Montana Code 20-25-1504. Noncommercial expressive activities — certain prohibitions allowable
20-25-1504. Noncommercial expressive activities — certain prohibitions allowable. (1) A public postsecondary institution shall permit a person to engage freely in noncommercial expressive activity on campus, subject to the provisions of 20-25-1503, as long as the person’s expressive activity:
Terms Used In Montana Code 20-25-1504
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Materially and substantially disrupt: means conduct by a person who acts purposely or knowingly to:
(i)significantly hinder the expressive activity of another person or group;
(ii)prevent the communication of an expressive activity; or
(iii)prevent the transaction of business at a lawful meeting, gathering, or procession by:
(A)engaging in fighting or other violent or unlawful behavior; or
(B)physically blocking or using threats of violence to prevent another person from attending, listening to, viewing, or otherwise participating in an expressive activity. See Montana Code 20-25-1501
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)is not unlawful; or
(b)does not materially and substantially disrupt the functioning of the public postsecondary institution.
(2)A public postsecondary institution may impose restrictions pursuant to 20-25-1503 on noncommercial expressive activity. Any restrictions imposed must allow for members of the public to spontaneously and contemporaneously assemble, speak, and distribute printed materials.
(3)This section may not be construed to prevent a public postsecondary institution from prohibiting, limiting, or restricting expressive activity that is not protected by the first amendment of the United States constitution or Article II, section 7, of the Montana constitution.
(4)This section may not be construed to permit a person to engage in conduct that materially and substantially disrupts another person’s expressive activity.