PART XIV. FREE SPEECH AND FIRST AMENDMENT PROTECTED EXPRESSIVE ACTIVITIES ON CAMPUSES

§3399.31. Definitions

            As used in this Part, the following terms have the following meanings unless the context clearly indicates otherwise:

            (1) "Free speech and First Amendment protected expressive activities" include but are not limited to any lawful verbal or written means by which individuals or groups communicate ideas to one another, as provided by the First Amendment of the Constitution of the United States of America and by Article I, Section 7 of the Constitution of Louisiana, including all forms of peaceful assembly, lawful protest, speech, distribution of literature, carrying signs, and circulating petitions. "Free speech and First Amendment protected expressive activities" expressly excludes all of the following:

            (a) Commercial activities in which individuals or groups are being compensated or attempting to advertise, market, or accrue financial gain to any individual, corporation, business, or organization.

            (b) Activities in which an individual or group is knowingly being monetarily funded or organized by any individual, corporation, business, or organization that has been designated as a foreign terrorist organization or foreign adversary by the United States Department of State pursuant to 8 U.S.C. 1189 or 15 CFR 7.4.

            (c) Any criminal activity which is prohibited under Title 14 of the Louisiana Revised Statutes of 1950 or any other provision of state law with criminal penalties.

            (2) "Material and substantial disruption" means when a person, with the intent and knowledge of doing so, significantly hinders free speech and First Amendment protected expressive activities, prevents the communication of the message, or prevents the transaction of the business of a lawful meeting, gathering, or procession by either of the following:

            (a) Engaging in assault, battery, attempted battery, violence, or similar unlawful behavior in violation of Title 14 of the Louisiana Revised Statutes of 1950 or any other provision of state law with criminal penalties.

            (b) Physically blocking or using threats of violence to prevent any person from attending, listening to, viewing, or otherwise participating in a free speech and First Amendment protected expressive activity.

            (3) "Outdoor areas" are outside areas generally accessible to the majority of students, administrators, faculty, and staff, such as grassy areas, walkways, or other similar common areas, and do not include areas where access is restricted.

            (4) "Student" means any person who is enrolled on a full-time or part-time basis in a public postsecondary education institution.

            (5) "Student-on-student discriminatory harassment" means unwelcome conduct that targets a victim in violation of this Part and is so severe, pervasive, and objectively offensive and so undermines and detracts from the victim's educational experience that the victim is effectively denied equal access to an institution's resources and opportunities.

            (6) "Student organization" means an officially recognized group at a public postsecondary education institution, or a group seeking official recognition, comprised of enrolled students.

            Acts 2018, No. 666, §1, eff. June 1, 2018; Acts 2022, No. 374, §1; Acts 2022, No. 727, §1; Acts 2024, No. 584, §1, eff. June 11, 2024.