§ 16-68-2 — Definitions

For the purposes of this chapter, the following words have the following meanings:
(1) BENEFIT. Recognition, registration, the use of facilities of a public institution of higher education for meetings or speaking purposes, the use of channels of communications, and funding sources that are available to student organizations at the public institution of higher education.
(2) CAMPUS COMMUNITY. A public institution of higher education’s students, administrators, faculty, and staff, as well as the invited guests of the institution and the institution’s student organizations, administrators, faculty, and staff.
(3) FREE SPEECH ZONE. An area on campus of a public institution of higher education that is designated for the purpose of engaging in a protected expressive activity.
(4) HARASSMENT. Expression that is so severe, pervasive, and objectively offensive that it effectively denies access to an educational opportunity or benefit provided by the public institution of higher education.
(5) MATERIALLY AND SUBSTANTIALLY DISRUPTS. A disruption that occurs when a person: a. Significantly hinders the protected expressive activity of another person or group, prevents the communication of a message of another person or group, or prevents the transaction of the business of a lawful meeting, gathering, or procession by engaging in fighting, violence, or other unlawful behavior; or b. Physically blocks or uses threats of violence to prevent any person from attending, listening to, viewing, or otherwise participating in a protected expressive activity. Conduct that materially and substantially disrupts does not include conduct that is protected under the First Amendment to the United States Constitution or Article I, Section 4 of the Constitution of Alabama of 1901. Protected conduct includes, but is not limited to, lawful protests and counter-protests in the outdoor areas of campus generally accessible to members of the public, except during times when those areas have been reserved in advance for other events, or minor, brief, or fleeting nonviolent disruptions of events that are isolated and short in duration.
(6) OUTDOOR AREAS OF CAMPUS. The generally accessible outside areas of the campus of a public institution of higher education where members of the campus community are commonly allowed including, without limitation, grassy areas, walkways, and other similar common areas.
(7) PROTECTED EXPRESSIVE ACTIVITY. Speech and other conduct protected by the First Amendment to the United States Constitution, to the extent that the activity is lawful and does not significantly and substantially disrupt the functioning of the institution or materially and substantially disrupt the rights of others to engage in or listen to the expressive activity, including all of the following:
a. Communication through any lawful verbal, written, or electronic means.
b. Participating in peaceful assembly.
c. Protesting.
d. Making speeches.
e. Distributing literature.
f. Making comments to the media.
g. Carrying signs or hanging posters.
h. Circulating petitions.
For purposes of this chapter, the term does not include expression that relates solely to the economic interests of the speaker and its audience and proposes an economic transaction.
(8) PUBLIC INSTITUTIONS OF HIGHER EDUCATION. As defined in Section 16-5-1.
(9) STUDENT. Any person who is enrolled in a class at a public institution of higher education.
(10) STUDENT ORGANIZATION. An officially recognized group at a public institution of higher education or a group seeking official recognition, composed of admitted students that receive or are seeking to receive benefits through the institution.

Legislative History

(Act 2019-396, §2.)