April 3, 2025
Mr. Kiley of California (for himself and Mr. Owens) introduced the following bill; which was referred to the Committee on Education and Workforce
To amend the Higher Education Act of 1965 to require public institutions of higher education, as a condition of participating in programs under title IV of such Act, to provide a written statement and educational programming to new students on the rights of students under the first amendment to the Constitution.
Section 1. Short title
This Act may be cited as the Free Speech On Campus Act
.
Sec. 2. Program participation agreement on freedom of expression
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following:
(30)
In the case of a public institution, the institution will carry out each of the following:
(A)
At each orientation for new and transfer students, provide students attending the orientation—
(i)
a written statement that—
(I)
explains the rights of students under the first amendment to the Constitution;
(II)
affirms the importance and the commitment of the institution to freedom of expression; and
(III)
includes assurances that students, and individuals invited by students to speak at the institution, will not be treated in a manner that violates the freedom of expression of such students or individuals; and
(ii)
educational programming (including online resources) that include each of the following:
(I)
Descriptions of policies, procedures, and protocols of the institution that protect freedom of expression and prohibit exclusionary behavior.
(II)
Lessons that—
(aa)
teach and encourage the expression of a wide range of views in a productive and respectful manner; and
(bb)
include an understanding of the first amendment to the Constitution and its role in supporting the commitment of the institution to freedom of expression.
(B)
Post on the publicly accessible website of the institution the statement described in subparagraph (A)(i).