S 785 — University Employee Free Speech
Last action — Referred to Committee on Education
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill is in committee in the Senate. Introduced January 13, 2026. It must pass committee before a floor vote.
Next likely step: a committee vote, then a floor vote in the Senate.
Prognosis
Where this bill stands today.
Odds of enactment
LowHow often bills like it became law.
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In Committee
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "REMEMBERING CHARLIE KIRK ACT"; BY ADDING SECTION 59-101-700 SO AS TO PROVIDE THAT A PUBLIC COLLEGE OR UNIVERSITY EMPLOYEE MAY BE DISCHARGED FROM EMPLOYMENT FOR CAUSE FOR CERTAIN PUBLIC COMMUNICATIONS; AND BY ADDING SECTION 59-101-710 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL DEVELOP A SPEECH CODE FOR PUBLIC COLLEGE OR UNIVERSITY EMPLOYEES THAT MUST BE ADOPTED AND ENFORCED BY THE GOVERNING BOARDS OF THE STATE'S PUBLIC COLLEGES AND UNIVERSITIES, AND TO PROVIDE PENALTIES FOR A PUBLIC COLLEGE OR UNIVERSITY WHO DOES NOT ADOPT OR ENFORCE THE SPEECH CODE.
Bill Text
What changed in the latest version
101 added · 6 removedPlain-language change summary
The amendments to Bill S 785, now referred to as the "Remembering Charlie Kirk Act," introduce a significant change regarding employee speech at public colleges and universities in South Carolina. The bill allows for immediate termination of employees for specific public communications deemed inappropriate, and mandates the creation of a speech code for these institutions, with penalties for non-compliance. This matters because it raises concerns about free speech on campuses, potentially affecting how employees express their opinions in public forums.
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13, 2026) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 785Indicates Matter StrickenIndicates New Matter(Text matches printed bills.
Document has been reformatted to meet World Wide Web specifications.) A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "REMEMBERING CHARLIE KIRK ACT";
BY ADDING SECTION 59-101-700 SO AS TO PROVIDE THAT A PUBLIC COLLEGE OR UNIVERSITY EMPLOYEE MAY BE DISCHARGED FROM EMPLOYMENT FOR CAUSE FOR CERTAIN PUBLIC COMMUNICATIONS;
AND BY ADDING SECTION 59-101-710 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL DEVELOP A SPEECH CODE FOR PUBLIC COLLEGE OR UNIVERSITY EMPLOYEES THAT MUST BE ADOPTED AND ENFORCED BY THE GOVERNING BOARDS OF THE STATE'S PUBLIC COLLEGES AND UNIVERSITIES, AND TO PROVIDE PENALTIES FOR A PUBLIC COLLEGE OR UNIVERSITY WHO DOES NOT ADOPT OR ENFORCE THE SPEECH CODE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Remembering Charlie Kirk Act".
SECTION 2. Chapter 101, Title 59 of the S.C.
Code is amended by adding:
Article 3 State College and University Employee Free Speech Section 59-101-700. (A) A public college or university may immediately terminate the employment of an employee, including faculty whether or not tenured, for the employee's speech or expression if:
(1) under the totality of the circumstances an observer could make a reasonable inference that the employee was speaking or expressing himself as an employee about a matter of personal interest rather than an employee speaking or expressing himself as a citizen speaking on a matter of public concern;
(2) the college or university's interest in providing effective and efficient services, educational or otherwise, to the university's students or community at-large outweighs the employee's interest in speaking or expressing himself on a matter of public concern;
or (3) the employee's speech or expression was not a substantial factor in the decision to terminate the employee's employment.
(B) A state college or university evaluating whether to terminate an employee's employment pursuant to subsection (A)(2), shall take into account whether the employee's speech or expressive behavior:
(1) impairs discipline imposed by superiors;
(2) impairs harmony among coworkers;
(3) has a detrimental impact on close working relationships;
(4) impedes the performance of the employee's duties;
(5) interferes with the operation of the college or university;
(6) undermines the mission of the college or university;
(7) is communicated to the general public or co-workers openly in a way that is accessible, observable, or available to anyone rather than limited to a defined person or group;
(8) conflicts with responsibilities of the employee within the college or university;
(9) makes use of the authority and public accountability the employee's role entails;
and (10) condones, promotes, or encourages acts of violence on or near campus.
(C) An employee whose employment is terminated pursuant to this is terminated pursuant to this section 'for cause' and does not have grievance rights afforded to covered state employees, including faculty whether or not tenured, of the college or university at which the employee was employed.
Section 59-101-710. (A) The Commission on Higher Education shall develop a speech code reflecting the provisions contained in Section 59-101-700 and explaining the free speech rights afforded by the United States and South Carolina constitution that state college and university employees retain with their employment and the limitations on the employee's free speech rights.
The speech code shall be distributed to each state college and university and shall be available on the commission's website.
Each state college and university shall also post the speech code on any employee facing internet website or portal.
(B) The governing board of each public college or university in this State shall adopt and enforce the speech code developed pursuant to subsection (A).
If a public college or university fails to adopt the speech code, then the public college or university's state funding shall be reduced by one-twelfth for each month that the code is not adopted.
