§ 6-60-1001. Title
This subchapter shall be known and may be cited as the “Forming Open and Robust University Minds (FORUM) Act”.
§ 6-60-1002. Legislative intent
The General Assembly finds that: (1) The First Amendment of the United States Constitution and the Arkansas Constitution protect the rights of free speech, freedom of the press, freedom of religion, and freedom of association for all citizens; (2) The United States Supreme Court has called public universities “peculiarly the marketplace of ideas”, Healy v. […]
§ 6-60-1003. Definitions
As used in this subchapter: (1) “Benefit” means the following: (A) Recognition; (B) Registration; (C) The use of facilities of a state-supported institution of higher education for meetings or speaking purposes; (D) The use of channels of communication; and (E) Funding sources that are available to student organizations at the state-supported institution of higher education; […]
§ 6-60-1004. Protected expressive activities
Expressive activities protected under this subchapter consist of speech and other conduct protected by the First Amendment to the United States Constitution, including without limitation: (1) Communicating through any lawful verbal, written, or electronic means; (2) Participating in peaceful assembly; (3) Protesting; (4) Making speeches, including without limitation those of guest speakers; (5) Distributing literature; […]
§ 6-60-1005. Public forums
(a) An outdoor area of campus of a state-supported institution of higher education shall be deemed a public forum for members of the campus community. (b) State-supported institutions of higher education: (1) Shall not create free-speech zones or other designated outdoor areas of campus outside of which expressive activities are prohibited; and (2) (A) May […]
§ 6-60-1006. Freedom of association — Nondiscrimination against students and student organizations
A state-supported institution of higher education shall not deny a student organization any benefit or privilege available to any other student organization or otherwise discriminate against an organization based on the expression of the organization, including any requirement that the leaders or members of an organization: (1) Affirm and adhere to the organization’s sincerely held […]
§ 6-60-1007. Free expression policies
State-supported institutions of higher education shall: (1) Make public in their handbooks, on their websites, and through their orientation programs for students the policies, regulations, and expectations of students regarding free expression on campus consistent with this subchapter; and (2) Develop materials, programs, and procedures to ensure that those persons who have responsibility for discipline […]
§ 6-60-1008. Accountability to the public
Each state-supported institution of higher education shall submit to the Governor and Legislative Council a report that details: (1) The course of action implemented to ensure compliance with the requirements of this subchapter by ninety (90) days after July 24, 2019; and (2) Any changes or updates to the chosen course of action within thirty […]
§ 6-60-1009. Remedies
(a) A person or student organization aggrieved by a violation of this subchapter may: (1) Bring an action against the state-supported institution of higher education and any other persons responsible for the violation and seek appropriate relief, including without limitation: (A) Injunctive relief; (B) Reasonable attorney’s fees; and (C) Expenses; and (2) Assert such violation […]
§ 6-60-1010. Statute of limitations
A person or student organization is required to bring suit for violation of this subchapter not later than three (3) years after the day the cause of action accrues.