This Act mandates that public colleges receiving federal aid must inform new students about their First Amendment rights and commitment to free expression during orientation and on their websites.
Kevin Kiley
Representative
CA-3
The Free Speech On Campus Act requires public colleges and universities to enhance protections for free expression as a condition of receiving federal student aid. This legislation mandates that institutions provide new students with a written statement outlining their First Amendment rights and commitment to free speech during orientation. Furthermore, schools must offer educational programming on free speech policies and respectfully engage with diverse viewpoints.
The new Free Speech On Campus Act is straightforward: if a public college or university wants to keep receiving federal student aid—which is basically all of them—they now have to overhaul their student orientation and public-facing websites. This bill aims to solidify free expression rights for students and invited speakers on campus.
Starting with the next incoming class, public colleges must treat the First Amendment like a required course. Section 2 mandates two key additions to the orientation process for all new and transfer students. First, the school must provide a written statement that clearly explains students’ First Amendment rights and confirms the school's commitment to protecting them. This isn't just a policy memo; it’s a required, visible pledge that the institution won't infringe upon those rights, or the rights of anyone the students invite to speak.
Second, the orientation needs dedicated educational programming. This training must cover the school's official free speech policies and, crucially, teach students how to express diverse views both respectfully and productively. The goal here is to foster civil discourse while upholding constitutional rights. However, here’s the fine print that might get tricky: the programming also has to cover policies that ban "exclusionary behavior." Defining the line between protected, albeit offensive, speech and prohibited exclusionary conduct is notoriously difficult, and this vagueness could lead to disputes down the road as administrators try to enforce both mandates simultaneously.
Beyond the classroom, the bill requires transparency. That same written statement explaining student rights and affirming the school’s commitment to free expression must be posted on the institution's public website. For a busy parent or a prospective student researching schools, this provides an easy way to check the school’s official stance on free speech before applying or enrolling. It standardizes the expectation that these rights aren't hidden in a student handbook but are front and center for the public.
For students, this bill is a clear win for awareness. It guarantees that every student entering a public college will receive mandatory, explicit education on their constitutional rights on campus. For schools, this means new administrative work. They’ll need to develop new curriculum materials, update their websites, and ensure compliance across all orientation programs. While the bill’s intent—strengthening free expression—is beneficial, the cost of developing and implementing these new programs falls entirely on the colleges. They will be the ones juggling the administrative load to meet these new federal requirements.