If a public college or university fails to enforce the speech code, then the public college or university's state funding shall be reduced by ten percent for each violation.
(C) Each employee of a state college or university must sign a copy of the code of conduct thereby attesting that the employee understands his free speech rights, the limits of those rights, and that the employee may be terminated immediately for cause without grievance rights if he violates the speech code.
(D) Annually, on the first day of the fiscal year, each public college or university shall certify to the Commission on Higher Education that the university is in compliance with the requirement to adopt the speech code.
SECTION 3. This act takes effect upon approval by the Governor.
----XX---- This web page was last updated on January 13, 2026 at 12:44 PM
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill enacts new provisions regarding the termination of public college and university employees for their speech and establishes a mandatory speech code to be developed and enforced by the Commission on Higher Education.
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Section 59-101-700
Section 59-101-700. (A) A public college or university may immediately terminate the employment of an employee, including faculty whether or not tenured, for the employee's speech or expression if: (1) under the totality of the circumstances an observer could make a reasonable inference that the employee was speaking or expressing himself as an employee about a matter of personal interest rather than an employee speaking or expressing himself as a citizen speaking on a matter of public concern; (2) the college or university's interest in providing effective and efficient services, educational or otherwise, to the university's students or community at-large outweighs the employee's interest in speaking or expressing himself on a matter of public concern; or (3) the employee's speech or expression was not a substantial factor in the decision to terminate the employee's employment. (B) A state college or university evaluating whether to terminate an employee's employment pursuant to subsection (A)(2), shall take into account whether the employee's speech or expressive behavior: (1) impairs discipline imposed by superiors; (2) impairs harmony among coworkers; (3) has a detrimental impact on close working relationships; (4) impedes the performance of the employee's duties; (5) interferes with the operation of the college or university; (6) undermines the mission of the college or university; (7) is communicated to the general public or co-workers openly in a way that is accessible, observable, or available to anyone rather than limited to a defined person or group; (8) conflicts with responsibilities of the employee within the college or university; (9) makes use of the authority and public accountability the employee's role entails; and (10) condones, promotes, or encourages acts of violence on or near campus. (C) An employee whose employment is terminated pursuant to this is terminated pursuant to this section 'for cause' and does not have grievance rights afforded to covered state employees, including faculty whether or not tenured, of the college or university at which the employee was employed.
This section provides the grounds under which college or university employees can be terminated for their speech, limiting their rights significantly.
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Section 59-101-710
Section 59-101-710. (A) The Commission on Higher Education shall develop a speech code reflecting the provisions contained in Section 59-101-700 and explaining the free speech rights afforded by the United States and South Carolina constitution that state college and university employees retain with their employment and the limitations on the employee's free speech rights. The speech code shall be distributed to each state college and university and shall be available on the commission's website. Each state college and university shall also post the speech code on any employee facing internet website or portal. (B) The governing board of each public college or university in this State shall adopt and enforce the speech code developed pursuant to subsection (A). If a public college or university fails to adopt the speech code, then the public college or university's state funding shall be reduced by one-twelfth for each month that the code is not adopted. If a public college or university fails to enforce the speech code, then the public college or university's state funding shall be reduced by ten percent for each violation. (C) Each employee of a state college or university must sign a copy of the code of conduct thereby attesting that the employee understands his free speech rights, the limits of those rights, and that the employee may be terminated immediately for cause without grievance rights if he violates the speech code. (D) Annually, on the first day of the fiscal year, each public college or university shall certify to the Commission on Higher Education that the university is in compliance with the requirement to adopt the speech code.
This section mandates the development and enforcement of a speech code for employees, attaching penalties for non-compliance, which further regulates employee speech.
Action History
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Referred to Committee on Education
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Introduced and read first time
Sponsors
- Senator Mike Reichenbach · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 169 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (169)
169 members have not signed on to this bill.
Show all 169 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does S 785 do?
- A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "REMEMBERING CHARLIE KIRK ACT"; BY ADDING SECTION 59-101-700 SO AS TO PROVIDE THAT A PUBLIC COLLEGE OR UNIVERSITY EMPLOYEE MAY BE DISCHARGED FROM EMPLOYMENT FOR CAUSE FOR CERTAIN PUBLIC COMMUNICATIONS; AND BY ADDING SECTION 59-101-710 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL DEVELOP A SPEECH CODE FOR PUBLIC COLLEGE OR UNIVERSITY EMPLOYEES THAT MUST BE ADOPTED AND ENFORCED BY THE GOVERNING BOARDS OF THE STATE'S PUBLIC COLLEGES AND UNIVERSITIES, AND TO PROVIDE PENALTIES FOR A PUBLIC COLLEGE OR UNIVERSITY WHO DOES NOT ADOPT OR ENFORCE THE SPEECH CODE.
- Who sponsors S 785?
- S 785 is sponsored by Senator Mike Reichenbach.
- What is the current status of S 785?
- This bill is in committee in the Senate. Introduced January 13, 2026. It must pass committee before a floor vote.
- Where can I track S 785?
- Track S 785 free on One Click Politics — get push/email alerts when it moves.
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