S 824 Session 112 (1997-1998)
S 0824 General Bill, By Fair
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
59-101-400 SO AS TO ENACT THE ANTI-DISCRIMINATION RELIGION ACT OF 1997, TO
ALLOW A PUBLIC EMPLOYEE OF AN INSTITUTION OF HIGHER LEARNING TO EXERCISE HIS
FREE SPEECH RIGHTS WITHOUT FEAR OF RECRIMINATION.
06/05/97 Senate Introduced and read first time SJ-9
06/05/97 Senate Referred to Committee on Education SJ-9
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 59-101-400 SO AS TO ENACT THE
ANTI-DISCRIMINATION RELIGION ACT OF 1997, TO ALLOW
A PUBLIC EMPLOYEE OF AN INSTITUTION OF HIGHER
LEARNING TO EXERCISE HIS FREE SPEECH RIGHTS
WITHOUT FEAR OF RECRIMINATION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 59-101-400. (A) This section may be cited as the
'Anti-Discrimination Religion Act of 1997'.
(B) Professors, associate professors, counselors, administrators,
athletic coaches, and all other employees of our state's institutions of
higher learning may not be restricted from exercising their First
Amendment rights. A public employee of a university or of the state
or of any of the state's subdivisions may exercise their free speech
rights without fear of recrimination.
(C) Students or subordinate employees may report allegations of
discrimination directly to law enforcement authorities or to the
highest governing authority of that institution of higher learning.
(D) Recognition must be given to the fact that every utterance from
a person's mouth cannot be considered appropriate for that time and
place and that some utterances are actually against the law.
Inappropriate speech is defined as that speech that interferes with the
discharge of the employee's duties.
(E) Those words spoken to another that can be construed by the
other to be an encouragement to violate one or more statutes of this
State is not an exercise of the First Amendment and can be
considered as aiding and abetting a person to commit a crime and as
such may be punishable by law. Students or subordinate employees
may report allegations of aiding or abetting directly to law
enforcement authorities or to the highest governing authority of that
institution of higher learning.
(F) Employees may appeal a censure or other reprobation whether
official or unofficial to that employee's highest governing authority
and the appeal may be made directly to the highest authority. An
institution of higher learning's governing authority may not dismiss
an allegation of wrongdoing but must report the injurious conduct to
the law enforcement jurisdiction within which the institution of
higher learning resides. This may include a municipal government,
a county government, or the State Law Enforcement Division.
(G) Athletic fields and locker rooms are included as places where
free speech and equal treatment must apply."
SECTION 2. This act takes effect upon approval by the Governor.
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