Free Speech at University – NOT SO FAST!
HB132 (K Coleman) Higher Education Student Speech Rights
https://le.utah.gov/~2020/bills/static/HB0132.html
1st amendment of the Constitution: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
• Do a quick Google Search for “Free Speech on College Campus” – over 120,000 results.
- Tax payer funded university cannot restrict speech that is no discriminatory harassment.
- Watch here: https://le.utah.gov/av/floorArchive.jsp?day=31&chamber=H&sessionID=2020GS
- Davis vs Monroe Supreme Court Decision (1999): https://www.law.cornell.edu/supct/html/97-843.ZO.html and the review has ended, or will be finalized in the next couple months.
Lines 88-90: Plaintiff receives one-way attorney fees. (Univ. NOT in violation, would not get $)
Lines 91-94: Lines waive immunity to University, per consistency with other caser law (per Coleman)
“A good idea does not make for good legislation” – Not addressing all the issues, or timing?
- Trying to get State to match Federal. Government is funding the risk.
New Bills:
HB443 – Prohibition on Age Based Testing for Physicians – K Stratton
SB210 – Body Camera Amendments – D McKay
66 (d) during a conversation with a victim of a sexual offense, as described in Title 76,
67 Chapter 5, Part 4, Sexual Offenses, or domestic violence, as defined in Section 77-36-1, if:
68 (i) the officer is conducting an evidence-based lethality assessment;
69 (ii) the victim or the officer believes that deactivating the body-worn camera recording:
70 (A) will encourage complete and accurate information sharing by the victim; or
71 (B) is necessary to protect the safety or identity of the victim; and
72 (iii) the officer's body-worn camera is reactivated as soon as reasonably possible after
73 the evidence-based lethality assessment is complete.
Bills in Committee Tomorrow - https://le.utah.gov/meetings/upcoming.jsp
H.B. 340 Rampage Violence Prevention Study
S.C.R. 9 Concurrent Resolution Addressing Olympics
We heard 37 Bills in the House today. 10 opposed, 5 with over 10 votes in opposition
HB299 – Opportunity Zone Enhancements (15 oppose), Charging Zone, Affordable Housing, Parking
HB132 – Higher Education Student Speech Rights (31 opposed)
HB294 – Mining Operations Amendments (16 oppose) Sand and gravel pit, “lava rock” on top is not bedrock, limited to 50 acres.
HB240 – Drivers License Revisions (22 oppose) – Sticker on DL for handicapped.
- 21 NEW numbered bills
- 0 NEW requested bills – Seems like this is broken, and reporting not working correctly.
Total Bill Count
- House 443
- Senate 211
- House Concurrent Resolutions (HCR) 23
- House Joint Resolution (HJR) 21
- House Resolutions (HR) 3
- Senate Concurrent Resolutions (SCR) 11
- Senate Joint Resolutions (SJR) 12
- Senate Resolutions (SR) 1
Total Bill Count Total Passed in 2019 – 574 – 297 in last 3 days!
- House Total in 2019 – 497
- Senate Total in 2019 – 270
- House Concurrent Resolutions (HCR) Total in 2019 – 20
- House Joint Resolution (HJR) Total in 2019 – 28
- Senate Concurrent Resolutions (SCR) Total in 2019 – 14
- Senate Joint Resolutions (SJR) Total in 2019 – 11
- Senate Resolutions (SR) Total in 2019 – 1