Archives
National
1998
- In a surprise move, the House Oversight Committee passed a bill to severely
limit the speech of the entire campus community, but a wave of grassroots activity
created the pressure needed to stop it from going any further. Spring 1998
2005 – Language urging an “Academic Bill of Restrictions” (ABOR) is inserted into the Higher Education Reauthorization Act, HR 609. Though the section of the Act on “student speech and association rights” does not mandate ABOR, it is nonetheless modeled on and meant to encourage implementing David Horowitz’s bill of restrictions. Fall 2005
Arizona
2006 –
Senate Bill 1331, the “alternative coursework” bill is defeated in a narrow
vote in the Arizona Senate. The bill
would have mandated that faculty offer alternative assignments to students that
were offended by the content of their coursework, and was seen as an attempt to
force faculty to self-censor controversial content from their classrooms.
California
1997
- In a recent victory for the campus forum, the University of California General
Counsel's office instructed system and campus administrators to disregard the
original ruling of Smith v Regents in light of Rosenberger v. University
of Virginia. Fall 1997
1999 - Court says student
government can lobby: A University of California policy prohibiting student
governments and the University of California Student Association (UCSA) from
lobbying has been overturned. Spring 1999
2000 - A proposal to restrict funding
for political and ideological activities has died in committee.
Senate Bill 829 would have required campuses in the California State University
system to “exclude mandatory student government fees as a source of funding
for political or ideological activities or organizations.” Spring
2000
2005 – After hearing from students and faculty across the state, the Senate Education Committee votes against SB 5, which would have imposed a version of the “Academic Bill of Restrictions” in California universities. Spring 2005.
Colorado
2000 - Despite heavy opposition
from free speech advocates, the Colorado legislature has imposed a new restriction
on student fees. Spring 2000
Florida
1998 - The introduction of a bill
by Senator Kirkpatrick in January raised concerns that members of the legislature
were trying to wrest power away from campuses for the fees that support campus
activities. Spring 1998
2005 – Legislation that would have mandated an “Academic Bill of Restrictions” in public colleges and universities fails to pass either house of the Florida Legislature. Spring 2005.
Hawaii
2006 – Legislation that would have established an “Academic Bill of Restrictions” is defeated at the end of the legislative session. Fall 2006.
Idaho
1998 - For the second year in a row,
legislation that would curb student group's work on ballot initiatives was passed
out of the Idaho House. Spring 1998
Indiana
2005 – Legislation that would have mandated an “Academic Bill of Restrictions” is introduced in the Indiana House of Representatives. The bill, HR 1531, fails. Spring 2005.
Kansas
1998
- Civic participation plays an important role in higher education institutions.
Students have complemented their classroom education with hands-on experience
addressing issues such as foreign policy, the environment, education funding,
and others. However, in Kansas much of this civic activity has been banned. Spring
1998
2006 – Kansas HCR 5035 is introduced, expressing the sense of the Kansas House of Representatives and Senate that colleges should adopt an “Academic Bill of Restrictions.” The resolution is defeated at the end of the legislative session. Fall 2006.
Kentucky
1998
- In the highly contentious Kincaid v. Gibson (1997) decision, a district judge
upheld the decision of Kentucky State University administrators to halt distribution
of yearbooks and remove the advisor of the campus newspaper. Spring 1998
2001 - In January 2001, the U.S. 6th
Circuit Court of Appeals reversed a lower court decision in Kincaid v. Gibson
that upheld the censorship of the Kentucky State University yearbook, The Thorobred.
The appeals court ruled that the University's confiscation of the yearbook violated
students' First Amendment right to free expression, reaffirming the powerful
constitutional protections of campus free speech.
Louisiana
2005 – Legislation similar to the “Academic Bill of Restrictions” is introduced in the Louisiana House of Representatives. The bill, HCR 25, fails. Spring 2005.
Maine
2005 – Legislation mandating an “Academic Bill of Restrictions” is defeated in the Maine Senate. Spring 2005.
Maryland
2005 – Legislators reject an attempt to pass an “Academic Bill of Restrictions” in Maryland. Spring 2005.
Massachusetts
2006 – Legislation requiring an “Academic Bill of Restrictions” is defeated in the House of Representatives. HB 1234 was originally introduced in 2005. Fall 2006.
