Montana Code Annotated 2021



Part 15. Expressive Activity on Campuses

Public Campus As Public Forum -- Free Speech Zone Prohibited

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.

(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.

History: En. Sec. 3, Ch. 231, L. 2021.