Montana Code Annotated 2021



Part 15. Expressive Activity on Campuses

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:

(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.

History: En. Sec. 4, Ch. 231, L. 2021.