Minnesota
1997 - Inspired by legal attacks on campus
fees in Wisconsin, a bill to dismantle the current system of funding student
activities was introduced into the Minnesota State legislature in April. Fall
1997
1998 - Supported by the Minnesota
Family Council, a conservative religious lobby group, five students at the University
of Minnesota filed suit against the Board of Regents in February. Their case
claims that the funding for the University Young Women, the Queer Student Cultural
Center, and La Raza Student Cultural Center is unconstitutional. Spring 1998
2001 - Supported by the Minnesota
Family Council, a conservative religious lobby group, five students at the University
of Minnesota filed suit against the Board of Regents in February of 1998 claiming
that the funding system at the university was unconstitutional. In a victory
for student free speech, the Eighth Circuit Court of Appeals dismissed the lawsuit
against the university citing as precedent the unanimous U.S. Supreme Court
victory in Southworth vs. the University of Wisconsin. Spring 2001
2006 – Legislation requiring a version of the “Academic Bill of Restrictions” is defeated at the end of the legislative session. SB 1988 and HB 2164 were introduced in 2005 but failed to pass either year. Fall 2006.
New
Jersey
1998 - The legislature is considering
new restrictions on campus speech. Spring 1998
New
York
1999 - Within a 2-week time period,
multiple state bills were introduced that could turn campus debate on its head. Spring
1999
2001 - A bill designed to nix the
use of mandatory student activities fees at New York's public universities and
colleges is currently pending in the state legislature. Spring 2001
2005 – Both the State University of New York (SUNY) Board of Regents and the
legislature reject attempts to institute an “Academic Bill of
Restrictions.”
North Carolina
2005 – Senate Bill 1139, which would have required each institution of the University of North Carolina to adopt an “Academic Bill of Rights” is defeated. Spring 2005.
Ohio
1998 - A lawsuit has been filed in
the name of religious freedom as part of an ongoing effort to limit debate on
college campuses. Fall 1998
2001 - A lawsuit filed as part of an ongoing effort to limit debate
on college campuses is pending in the Southern District Court of Ohio. Spring
2001
2005 – Legislation is introduced (SB 24) to require colleges and
universities to adopt an “Academic Bill of Restrictions.” The bill is withdrawn after the
Inter-University Council agrees to a far less restrictive set of principles.
Oregon
1999 - What do the Governor of Oregon
and the lead singer of the rock band Everclear have in common? Both John Kitzhaber
and Art Alexzakis have signed a letter of support being circulated by Oregon
students. Spring 1999
1999 - On February 23rd, the 9th Circuit
Court of Appeals upheld the University of Oregon's use of mandatory student
fees. Both courts found that the mandatory student activity fee creates a marketplace
of ideas that enhances the educational mission of the University, while rejecting
the claim that such funding violates the first amendment rights of dissenting
students. Spring 1999
1999 - The 9th Circuit Court of Appeals
has added yet another strong precedent in support of campus speech. The court's
opinion in Hollingsworth v Lane Community College, issued on March 24th, upholds
a 1997 District Court ruling that supports the marketplace of ideas created
by student fees. Spring 1999
2001 - In a victory for campus free
speech, the U.S. Supreme Court declined to hear an appeal of Hollingsworth
vs. Lane Community College, letting stand the decision that, among other
things, held that the use of referendum on campus is constitutional. Spring
2001
Pennsylvania
2005 – The Pennsylvania House votes in favor of HR 177, establishing a Select Committee on Academic Freedom in Higher Education. The Committee is charged with examining the academic atmosphere and the degree to which faculty have the opportunity to instruct and students have the opportunity to learn in an environment conducive to the pursuit of knowledge and truth at State-related and State-owned colleges and universities and community colleges in the Commonwealth. Many see the Committee’s investigation as an attempt to eventually pass an “Academic Bill of Restrictions. Spring 2005.
2006 – The Pennsylvania House Select Committee on Academic Freedom in Higher Education votes unanimously for a final report and recommendations that find no problem to be addressed in higher education and recommend against legislation or other measures that would restrict what students are able to learn in college classrooms. Fall 2006.
Rhode Island
2005 – Legislation that would have required an “Academic Bill of Rights” is defeated in the Senate. Spring 2005.
South Dakota
2006 - House Bill 1222 is defeated in the Senate. The bill, known as the “intellectual diversity” bill, would have mandated restrictions similar to those in the “Academic Bill of Restrictions.” Spring 2006.
Washington
2006 – House Bill 1991, creating an “Academic Bill of Restrictions” is introduced in 2005 but proponents are unable to amass enough support to pass it. The bill is defeated with the end of the legislative session. Fall 2006.
Wisconsin
1997 - The introduction of a bill to
prevent Universities from collecting mandatory fees to fund certain student
organizations and activities has drawn harsh criticism from many quarters on
campus. Fall 1997
2001
- On March 15, 2001, District Court Judge John Shabaz, the judge whose decision
against student fees was reversed last year by a unanimous Supreme Court decision,
ruled that the University of Wisconsin's mandatory fee allocation system violated
the principle of viewpoint neutrality and was therefore unconstitutional. The
University of Wisconsin system filed an appeal of this decision on April 16th.
Spring 2001
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