Montana Code Annotated 2021



Part 15. Expressive Activity on Campuses


20-25-1501. Definitions. As used in this part, the following definitions apply:

(1) (a) "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.

(b) The term does not include conduct that is protected under the first amendment of the United States constitution or under Article II, section 7, of the Montana constitution, including but not limited to:

(i) lawful protests in outdoor areas of campus; or

(ii) minor, brief, or fleeting nonviolent disruption of an event that is isolated or short in duration.

(2) (a) "Outdoor area of campus" means a generally accessible outside area of campus, such as grassy areas, walkways, or other similar common areas.

(b) The term does not include an outdoor area where access is restricted from a majority of the public.

(3) "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.

(4) "Student" means a person who is enrolled full-time or part-time at a public postsecondary institution.

(5) "Student organization" means an officially recognized group or a group seeking official recognition at a public postsecondary institution that is composed of students who receive or are seeking to receive a benefit through the public postsecondary institution.

History: En. Sec. 1, Ch. 231, L. 2021.