53B-27-203.  Expressive activities at an institution.

(1)  An outdoor area of an institution’s campus is a traditional public forum.

Terms Used In Utah Code 53B-27-203

  • expressive activity: includes :
(1) peacefully assembling, protesting, or speaking;
(2) distributing literature;
(3) carrying a sign; or
(4) circulating a petition. See Utah Code 53B-27-202
  • institution: means an institution of higher education listed in Section 53B-1-102. See Utah Code 53B-27-102
  • Person: means :Utah Code 68-3-12.5
    • (2)  An institution may maintain and enforce reasonable time, place, or manner restrictions on an expressive activity in an outdoor area of the institution’s campus, if the restrictions:

    (a)  are narrowly tailored to serve a significant institutional interest;

    (b)  are based on published, content-neutral, and viewpoint-neutral criteria; and

    (c)  leave open ample alternative channels for communication.

    (3)  Subject to Subsection (2), an institution may not prohibit:

    (a)  a member of the institution’s community or the public from spontaneously and contemporaneously assembling in an outdoor area of the institution’s campus; or

    (b)  a person from freely engaging in noncommercial expressive activity in an outdoor area of the institution’s campus if the person’s conduct is lawful.

    (4)  This part does not apply to expressive activity in an area on an institution’s campus other than an outdoor area.

    Enacted by Chapter 440, 2017 General Session

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