Free Speech On Campus Act
This bill, titled the Free Speech On Campus Act, would amend the Higher Education Act of 1965 to condition public institutions’ eligibility to participate in Title IV federal student aid programs on how they handle freedom of expression. Specifically, it requires public colleges and universities to provide new and transfer students with a written statement about their First Amendment rights, affirm the institution’s commitment to free expression, and guarantee that students and invited speakers will not be treated in ways that violate those rights. In addition, the bill requires educational programming (including online resources) at orientation that explains the institution’s policies and procedures to protect free expression and to encourage a broad, respectful range of viewpoints. The institution would also be required to post the written statement on its publicly accessible website. The aim is to promote transparency and protection of First Amendment rights on public campuses and tie these protections to access to federal student aid funds.
Key Points
- 1Orientation requirement for new and transfer students: Public institutions must provide at each orientation a written statement about First Amendment rights, the institution’s commitment to freedom of expression, and assurances that speech and invited speakers won’t be restricted in violation of those rights.
- 2Educational programming: Institutions must offer programming (including online resources) describing policies, procedures, and protocols that protect freedom of expression and prohibit exclusionary behavior; include lessons that encourage a wide range of views in a respectful manner and explain the First Amendment’s role.
- 3Content of the written statement: The statement must explain students’ First Amendment rights, affirm the institution’s commitment to free expression, and include assurances regarding the treatment of students and invited speakers who exercise those rights.
- 4Public posting requirement: The written statement must be posted on the institution’s publicly accessible website.
- 5Link to Title IV participation: The requirements are conditioned on participation in Title IV programs, meaning public institutions would need to comply to remain eligible for federal student aid funds.