House Bill 364 Summary

• Establishes the "Protecting Critical Thinking in Higher Education Act" requiring public institutions of higher education to protect First Amendment expressive activities on campus.

• Designates outdoor campus areas as public forums where institutions cannot create speech zones or restrict expression, except through content-neutral time, place, and manner restrictions that allow spontaneous assembly and literature distribution.

• Permits any person to engage in noncommercial expressive activity on campus freely as long as conduct is lawful and does not materially and substantially disrupt institutional functioning, with exceptions for true threats and harassment.

• Requires institutions to report compliance to the governor and legislature by December 1, 2021, including descriptions of barriers to free expression and any disciplinary actions taken, and prohibits charging security fees based on speech content.

• Allows persons or student organizations to sue institutions and employees for violations, with court awards of at least $5,000 if violation is found, and establishes a one-year statute of limitations for claims.