AB 440

This bill creates statutory requirements and prohibitions regarding free speech

at the University of Wisconsin and technical college systems. The bill declares that

it is not the role of a UW institution or technical college to shield individuals from

speech that is protected by the First Amendment of the U.S. Constitution. The bill

imposes requirements throughout both systems, including the following: 1)

students, faculty, and staff have the right to assemble and engage in expressive

activity; 2) the campuses are open to any speaker who is invited by students, faculty,

or staff; 3) the public areas of campuses are traditional public forums; 4)

administrators must remain neutral on public policy controversies; 5)

administrators in their official capacity may not require students, faculty, or staff to

express specified viewpoints as a condition of employment or a course requirement;

and 6) any person lawfully present on campus is allowed to protest or demonstrate.

The bill also requires administrators to make all reasonable efforts and make

available all reasonable resources to ensure the safety of individuals invited to speak

on campuses. If administrators determine that they cannot ensure an individual's

safety, the bill requires that the individual must be allowed to speak in spite of that

determination. The bill prohibits any protest or demonstration that infringes on the

rights of others to engage in or listen to expressive activity and requires

administrators to sanction individuals who violate that prohibition. The bill also

prohibits a person from making a true threat, as defined in the bill, against a speaker.

The bill requires the UW Board of Regents and Technical College System Board

to promulgate rules establishing a disciplinary process for students, faculty, and

staff who violate the bill or engage in conduct that inhibits free speech. The rules

must include disciplinary sanctions specified in the bill. Finally, the bill provides

that it shall not be construed to prohibit the Board of Regents, a UW institution, the

TCS Board, or a technical college district from regulating speech or activities that are

prohibited by law or that substantially disrupt the functioning of a UW institution

or technical college.