for the time, place and manner of distribution of student 
expression consistent with section 10603.  The policy must include a provision 
allowing for the timely appeal within the institution of decisions made pursuant to this 
section.
F.  An expression made by a student journalist in the exercise of free speech or free 
press may not be deemed an expression of institution policy, and no institution official 
or institution may be held responsible in any civil or criminal action for any expression 
made or published by a student journalist.
G.  A student journalist or student media advisor may file a complaint against a public 
institution of higher education and its agents acting in their official capacities for 
injunctive or declaratory relief in the Superior Court to enforce the rights provided by 
this section.  This paragraph may not be construed to create a private right of action on 
behalf of a student journalist other than to seek injunctive relief allowing the 
publication of the student expression in question.  A court may award reasonable 
attorney's fees to a plaintiff that substantially prevails.
§10605.  Policy; training and education
1.  Responsibility for discipline and education.  Each public institution of higher 
education shall develop training materials, programs and procedures to ensure that those 
persons who have responsibility for discipline or education of students, including but not 
limited to administrators, campus police officers, residence life officials and professors, 
understand the policies, regulations and duties of public institutions of higher education 
regarding free expression on campus, academic freedom, freedom of the press and other 
constitutional rights applicable in the collegiate setting.
2.  Students.  Each public institution of higher education shall develop materials, 
programs and procedures to educate students on the policies, regulations and duties of 
public institutions of higher education regarding free expression on campus, academic 
freedom, freedom of the press and other constitutional rights applicable in the collegiate 
setting.
§10606.  Cause of action
1.  Plaintiffs.  The following persons may file a complaint in the Superior Court against 
a public institution of higher education and its agents acting in their official capacities to 
enjoin a violation of this Act and to recover compensatory damages, reasonable costs and 
attorney's fees:
A.  The Attorney General; and 
B.  Persons whose expressive rights were violated through the violation of this Act.
2.  Damages.  In an action brought under this section, if the court finds a violation of 
this Act, the court shall award the plaintiff not less than $500 for the initial violation plus 
$50 for each day the violation remains ongoing, which accrues starting on the day after the 
complaint is served on the public institution of higher education.  The total damages, 
excluding court costs and attorney's fees, available to a plaintiff or plaintiffs, in a case or 
cases stemming from a single controversy, may not exceed the actual damages incurred by 
the plaintiff or plaintiffs or $100,000 in total, whichever is greater.  When a violation harms 
multiple plaintiffs, the court shall divide the damages equitably among the plaintiffs until 
the maximum award, if available, is exhausted.
3.  One-year limitation period.  A person must bring suit for a violation of this Act 
no later than one year after the day the cause of action accrues.  For purposes of calculating 
the one-year limitation period, each day that the violation of this Act persists and each day 
that a policy in violation of this Act remains in effect constitutes a new violation of this Act 
and, therefore, a new day that the cause of action has accrued.
SUMMARY
This bill enacts the Campus Free Speech and Free Press Act, which applies to state 
public institutions of higher education, namely, the Maine Community College System, the 
University of Maine System and the Maine Maritime Academy.  It establishes the right to 
use the campus of these institutions for free speech activities and prohibits the limitation of 
expression to so-called free speech zones.  It also protects student journalists and their 
student media advisors, although it does not authorize or protect expression by a student 
journalist that violates federal or state law.  It creates a cause of action against a public 
institution of higher education and its agents, to be filed by the Attorney General or any 
aggrieved person, for injunctive relief as well as damages.