A Win for Free Speech in New Hampshire
HB 1305 designates outdoor areas of public college campuses as public forums and provides legal recourse for free speech violations.
Friday, July 19, New Hampshire Governor Chris Sununu signed HB 1305, a bill protecting free speech on college campuses, into law, and has received bipartisan support in the state. It will take effect August 1, 2025.
HB 1305 is consistent with ALEC’s model policy, the Forming Open and Robust University Minds (FORUM) Act. New Hampshire joins over 20 other states in enacting provisions of the FORUM Act.
HB 1305 declares all outdoor areas of campuses at public colleges and universities public forums for members of the campus community and prohibits these colleges and universities from restricting legal expressive activity. Additionally, it prohibits discrimination against students and student organizations based on the content of their speech. It also creates a cause of action for students and student organizations whose free speech rights are violated.
This is a win for over 31,000 students attending public colleges and universities in New Hampshire whose speech is now better protected on campus.
“We cannot and should not punish people based on the content of their lawful speech, regardless of how repugnant we may find it,” said the bill’s primary sponsor, Rep. Daniel Popovici-Muller. “Free speech is the cornerstone of our nation. Tampering with it is foolish.”
Free speech has been a pressing issue this year, with free speech violations taking place on campuses across the country, such as Harvard University and UC Berkeley, as I have written on previously. Incidents like these are why it is especially important for states to protect the free speech rights of their students like New Hampshire has.
States looking to protect free speech on their college and university campuses should look to our model policy, the FORUM Act, and our publication, Essential Policy Solutions for 2024, for more of our policy recommendations.