Freedom of speech bill on N.H. college campuses faces final hearing
Apr. 9—CONCORD — The chief author of bipartisan legislation (HB 1305) to adopt a freedom of speech policy on public higher education campuses urged a state Senate panel to reject any further changes.
But the University System of New Hampshire's lawyer said this legislation would introduce new definitions that could lead to more litigation.
Chad Pimentel, general counsel for USNH, maintained the bill wasn't needed, given the state's flagship public university has a high ranking for protecting the First Amendment rights of students.
"Tinkering with something that is clearly working might not be the best idea. Our concern is this may be a solution in search of a problem," Pimentel told the Senate Education Committee Tuesday.
Rep. Daniel Popovici-Muller, R-Windham, said he's been working on his bill for two years and has made many alterations to satisfy critics.
"Literally no one opposed this bill other than the (USNH) administration," Popovici-Muller said. "This bill is ready for adoption. All suggestions were listened to and frankly all reasonable suggestions were addressed."
Tuesday was likely the last public hearing for the bill that the House of Representatives passed last month, 206-169.
Initially, a move to pass the bill last month failed by a single vote, 182-181.
Popovici-Muller and other supporters quickly got that outcome reversed.
He offered an amendment that led to the stronger vote of final approval as it gave higher education administrators the authority to place "reasonable time, place and manner restrictions" on public forums on campus.
The bill would only apply to two- and four-year public college systems in the state.
Currently, 18 states have adopted similar laws.
Popovici-Muller said he worked to get the American Civil Liberties Union of New Hampshire on board with the bill.
Last year, he said he agreed to set aside a similar bill to work with Civil Rights Division Director Sean Locke in the Attorney General's Office to ensure that the measure did not conflict with the state's anti-discrimination laws.
As written, the bill defines the freedom of speech all students should enjoy and the right of freedom of association on campus.
Another goal of the bill is to prevent public colleges from adopting "free speech zones" that limit where public displays may take place.
Those who feel their rights have been violated would have a civil right to file a complaint against the college with damages capped at $20,000 per case. The bill permits the aggrieved party — should they prevail — to ask a judge to order the college to pay attorney fees and other court costs.
"It's pretty common knowledge that First Amendment rights are under attack in this country," said House Judiciary Committee Chairman Robert Lynn, R-Windham.
"They are under assault in the last place that they should occur, and that is in academia in our college campuses."
