Struck = only in HB 326 ·
added = only in HB 3490.
MISSISSIPPIWEST VIRGINIA LEGISLATURE REGULAR SESSION 2024Introduced By:House Bill 3490 By Delegate Kimble [Introduced March 18, 2025;
Representativereferred Hobgood-Wilkesto To:the Committee on Education then the Judiciary] A BILL to amend and reenact §18B-20-4 and §18B-20-7 of the Code of West Virginia, 1931, as amended, all relating to establishing "Forming Open and Robust University Minds" (FORUM) on university campuses, prohibiting content-based security fees, and requiring development and distribution of information concerning university policies surrounding free expression.
UniversitiesBe andit Collegesenacted HOUSEby BILLthe NO.Legislature of West Virginia:
326ARTICLE AN20. ACT TO ESTABLISH THE "FORMING OPEN AND ROBUST UNIVERSITY MINDS (FORUM) ACT," AS IT RELATES TO FREEDOM OF SPEECH ON THE CAMPUSES OF STATE INSTITUTIONS OF HIGHER LEARNING;
TOFREE PROHIBITEXPRESSION AON STATECAMPUS INSTITUTIONFORMING OFOPEN HIGHERAND LEARNINGROBUST FROMUNIVERSITY DENYINGMINDS A(FORUM). RELIGIOUS, POLITICAL OR IDEOLOGICAL STUDENT ORGANIZATION A BENEFIT OR PRIVILEGE AVAILABLE TO ANOTHER STUDENT ORGANIZATION, OR OTHERWISE DISCRIMINATE AGAINST SUCH AN ORGANIZATION, BASED ON THE EXPRESSION OF THE ORGANIZATION;
TO§18B-20-4. REQUIRE STATE INSTITUTIONS OF HIGHER LEARNING TO DEVELOP AND MAKE AVAILABLE MATERIALS EXPLAINING THE POLICY FOR CAMPUS STAFF AND STUDENTS;
TOTime, REQUIREplace, STATEand INSTITUTIONSmanner OFrestrictions. HIGHER LEARNING TO SUBMIT A YEARLY REPORT DETAILING THE COURSE OF ACTION IMPLEMENTED TO COMPLY WITH THE POLICY;
TO(a) PRESCRIBEAny Aperson ONE-YEARwho STATUTEwishes OFto LIMITATIONSengage FORin ACTIONSprotected BROUGHTand UNDERlawful THISexpressive ACT;activity on campus shall be permitted to do so freely, as long as the person’s conduct is not unlawful, and does not materially and substantially disrupt the functioning of the state institution of higher education.
AND(b) FORNo RELATEDstate PURPOSES.institution of higher education shall charge security fees to a student or a student group based on the content of their expression, the content of the expression of their invited guest, or anticipated reaction to their invited guest's expression.
BE(b)(c) ITTo ENACTEDenable BYthe THEstate LEGISLATUREinstitutions OFof THEhigher STATEeducation OFto MISSISSIPPI:function in a safe and secure manner and to advance their missions and objectives, the state institutions of higher education may enact reasonable time, place, and manner restrictions which are content neutral and narrowly tailored to serve a significant state institution of higher education or other governmental interest.
SECTIONA 1.state institution of higher education may deny, cancel, or postpone a reservation, or immediately terminate any ongoing activity that represents a violation of its time, place, and manner restrictions.
ThisA actstate shallinstitution beof knownhigher andeducation mayshall beendeavor citedto asallow members of the "Formingcampus Opencommunity andto Robustspontaneously Universityand Mindscontemporaneously (FORUM)engage Act."in SECTIONprotected 2.expressive activities.
As(c)(d) usedNothing in this act,article shall be interpreted as preventing state institutions of higher education from prohibiting, limiting, or restricting expression not protected by the followingFirst termsAmendment shallto havethe Constitution of the meaningUnited ascribedStates such as true threats, expression designed to provoke imminent lawless actions and likely to produce it or prohibiting harassment as defined in §18B-20- 2 of this section,code, unlessor contextsexual ofharassment useas clearlyprohibited requiresby otherwise:federal law and defined by federal regulations applicable to state institutions of higher education.
(a)(d)(e) "Benefit"Nothing meansin this article shall be construed to authorize a person or group to intentionally, materially, and substantially disrupt another person or group’s expressive activity if that activity is occurring in a campus space reserved for that activity under the following:exclusive use or control of a particular group.
(i)§18B-20-7. Recognition;
(ii)Accountability Registration;to the public.
H.(a) Each state institution of higher education shall publicly post on its website, and in its orientation program and materials for students, any policies it has enacted regarding protected expressive activity under the First Amendment to the United States Constitution.
B.(b) Develop and distribute materials, programs, and procedures to individuals responsible for the education and discipline of students, including, but not limited to, administrators, campus police officers, residence life officials, professors, and teaching faculty, to inform them of the policies, regulations, and duties of the institution regarding free expression on campus.
