Should higher education be required to adopt a free speech policy?

Awaiting Vote
Bill Summary

H.R. 7683 amends the Higher Education Act of 1965 to require colleges and universities to adopt free speech policies, such as the Chicago Principles, and prohibits political litmus tests for admission or employment. The bill outlines several provisions to ensure that free expression, association, and religion are protected on campuses. It includes policies to prevent public institutions from conditioning admission or employment on statements regarding political ideologies, diversity, or similar topics. The bill also requires institutions to disclose their free speech policies and provides legal recourse for violations. Sponsor: Rep. Brandon Williams (Republican, New York, District 22)
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Opponents say

•      "Starting from the proposition that campus conservative First Amendment rights are stifled, H.R. 7683 aims to change that, legislating diversity of viewpoints, equity in consideration of campus groups and speakers, and inclusion of more student organizations. These buzzwords hide the real-world implications of the bill's provisions: forcing schools to abide by speech regardless of a school's mission or student well-being; insisting on preferential, costly treatment for certain student groups and their speakers; and, demanding the recognition of student organizations free to discriminate with college funds." Source: Committee on Education and the Workforce Democrats, Minority Opinion 


•      "H.R. 7683 would inject the federal government in higher education in a new and counterproductive fashion by imposing a rigid, highly prescriptive, and costly regulatory and enforcement framework on nearly 2,000 public colleges and universities. These institutions are already subject to the protections afforded by the First Amendment and would therefore have to implement a new campus-wide compliance scheme on top of existing practices. As an example of the difficult and costly mandates that the legislation would impose, it would require institutions to develop “objective, content- and view-point neutral and exhaustive standards” in allocating funds to student organizations, which are extraordinarily varied. This could create a regulatory quagmire." Source: Ted Mitchell, President, American Council on Education

Proponents say

•     "The state of postsecondary education is in complete disarray. We’ve seen countless examples of institutions leveraging taxpayers’ dollars to fan the flames of illiberalism, intolerance, and radical ideology amongst students and faculty. Americans’ confidence in postsecondary education is at an all-time low, and rightly so. While there are several factors contributing to this national sentiment, one of the most important is institutions’ inconsistency in protecting the First Amendment rights of students and faculty. The Respecting the First Amendment on Campus Act addresses this problem by holding institutions accountable, enacting additional enforcement mechanisms, and requiring that campus policies are concrete and transparent. The First Amendment is non-negotiable. Every student, faculty member, and invited guest has the right to speak freely in a civil campus environment without fear of reprisal." Source: Rep. Brandon Williams (Republican, New York, District 22) and Rep. Virginia Foxx (Republican, North Carolina, District 5) in a joint statement