Okla. Stat. tit. 70, § 70-2120

A. As used in this act:

1. "Campus community" means students, administrators, faculty

and staff at the public institution of higher education and their

invited guests;

2. "Harassment" means only that expression that is unwelcome,

so severe, pervasive and subjectively and objectively offensive that

a student is effectively denied equal access to educational

opportunities or benefits provided by the public institution of

higher education;

3. "Materially and substantially disrupts" means when a person,

with the intent to or with knowledge of doing so, significantly

hinders another person's or group's expressive activity, prevents

the communication of the message or prevents the transaction of the

business of a lawful meeting, gathering or procession by:

a. engaging in fighting, violent or other unlawful

behavior, or

b. physically blocking or using threats of violence to

prevent any person from attending, listening to,

viewing or otherwise participating in an expressive

activity. Conduct that "materially disrupts" shall

not include conduct that is protected under the First

Amendment to the United States Constitution or Section

22 of Article 2 of the Oklahoma Constitution. Such

protected conduct includes but is not limited to

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lawful protests in the outdoor areas of campus

generally accessible to the members of the public,

except during times when those areas have been

reserved in advance for other events, or minor, brief

or fleeting nonviolent disruptions of events that are

isolated and short in duration;

4. "Outdoor areas of campus" means the generally accessible

outside areas of campus where members of the campus community are

commonly allowed, such as grassy areas, walkways or other similar

common areas and does not include outdoor areas where access is

restricted from a majority of the campus community;

5. "Public institution of higher education" means any

institution within The Oklahoma State System of Higher Education or

technology center schools overseen by the State Board of Career and

Technology Education; and

6. "Student organization" means an officially recognized group

at a public institution of higher education, or a group seeking

official recognition, comprised of admitted students that receive or

are seeking to receive benefits through the public institution of

higher education.

B. Expressive activities protected under the provisions of this

section include but are not limited to any lawful verbal, written,

audio-visual or electronic means by which individuals may

communicate ideas to one another, including all forms of peaceful

assembly, protests, speeches and guest speakers, distribution of

literature, carrying signs and circulating petitions.

C. 1. The outdoor areas of campuses of public institutions of

higher education in this state shall be deemed public forums for the

campus community, and public institutions of higher education shall

not create "free speech zones" or other designated areas of campus

outside of which expressive activities are prohibited. Public

institutions of higher education may maintain and enforce reasonable

time, place and manner restrictions narrowly tailored in service of

a significant institutional interest only when such restrictions

employ clear, published, content- and viewpoint-neutral criteria and

provide for ample alternative means of expression. Any such

restrictions shall allow for members of the campus community to

spontaneously and contemporaneously assemble and distribute

literature.

2. Nothing in this subsection shall be interpreted as limiting

the right of student expression elsewhere on campus.

D. 1. Any person who wishes to engage in noncommercial

expressive activity on campus shall be permitted to do so freely, as

long as the person's conduct is not unlawful and does not materially

and substantially disrupt the functioning of the public institutions
ute

literature.

2. Nothing in this subsection shall be interpreted as limiting

the right of student expression elsewhere on campus.

D. 1. Any person who wishes to engage in noncommercial

expressive activity on campus shall be permitted to do so freely, as

long as the person's conduct is not unlawful and does not materially

and substantially disrupt the functioning of the public institutions

of higher education, subject only to the requirements of subsection

C of this section.

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2. Nothing in this subsection shall prohibit public

institutions of higher education from maintaining and enforcing

reasonable time, place and manner restrictions that are narrowly

tailored to serve a significant institutional interest only when

such restrictions employ clear, published, content- and viewpoint-

neutral criteria. Any such restrictions shall allow for members of

the campus community to spontaneously and contemporaneously

assemble, speak and distribute literature.

3. Nothing in this subsection shall be interpreted as

preventing public institutions of higher education from prohibiting,

limiting or restricting expression that the First Amendment does not

protect or prohibiting harassment as defined by this section.

4. Nothing in this section shall enable individuals to engage

in conduct that intentionally, materially and substantially disrupts

another person's expressive activity if that activity is occurring

in a campus space reserved for that activity under the exclusive use

or control of a particular group.

E. Public institutions of higher education shall make public in

their handbooks, on their websites and through their orientation

programs for students the policies, regulations and expectations of

students regarding free expression on campus consistent with this

section.

F. Public institutions of higher education shall develop

materials, programs and procedures to ensure that those persons who

have responsibility for discipline or education of students,

including but not limited to administrators, campus police officers,

residence life officials and professors, understand the policies,

regulations and duties of public institutions of higher education

regarding free expression on campus consistent with this section.

G. 1. Each public institution of higher education shall

publicly post on its website, as well as submit to the Governor, the

Legislature, and the Chancellor of The Oklahoma State System of

Higher Education annually by December 31, a report that details the

course of action implemented to be in compliance with the

requirements of this section. A report shall also be given in the

instance of any changes or updates to the chosen course of action.

The information required in the report shall be:

a. accessible from the institution's website home page by

use of not more than three links,

b. searchable by key words and phrases, and

c. accessible to the public without requiring

registration or use of a user name, password or

another user identification.

2. The report shall include:

a. a description of any barriers to or incidents of

disruption of free expression occurring on campus,

including but not limited to attempts to block or

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prohibit speakers and investigations into students or

student organizations for their speech. The

description shall include the nature of each barrier

or incident, as well as what disciplinary action, if

any, was taken against members of the campus community

determined to be responsible for those specific

barriers or incidents involving students without

revealing those students' personally identifiable

information, and

b. any other information each public institution of

higher education deems valuable for the public to

evaluate whether free expression rights for all

members of the campus community have been equally
bers of the campus community

determined to be responsible for those specific

barriers or incidents involving students without

revealing those students' personally identifiable

information, and

b. any other information each public institution of

higher education deems valuable for the public to

evaluate whether free expression rights for all

members of the campus community have been equally

protected and enforced consistent with this act.

3. If a public institution of higher education is sued for an

alleged violation of First Amendment rights, a supplementary report

with a copy of the complaint, or any amended complaint, shall be

submitted to the Governor and the Legislature within thirty (30)

days.

H. Any person or student organization aggrieved by a violation

of this section may bring an action against the public institution

of higher education and its employees acting in their official

capacities responsible for the violation and seek appropriate

relief, including but not limited to injunctive relief, monetary

damages, reasonable attorneys' fees and court costs. Any person or

student organization aggrieved by a violation of this section may

assert such violation as a defense or counter claim in any

disciplinary action or in any civil or administrative proceedings

brought against such student or student organization. Nothing in

this subsection shall be interpreted to limit any other remedies

available to any person or student organization.

I. A person shall be required to bring suit for violation of

this section no later than one year after the day the cause of

action occurs. For purposes of calculating the one-year limitation

period, each day that the violation persists and each day that a

policy in violation of this section remains in effect shall

constitute a new day that the cause of action has occurred.

J. If any provision of this section or any application of such

provision to any person or circumstance is held to be

unconstitutional, the remainder of the section and the application

of the provision to any other person or circumstance shall not be

affected.