No.(b)(c) Each campus shall report to the Higher Education Policy Commission or the Council for Community and Technical College Education, as applicable, a description of any barriers to, or incidents of disruption of, free expression occurring on campus, including, but not limited to, attempts to block or prohibit speakers and investigations into students or student organizations for their speech.
326The *HR31/R315*description ~shall OFFICIALinclude ~the G1/2nature 24/HR31/R315of PAGEeach 1barrier (DJ\JAB)or (iii)incident, Theas usewell ofas facilitieswhat disciplinary action, if any, was taken against members of the institutioncampus ofcommunity higherdetermined educationto be responsible for meetingsthose specific barriers or speakingincidents purposes;involving students and shall be reported without revealing those students’ personally identifiable information.Annually, by August 1, the Intr Click here to enter text.
(iv)commission Theand usecouncil ofshall channelsreport ofto communication;the Legislative Oversight Commission on Education Accountability any barriers or incidents reported to them pursuant to this subsection.
andNOTE: (v) Funding sources that are otherwise available to other student organizations at the state institution of higher learning.
(b)The "Campuspurpose community"of includesthis students,bill administrators,is facultyto establish "Forming Open and staffRobust atUniversity theMinds" institution(FORUM) ofon higheruniversity educationcampuses, prohibit content-based security fees, and theirrequire inviteddevelopment guests.and distribution of information concerning university policies surrounding free expression.
(c)Strike-throughs "Harassment"indicate shalllanguage mean only that expressionwould thatbe isstricken unwelcome,from so severe, pervasive, and subjectively and objectively offensive, that a studentheading isor effectivelythe deniedpresent equallaw accessand tounderscoring educationalindicates opportunitiesnew orlanguage benefitsthat providedwould bybe theadded. state institution of higher learning.
(d) "Materially and substantially disrupts" means when a person, with the intent to or with knowledge of doing so, significantly hinders another person's or group's expressive activity, prevents the communication of the message, or prevents the transaction of the business of a lawful meeting, gathering or procession by:
(i) Engaging in fighting, violent, or other unlawful behavior;
or (ii) Physically blocking or using threats of violence to prevent any person from attending, listening to, viewing, or otherwise participating in an expressive activity.
H.
B.
No.
326 *HR31/R315* ~ OFFICIAL ~ 24/HR31/R315 PAGE 2(DJ\JAB) Conduct that "materially disrupts" shall not include conduct that is protected under the First Amendment to the United States Constitution or Section 14, Mississippi Constitution of 1890.
Such protected conduct includes, but is not limited to, lawful protests in the outdoor areas of campus generally accessible to the members of the public (except during times when those areas have been reserved in advance for other events), or minor, brief, or fleeting nonviolent disruptions of events that are isolated and short in duration.
(e) "Outdoor areas of campus" means the generally accessible outside areas of campus where members of the campus community are commonly allowed, such as grassy areas, walkways or other similar common areas and does not include outdoor areas where access is restricted from a majority of the campus community.
(f) "State institution of higher learning" means any public technical institute, public junior college, public senior college or university, law school, medical or dental school, public state college, or other agency of higher education.
(g) "Student" means any person who is enrolled on a full-time or part-time basis in a state institution of higher learning.
(h) "Student organization" means an officially recognized group at a state institution of higher learning, or a group seeking official recognition, comprised of admitted students H.
B.
No.
326 *HR31/R315* ~ OFFICIAL ~ 24/HR31/R315 PAGE 3(DJ\JAB) that receive, or are seeking to receive, benefits through the institution of higher education as defined in this section.
SECTION 3.
Expressive activities protected under the provisions of this act include, but are not limited to, any lawful verbal, written, audio-visual or electronic means by which individuals may communicate ideas to one another, including all forms of peaceful assembly, protests, speeches and guest speakers, distribution of literature, carrying signs and circulating petitions.
SECTION 4.
The outdoor areas of campuses of state institutions of higher learning in this state shall be deemed public forums for the campus community, and state institutions of higher learning shall not create "free speech zones" or other designated areas of campus outside of which expressive activities are prohibited.
State institutions of higher learning may maintain and enforce reasonable time, place and manner restrictions narrowly tailored in service of a significant institutional interest only when such restrictions employ clear, published, content- and viewpoint-neutral criteria, and provide for ample alternative means of expression.
Any such restrictions shall allow for members of the campus community to spontaneously and contemporaneously assemble and distribute literature.
The public forum protections provided in this section apply only to expressive activities.
H.
B.
No.
326 *HR31/R315* ~ OFFICIAL ~ 24/HR31/R315 PAGE 4(DJ\JAB) Nothing in this section shall be interpreted as limiting the right of student expression elsewhere on campus.
SECTION 5.
(1) Any person who wishes to engage in noncommercial expressive activity on campus shall be permitted to do so freely, as long as the person's conduct is not unlawful and does not materially and substantially disrupt the functioning of the state institution of higher learning, subject only to the requirements of Section 4 of this act.
