S 1158 General Bill, By M.T. Rose
 A Bill to amend Chapter 1, Title 59, Code of Laws of South Carolina, 1976,
 relating to education, by adding Article 9 so as to prohibit public schools
 and private schools from subjecting students to disciplinary sanctions for
 certain free speech conduct.

   01/15/92  Senate Introduced and read first time SJ-165
   01/15/92  Senate Referred to Committee on Education SJ-165

A BILL

TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING ARTICLE 9 SO AS TO PROHIBIT PUBLIC SCHOOLS AND PRIVATE SCHOOLS FROM SUBJECTING STUDENTS TO DISCIPLINARY SANCTIONS FOR CERTAIN FREE SPEECH CONDUCT.

Whereas, the General Assembly finds that free speech rights both on and off an educational campus are subject to reasonable time, place, and manner regulations; and

Whereas, students should not be deprived of their constitutional rights to freedom of speech or expression at an educational institution; and

Whereas, students should express their opinions, even on controversial subjects, if they do not materially or substantially interfere with the requirements of appropriate discipline in the operation of the educational institution; and

Whereas, it is the intent of the General Assembly that a student have the same right to free speech on campus as enjoyed off campus. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 1, Title 59 of the 1976 Code is amended by adding:

"Article 9

Section 59-1-610. (A) Public schools, as defined in Section 59-1-120, and private schools, as defined in Section 59-1-110, shall not make or enforce any rule subjecting any student to disciplinary sanctions solely on the basis of conduct that is speech or other communication that, when engaged in outside the campus or facility, is protected from governmental restriction by the First Amendment to the United States Constitution or Section 2 of Article 1 of the South Carolina Constitution.

(B) Any student or pupil enrolled in a school or institution that has made or enforced any rule in violation of subsection (A) may commence a civil action to obtain appropriate injunctive and declaratory relief as determined by the court. Upon motion, a court may award attorney's fees to a prevailing plaintiff in a civil action pursuant to this section.

(C) This section does not apply to any private postsecondary educational institution that is controlled by a religious organization to the extent that the application of this section would not be consistent with the religious tenets of the organization.

(D) Nothing in this section shall be construed to authorize any prior restraint of student speech.

(E) Nothing in this section prohibits the imposition of discipline for harassment, threats, or intimidation, unless constitutionally protected."

SECTION 2. This act takes effect upon approval by the Governor.