20-25-1503. Public campus as public forum — free speech zone prohibited. (1) An outdoor area of campus of a public postsecondary institution is a public forum. A public postsecondary institution may not create a free speech zone or other designated outdoor areas of campus outside of which expressive activity is prohibited.

Terms Used In Montana Code 20-25-1503

  • Outdoor area of campus: means a generally accessible outside area of campus, such as grassy areas, walkways, or other similar common areas. See Montana Code 20-25-1501
  • Public postsecondary institution: means :

    (a)a unit of the Montana university system as defined in 20-25-201; or

    (b)a Montana community college, defined and organized as provided in 20-15-101. See Montana Code 20-25-1501

  • Student: means a person who is enrolled full-time or part-time at a public postsecondary institution. See Montana Code 20-25-1501

(2)A public postsecondary institution may maintain and enforce reasonable restrictions on the time, place, or manner of expressive activity. The restrictions must be narrowly tailored to serve a significant institutional interest. The restrictions must employ clear, published, content-neutral, and viewpoint-neutral criteria while providing for ample alternative means of expression. The restrictions must allow members of the public to spontaneously and contemporaneously assemble and distribute printed materials.

(3)This section may not be construed to limit the right of student expressive activity elsewhere on the public postsecondary institution’s campus.