U.S. House of Representatives Passes Campus Free Speech Legislation

Thursday, September 19, the U.S. House of Representatives passed The End Woke Higher Education Act (H.R. 3724). This two-bill package includes the Accreditation for College Excellence Act sponsored by Rep. Burgess Owens (R-UT) and the Respecting the First Amendment on Campus Act sponsored by Rep. Brandon Williams (R-NY).

The Accreditation for College Excellence Act prohibits accreditors from requiring that colleges and universities commit to diversity, equity, and inclusion (DEI) or a specific political ideology to receive accreditation or funding.

The Respecting the First Amendment on Campus Act requires colleges and universities to disclose their policies relating to speech to participate in any program under title IV.

The bill also prohibits public colleges and universities from discriminating against student organizations based on viewpoint. This means that an institution’s requirements for an organization’s approval must be neutral, and the institution must be fair in allotting funds from mandatory student activity fees and cannot charge an organization a higher security fee for an event with a speaker deemed “controversial.” The House legislation requires these institutions to have objective, viewpoint-neutral standards for approving a speaker.

The bill also prohibits the use of political litmus tests on students, faculty, or applicants by public colleges and universities and requires the schools to educate all students on their campus free speech rights during orientation.

Additionally, the legislation declares all outdoor areas on a public college or university campus a public forum where expressive activity is permitted. This means the institution cannot limit expressive activity to a certain area of campus, often referred to as a “free speech zone.”

Lastly, the bill creates a cause of action for individuals whose free speech rights have been violated on campus.

It is exciting to see Congress follow the lead of the states that have enacted these free speech protections over the last several years. The Respecting the First Amendment on Campus Act is similar to ALEC model policy, the Forming Open and Robust University Minds (FORUM) Act. New Hampshire was the latest to pass campus speech legislation, joining over 20 states in enacting provisions of the FORUM Act.

President Biden has denounced the End Woke in Higher Education Act, alleging that the bill would “limit the ability of colleges and universities to admit a diverse student body” and “undermine efforts to make colleges welcoming to all students.” However, colleges and universities have not been welcoming to the many students who feel they cannot express themselves on campus out of fear of harassment or violence. Over the past year, we have seen many free speech violations on campus and a worsening attitude towards free speech among students.

Because President Biden opposes the bill, it is unlikely to become law under his administration even if it passes in the Senate. This makes the work the states have done to protect students’ freedom of speech even more important.

States looking to protect their students’ free speech rights should look to our model policies, the FORUM Act and the Free Speech in Higher Education Act.