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



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Nathan Brown

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