PART XIV. CAMPUS FREE EXPRESSION

§3399.31. Definitions

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

            (1) "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 the Constitution of Louisiana, including all forms of peaceful assembly, protest, speech, distribution of literature, carrying signs, and circulating petitions. This expressly excludes commercial activities where individuals or groups are being compensated or attempting to advertise, market, or accrue financial gain to any individual, corporation, business, or organization.

            (2) "Material and substantial disruption" means when a person, with the intent and knowledge of doing so, significantly hinders expressive activity, 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 fighting, violence, or similar unlawful behavior.

            (b) Physically blocking or using threats of violence to prevent any person from attending, listening to, viewing, or otherwise participating in an 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 its victim on the basis of a class protected under federal, state, or local law and that 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.