h_sa_2017a_2017-03-08t13:34:36z1 Hearing Summary

Date: 03/08/2017

Location: LSB A

07:58 PM -- SB17-062



The committee came back to order. Representative Humphrey and Representative Bridges, co-prime bill sponsors, presented Senate Bill 17-062. The bill prohibits an institution of higher education from limiting or restricting a student's verbal or written expression in a student forum based on the content of the expression or the reaction or opposition to the expression by observers. Institutions of higher education may not designate an area of campus as a free speech zone or implement any policy that restricts a student's expressive actions to a particular area. Subjecting a student to disciplinary action as a result of the expression also violates the prohibition.



Institutions of higher education may only restrict the time, place, and manner of student expression if the restrictions are:



• reasonable;

• justified without reference to the content of the restricted speech;

• serving a significant government interest; and

• leaving open alternative ways to communicate the information.



Any student who was denied access to a student forum for expressive purposes may file suit for relief up to one year after an alleged violation occurred. The court is to award reasonable court costs and attorney fees if it finds that a violation has occurred. The bill specifies that each day the violation occurs or each day a policy that violates SB 17-062 exists is considered a new violation.



The bill specifies that the prohibition does not prevent an institution of higher education from prohibiting, limiting, or restricting expression that is not protected by the First Amendment, nor does it allow members of an institution's community to disrupt previously scheduled activities in a student forum. In addition, the bill defines expression and student forum.



08:06 PM -- Patrick O'Rourke, University of Colorado, testified in support of the bill. Mr. O'Rourke answered questions from the committee.





08:24 PM



Representative Bridges and Mr. O'Rourke answered questions from the committee.



08:46 PM -- Baden Dense, representing himself, testified on the bill in the neutral capacity.



08:49 PM -- Catherine Marin, representing herself, testified on the bill in a neutral capacity.



08:53 PM -- Addison Urban, representing himself, testified in opposition to the bill.





08:57 PM



Ms. Marin answered a question from the committee.



08:58 PM -- Tyson Langhofer, Alliance Defending Freedom, testified in support of the bill. Mr. Langhofer answered questions from the committee.



09:04 PM -- Juan Caro, representing himself, testified in support of the bill. Mr. Caro answered questions from the committee.





09:18 PM



Representative Bridges made comments to the committee.



09:19 PM -- Theresa Sidebotham, Christian Legal Society, testified in support of the bill. She provided a handout to the committee (Attachment P). Ms. Sidebotham answered questions from the committee.



17HouseState0308AttachP.pdf



09:25 PM -- Brad Bergford, Commission for the Protection of Constitutional Rights, testified in support of the bill. Mr. Bergford answered questions from the committee.



09:31 PM -- Greg Romberg, Colorado Press Association, testified in support of the bill.



09:33 PM -- Joe Cohn, Foundation for Individual Rights in Education, testified in support of the bill. Mr. Cohn answered questions from the committee.



09:44 PM -- Denise Maes, ACLU of Colorado, testified in support of the bill. Ms. Maes answered questions from the committee.



09:58 PM -- Joel Watson, representing himself, testified in support of the bill.



10:02 PM -- Marcus Fotenos, University of Colorado Student Government, testified in support of the bill. He provided a handout to the committee (Attachment Q). Mr. Fotenos answered questions from the committee.



17HouseState0308AttachQ.pdf



10:13 PM



Representative Weissman explained amendment L.011 (Attachment R). Representative Bridges commented on amendment L.011.



17HouseState0308AttachR.pdf

10:14 PM



Representative Weissman discussed amendment L.012 (Attachment S).



17HouseState0308AttachS.pdf



10:15 PM



Representative Foote explained amendment L.013 (Attachment T). Representative Bridges commented on amendment L.013.



17HouseState0308AttachT.pdf

10:16 PM



The committee recessed.





10:22 PM



The committee came back to order. Representative Weissman explained amendment L.014 (Attachment U). Representative Bridges commented on amendment L.014.



17HouseState0308AttachU.pdf

10:24 PM



Representative Weissman explained amendment L.012. Representative Humphrey commented on amendment L.012.

10:25 PM



Representative Bridges and Representative Humphrey made concluding remarks about the bill. Committee members commented on the bill.

10:32 PM



The committee adjourned.