Browse Arkansas Code titles and sections
6-60-1005. Public forums.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 maintain and enforce reasonable time, place, and manner restrictions for outdoor areas of campus that are narrowly tailored to serve a significant institutional interest only when such restrictions:
(i) Employ clear, published, content- and viewpoint-neutral criteria; and
(ii) Provide for ample alternative means of expression.
(B) Any restrictions under subdivision (b)(2)(A) of this section shall allow for members of the campus community to spontaneously and contemporaneously assemble, speak, and distribute literature.
(c) A member of the campus community who wants to engage in noncommercial expressive activity in an outdoor area of campus of a state-supported institution of higher education shall be permitted to do so freely as provided under subsection (b) of this section if the individual's conduct:
(1) Is not unlawful; and
(2) Does not materially and substantially disrupt, as defined under § 6-60-1003, the functioning of the state-supported institution of higher education.
(d) This section shall not be interpreted as:
(1) Limiting the right of campus community member expression elsewhere on campus;
(2) Preventing a state-supported institution of higher education from prohibiting, limiting, or restricting expression that the First Amendment to the United States Constitution does not implicate, including without limitation true threats and expression directed to pro
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-60-1005
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:6-60-1005
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 93885acbd94de29051f7f160da8d1b2e533f8331bf41f2ce707833c33a3bd9d5
Source location: content.xml paragraph 34603
Stored source content
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 maintain and enforce reasonable time, place, and manner restrictions for outdoor areas of campus that are narrowly tailored to serve a significant institutional interest only when such restrictions:
(i) Employ clear, published, content- and viewpoint-neutral criteria; and
(ii) Provide for ample alternative means of expression.
(B) Any restrictions under subdivision (b)(2)(A) of this section shall allow for members of the campus community to spontaneously and contemporaneously assemble, speak, and distribute literature.
(c) A member of the campus community who wants to engage in noncommercial expressive activity in an outdoor area of campus of a state-supported institution of higher education shall be permitted to do so freely as provided under subsection (b) of this section if the individual's conduct:
(1) Is not unlawful; and
(2) Does not materially and substantially disrupt, as defined under § 6-60-1003, the functioning of the state-supported institution of higher education.
(d) This section shall not be interpreted as:
(1) Limiting the right of campus community member expression elsewhere on campus;
(2) Preventing a state-supported institution of higher education from prohibiting, limiting, or restricting expression that the First Amendment to the United States Constitution does not implicate, including without limitation true threats and expression directed to provoke imminent lawless actions and likely to produce it, or prohibiting harassment as defined by § 6-60-1003; or
(3) Allowing an individual to engage in conduct that materially and substantially disrupts, as defined under § 6-60-1003, another person's expressive activity if the other person's activity is occurring in an area of campus that is reserved for an activity under the exclusive use or control of a particular group.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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;
(2) “Campus community” means:
(A) A state-supported institution of higher education's:
(i) Students;
(ii) Administrators;
(iii) Faculty; and
(iv) Staff; and
(B) Invited guests of:
(i) The state-supported institution of higher education; or
(ii) Any individual in subdivisions (2)(A)(i)-(iv) of this section;
(3) “Counter demonstration” means lawful action or conduct that:
(A) Criticizes or objects to an expressive activity on campus; and
(B) Does not violate the rights of others in the campus community by materially disrupting previously scheduled or reserved activities in a portion or section of the campus at that scheduled time;
(4) “Free-speech zone” means an area on the campus of a state-supported institution of higher education that is designated for the purpose of engaging in an expressive activity;
(5) “Harassment” means expression that is so severe, pervasive, and subjectively and objectively offensive that it effectively denies access to an educational opportunity or benefit provided by the state-supported institution of higher education;
(6)(A) “Materially and substantially disrupts” means a disruption that occurs when a person, with the purpose or knowledge of significantly hindering the expressive activity of another person or group, prevents the communication of a message of another person or group, or prevents the transac
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-60-1003
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-60-1003. This identifies an authority to review, not proof of applicability.