(2) Nothing in this act shall prohibit state institutions of higher learning from maintaining and enforcing reasonable time, place and manner restrictions that are narrowly tailored to serve a significant institutional interest only when such restrictions employ clear, published, content- and viewpoint-neutral criteria.
Any such restrictions shall allow for members of the campus community to spontaneously and contemporaneously assemble, speak and distribute literature.
(3) Nothing in this act shall be interpreted as preventing state institutions of higher learning from prohibiting, limiting, or restricting expression that the First Amendment does not protect (e.g.
true threats, expression directed to provoke imminent lawless actions and expression inciting others to commit unlawful activity) or prohibit harassment as defined in Section 2 of this act.
(4) Nothing in this act shall enable individuals to engage in conduct that intentionally, materially, and substantially H.
B.
No.
326 *HR31/R315* ~ OFFICIAL ~ 24/HR31/R315 PAGE 5(DJ\JAB) disrupts another's expressive activity if that activity is occurring in a campus space reserved for that activity under the exclusive use or control of a particular group.
SECTION 6.
No state institution of higher learning may deny a religious, political or ideological student organization any benefit or privilege available to any other student organization, or otherwise discriminate against such an organization, based on the expression of the organization, including any requirement that the leaders or members of such organization:
(a) Affirm and adhere to the organization's sincerely held beliefs;
(b) Comply with the organization's standards of conduct;
or (c) Further the organization's mission or purpose, as defined by the student organization.
SECTION 7.
State institutions of higher learning shall make public in their handbooks, on their websites, and through their orientation programs for students the policies, regulations and expectations of students regarding free expression on campus consistent with this act.
SECTION 8.
State institutions of higher learning shall develop materials, programs and procedures to ensure that those persons who have responsibility for discipline or education of students, such as administrators, campus police officers, residence life officials, and professors, understand the policies, H.
B.
No.
326 *HR31/R315* ~ OFFICIAL ~ 24/HR31/R315 PAGE 6(DJ\JAB) regulations and duties of state institutions of higher learning regarding free expression on campus consistent with this act.
SECTION 9.
(1) Each state institution of higher learning shall publicly post on their website, as well as annually submit to the Governor and Legislature, by December 1 of each year, a report which will detail the course of action implemented to be in compliance with the requirements of this act.
A report shall also be given in the instance of any changes or updates to the chosen course of action.
The information required in the report must be:
(a) Accessible from the institution's Internet website home page by use of not more than three (3) links;
(b) Searchable by keywords and phrases;
and (c) Accessible to the public without requiring registration or use of a user name, a password or another user identification.
(2) The report shall include:
(a) (i) A description of any barriers to or incidents of disruption of free expression occurring on campus, including, but not limited to, attempts to block or prohibit speakers and investigations into students or student organizations for their speech;
and (ii) The description shall include the nature of each barrier or incident, as well as what disciplinary action, if any, was taken against members of the campus community determined to be responsible for those specific barriers or incidents.
The H.
B.
No.
326 *HR31/R315* ~ OFFICIAL ~ 24/HR31/R315 PAGE 7(DJ\JAB) description of any barrier, incident or disciplinary action shall be reported without revealing those students' personally identifiable information;
and (b) Any other information each state institution of higher learning deems valuable for the public to evaluate whether free expression rights for all members of the campus community have been equally protected and enforced consistent with this act.
(3) If a state institution of higher learning is sued for an alleged violation of First Amendment rights, a supplementary report with a copy of the complaint, or any amended complaint, must be submitted to the Governor and Legislature within thirty (30) days.
SECTION 10.
Any person or student association aggrieved by a violation of this act may bring an action against the state institution of higher learning and its employees acting in their official capacities, responsible for the violation and seek appropriate relief, including, but not limited to, injunctive relief, monetary damages, reasonable attorneys' fees and court costs.
If a court should find a violation of this act, it shall issue an award of at least Five Thousand Dollars ($5,000.00).
Any person or student organization aggrieved by a violation of this act may assert such violation as a defense or counter claim in any disciplinary action or in any civil or administrative proceedings brought against such student or student organization.
Nothing in H.
B.
No.
326 *HR31/R315* ~ OFFICIAL ~ 24/HR31/R315 PAGE 8(DJ\JAB) this section shall be interpreted to limit any other remedies available to any person or student organization.
SECTION 11.
A person shall be required to bring suit for violation of this act not later than one (1) year after the day the cause of action accrues.
For purposes of calculating the one-year limitation period, each day that the violation persists, and each day that a policy in violation of this act remains in effect, shall constitute a new day that the cause of action has accrued.
SECTION 12.
If any provision of this act or any application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this act and the application of the provision to any other person or circumstance shall not be affected.
SECTION 13.
This act shall take effect and be in force from and after July 1, 2024.
H.
B.
No.
326 *HR31/R315* ~ OFFICIAL ~ 24/HR31/R315 ST:
"Forming Open and Robust University Minds PAGE 9(DJ\JAB) (FORUM) Act";
establish.