13-53-51. Use of outdoor areas as public forum--Reasonable restrictions--Expressive activity in other areas not limited.
Any outdoor area within the boundaries of a public institution of higher education constitutes a designated public forum for the benefit of students, faculty, administrators, other employees, and their invited guests, to engage in expressive activity, unless access to the area is otherwise properly restricted.
A public institution of higher education may maintain and enforce lawful reasonable time, place, and manner restrictions regarding the use of the outdoor areas described in this section, if such restrictions are clear, narrowly tailored in the service of a significant institutional interest, published, content- and viewpoint- neutral, and provide alternate means of engaging in the expressive activity. Any such restrictions shall allow students, faculty, administrators, and other employees to spontaneously and contemporaneously assemble, as long as their conduct is not unlawful and does not materially and substantially disrupt the functioning of the institution. Nothing in this section shall be interpreted as limiting the right of students, faculty, administrators, and other employees to engage in protected expressive activity elsewhere within the boundaries of the institution. An institution may not designate any area within its boundaries as a free speech zone or otherwise restrict expressive activities to particular areas within its boundaries in a manner that is inconsistent with this section.
Source: SL 2019, ch 94, §3.
Structure South Dakota Codified Laws
Chapter 53 - Administration Of State Institutions
Section 13-53-1.2 - Form for statement of registration compliance--Inclusion in application.
Section 13-53-1.3 - Postsecondary institutions may offer elective course in American sign language.
Section 13-53-2 - Unnecessary duplication of departments and facilities prohibited.
Section 13-53-3 - Economy considered in administration of schools--Unification of work.
Section 13-53-4 - Rules and regulations for management of institutions.
Section 13-53-5 - Delegation of authority to school officials.
Section 13-53-6 - Tuition rates and fees.
Section 13-53-6.3 - Qualification for resident tuition rates.
Section 13-53-7 - Degrees and honors conferred by board--Faculty recommendation.
Section 13-53-8 - Contract with school board for educational services.
Section 13-53-15 - Receipt by state treasurer of institutional moneys--Distribution.
Section 13-53-15.3 - Medical school funds.
Section 13-53-22 - Institutions named as insured in policies.
Section 13-53-23 - Payment of insurance premiums.
Section 13-53-23.1 - Residence defined.
Section 13-53-24 - Twelve-month residency requirement to qualify as resident student.
Section 13-53-26 - Twelve months of residency must immediately precede first day of classes.
Section 13-53-27 - Residence of unemancipated person for purpose of higher education.
Section 13-53-29 - Exception to twelve-month residency requirements.
Section 13-53-29.1 - Resident tuition--Veterans--Armed forces personnel--Spouse or child.
Section 13-53-30 - Reclassification of residence status upon removal of parents' residence.
Section 13-53-31 - Residence classification to remain with continuous enrollment.
Section 13-53-32 - Affect of foreign citizenship on residence status.
Section 13-53-33 - Exemption from nonresident tuition and fees for nonresident student.
Section 13-53-34.1 - Reclassification to resident status upon marriage to state resident.
Section 13-53-35 - Affect of paying taxes and voting on residence status.
Section 13-53-36 - Burden of proof in claim to resident student status.
Section 13-53-37 - Appeal of residency determination.
Section 13-53-38 - Authority of board to grant resident status in unusual circumstances.
Section 13-53-39 - Penalties for fraud or deceit by student in applying for resident status.
Section 13-53-40 - Suspension for failure to pay additional money due because of nonresident status.
Section 13-53-41 - Waiver of overpayment of tuition and fees for failure to timely appeal.
Section 13-53-43 - Transfer of credits--General education.
Section 13-53-44 - Technical colleges--Transfer of credits.
Section 13-53-45 - Confidentiality of information--Restrictions.
Section 13-53-46 - Definition of terms in §§ 13-53-47 and 13-53-48.
Section 13-53-48 - Time for submission of documentation.
Section 13-53-49 - Expressive activity and intellectual diversity defined.
Section 13-53-52 - Discrimination based on content or viewpoint of expressive activity prohibited.
Section 13-53-53 - Annual report on intellectual diversity and free exchange of ideas.