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sdsucollegian.com
SOUTH DAKOTA STATE UNIVERSITY’S STUDENT-RUN INDEPENDENT NEWSPAPER SINCE 1885
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HB 1087 REDEFINES FREEDOM OF SPEECH ON SDBOR CAMPUSES J. MICHAEL BERTSCH News and Lifestyles Editor South Dakota Gov. Kristi Noem signed House Bill 1087, “An Act to promote free speech and intellectual diversity at certain institutions of higher education,” into South Dakota law March 20, 2019. HB 1087 lays out new regulations for the South Dakota Board of Regents and its institutions to promote and protect expressive activities and intellectual diversity. But what does this mean? According to the statute, intellectual diversity is defined as “a learning environment that exposes students to and encourages exploration of a variety of ideological and political perspectives.” Furthermore, the statute states the SDBOR may not shield individuals from constitutionally protected speech, including ideas and opinions they find offensive. It also sets requireCollegian graphic by EMILY SEATON
ments for unbiased funding mechanisms for student organizations and removes “free speech zones” from college campuses to define all areas (unless otherwise stated) as areas of free speech. Additionally, in December of each year, the SDBOR is required to compile a written report of all instances of “impeded intellectual diversity” and the efforts of the universities to promote freedom of expression. After the passage of HB 1087, the university was unsure how to interpret the law. According to Students’ Association Government Affairs Chair, Hattie Seten, on Sept. 9, 2019, “Right now we’re still waiting on the Board to come up with the obligations each institution has to follow. Once we find out what SDSU has to do, then SA can work to comply with that.” Oct. 3, 2019, six months after HB 1087 was signed into law, the university’s official policies and guidelines
regarding freedom of speech and intellectual diversity were signed by President Barry Dunn. So, how have campus policies changed and what does that mean for students? There was an expansion of Sections 6:7 and 6:8 in the SDSU Policy and Procedure Manual designating the use of university grounds and scheduling events on campus. “The new law gave us the opportunity to expand the definition of a designated public forum for students, student organizations, employees and their guests,” according to Tracy Greene, University Legal Counsel. “They can go into the green space and now have spontaneous speech.” But the expanded language in Section 6:8 required by statute may present issues. SEE FIRST AMENDMENT ON A3