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Enacted Campus Free Speech Statutes – Utah
Utah has passed two bills concerning campus free speech. In 2017, Utah enacted H.B. 54, now Utah Code Ann. § 53B-27-2. In 2021, Utah enacted H.B. 159.
H.B. 54 Summary
H.B. 54 eliminates policies that quarantine speech to misleadingly labeled “free speech zones.”
- Prohibits public institutions from quarantining speech with “free speech zones”; and
- Creates a cause of action allowing the attorney general or an aggrieved party to file a lawsuit to enforce their rights under the statute.
H.B. 159 Summary
H.B. 159 prohibits unconstitutionally overbroad anti-harassment policies, requires the publication of an institution’s free speech policies, and creates a cause of action for the attorney general to enforce the statute.
- Defines student-on-student harassment in a way that is consistent with the definition provided by the Supreme Court of the United States in Davis v. Monroe County Board of Education;
- Requires an institution to publish and publicize its free expression policies;
- Creates a cause of action allowing the attorney general to file a lawsuit to enforce rights under the statute.
Utah enacts law ensuring campus anti-harassment policies respect First Amendment rights