2016 Arizona Revised Statutes
Title 15 - Education
§ 15-1864 Students' right to speak in a public forum; court actions

AZ Rev Stat § 15-1864 (2016) What's This?

15-1864. Students' right to speak in a public forum; court actions

A. A university or community college shall not restrict a student's right to speak, including verbal speech, holding a sign or distributing fliers or other materials, in a public forum.

B. A university or community college shall not impose restrictions on the time, place and manner of student speech that:

1. Occurs in a public forum.

2. Is protected by the first amendment to the United States Constitution unless the restrictions:

(a) Are reasonable.

(b) Are justified without reference to the content of the regulated speech.

(c) Are narrowly tailored to serve a significant governmental interest.

(d) Leave open ample alternative channels for communication of the information.

C. The following persons may bring an action in a court of competent jurisdiction to enjoin any violation of this section or to recover reasonable court costs and reasonable attorney fees:

1. The attorney general.

2. A student whose expressive rights were violated by a violation of this section.

D. In an action brought under subsection C of this section, if the court finds that a violation of this section occurred, the court shall award the aggrieved person injunctive relief for the violation and shall award reasonable court costs and reasonable attorney fees.

E. A person shall bring an action for a violation of this section within one year after the date the cause of action accrues. For the purpose of calculating the one-year limitation period, each day that the violation persists or each day that a policy in violation of this section remains in effect constitutes a new violation of this section and shall be considered a day that the cause of action has accrued.

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