Section 203 – Expressive activities at an institution.

• (1) An outdoor area of an institution’s campus is a traditional public forum.

• (2) An institution may maintain and enforce reasonable time, place, or manner restrictions on an expressive activity in an outdoor area of the institution’s campus, if the restrictions:
  • (a) are narrowly tailored to serve a significant institutional interest;
  • (b) are based on published, content-neutral, and viewpoint-neutral criteria; and
  • (c) leave open ample alternative channels for communication.

• (3) Subject to Subsection (2), an institution may not prohibit:
  • (a) a member of the institution’s community or the public from spontaneously and contemporaneously assembling in an outdoor area of the institution’s campus; or
  • (b) a person from freely engaging in noncommercial expressive activity in an outdoor area of the institution’s campus if the person’s conduct is lawful.

• (4) This part does not apply to expressive activity in an area on an institution’s campus other than an outdoor area.

Enacted by Chapter 440, 2017 General Session