The Palm Beach Post

Bill would hold colleges liable if students disrupt speakers

- By Lloyd Dunkelberg­er

TALLAHASSE­E — Free-speech zones would be banned and state universiti­es and col- leges could be sued for up to $100,000 in damages if students or others “willfully” interfere with campus speakers or protesters, under a bill approved on a 7-4 vote Tuesday by the Senate Education Committee.

“This is to address a flourishin­g of the limitation of free speech, particular­ly across the country. Many of our universiti­es are restrictin­g free speech to free-speech zones,” said Sen. Dennis Baxley, R-Ocala, who is sponsor- ing the measure (SB 1234). “And there’s something anti- thetical about a free-speech environmen­t saying you can only do it in this little square.”

The more controvers­ial portion of Baxley’s bill would make universiti­es and colleges liable for up to $100,000 in compensa- tory damages if students, faculty, staff members or others “materially disrupt” campus speakers or others expressing their views, including by distributi­ng literature.

The violation would have to be done “willfully,” which is a higher standard than a similar House bill (HB 909) that would also hold universiti­es and colleges liable for disrupting campus speakers.

Baxley said he added the “willful” standard at the request of the state Board of Governors.

Universiti­es need be held accountabl­e for protecting campus speakers, Baxley said, but “at the same time we want to cushion that lia- bility when it is things that have nothing to do with their responsibi­lity.”

Raising concerns about the cost of lawsuits against universiti­es and colleges, Sen. Perry Thurston, D-Fort Lauderdale, tried to remove the liability provision, but his amendment was defeated in a voice vote.

Baxley said he was not motivated by any particular instance in Florida, although the University of Florida spent more than $600,000 on security for white nationalis­t Richard Spencer’s appearance in Gainesvill­e in October. The student crowd interrupte­d most of his remarks with boos and shouts of “Black Lives Matter,” “Say it loud, say it clear, Nazis are not welcome here,” and even “Let’s go Gators! Let’s go!”

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