Rep. CROMER proposes the following Amendment No. to H.4025 as Passed By The House

(Doc Name h:\legwork\house\amend\h-wm\008\h2-campus free speech (may 2025).docx):

EXPLANATION: An amendment to add a proviso regarding restrictions on free speeach at institutions of higher education.

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 553, after line 23, by adding an appropriately numbered proviso to read:

/(GP: CAMPUS FREE SPEECH) NO PUBLIC INSTITUTIONS OF HIGHER EDUCATION SHALL ADOPT A POLICY THAT RESTRICTS SPEECH BY CREATING "FREE SPEECH ZONES" OR OTHER DESIGNATED AREAS OF CAMPUS OUTSIDE OF WHICH EXPRESSIVE ACTIVITIES ARE PROHIBITED. OUTDOOR AREAS OF CAMPUSES OF PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN THIS STATE SHALL BE DEEMED PUBLIC FORUMS FOR THE CAMPUS COMMUNITY. PUBLIC INSTITUTIONS OF HIGHER EDUCATION MAY MAINTAIN AND ENFORCE REASONABLE TIME, PLACE, AND MANNER RESTRICTIONS ONLY WHEN SUCH RESTRICTIONS ARE NARROWLY TAILORED IN SERVICE OF A SIGNIFICANT INSTITUTIONAL INTEREST, EMPLOY CLEAR, PUBLISHED, CONTENT- AND VIEWPOINT-NEUTRAL CRITERIA, AND PROVIDE FOR AMPLE ALTERNATIVE MEANS OF EXPRESSION. ANY SUCH RESTRICTIONS SHALL ALLOW FOR MEMBERS OF THE CAMPUS COMMUNITY TO SPONTANEOUSLY AND CONTEMPORANEOUSLY ASSEMBLE AND DISTRIBUTE LITERATURE. ANY PUBLIC INSTITUTION OF HIGHER EDUCATION THAT ADOPTS OR ENFORCES A POLICY IN VIOLATION OF THIS PROVISION SHALL BE SUBJECT TO A TEN PERCENT REDUCTION IN ITS STATE FUNDING, TO BE WITHHELD BY THE SOUTH CAROLINA COMMISSION ON HIGHER EDUCATION UNTIL THE INSTITUTION DEMONSTRATES COMPLIANCE BY REPEALING OR AMENDING THE POLICY TO ALIGN WITH THIS PROVISION. /

Renumber sections to conform.

Amend totals and titles to conform.