Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1468 3
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By: Representative Long 5
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For An Act To Be Entitled 7
AN ACT TO PROTECT FACULTY MEMB ERS, TEACHERS, AND 8
EMPLOYEES OF PUBLIC SCHOOLS AND STATE-SUPPORTED 9
INSTITUTIONS OF HIGH ER EDUCATION FROM CO MPELLED 10
SPEECH; TO PROHIBIT REQUIRING FACULTY ME MBERS, 11
TEACHERS, AND EMPLOY EES OF PUBLIC SCHOOL S AND STATE-12
SUPPORTED INSTITUTIO NS OF HIGHER EDUCATION TO USE A 13
PERSON'S PREFERRED P RONOUN; AND FOR OTHE R PURPOSES. 14
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Subtitle 17
TO PROHIBIT REQUIRING FACULTY MEMBERS, 18
TEACHERS, AND EMPLOYEES OF PUBLIC SCHOOLS 19
AND STATE-SUPPORTED INSTITUTIONS OF 20
HIGHER EDUCATION TO USE A PERSON'S 21
PREFERRED PRONOUN. 22
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
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SECTION 1. Arkansas Code Title 6, Chapter 1, Subchapter 1, is amended 27
to add an additional section to read as follows: 28
6-1-108. Protection against compelled speech. 29
(a) The General Assembly finds that: 30
(1) Faculty members, teachers, and employees of public schools 31
and state-supported institutions of higher education do not shed their 32
constitutional rights to freedom of speech or expression at work; 33
(2) Protecting the right to free speech for faculty members, 34
teachers, and employees promotes three (3) important interests, which 35
include: 36 HB1468
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(A) Students' interests in receiving informed opinions on 1
matters of public concern; 2
(B) Faculty members', teachers', and emp loyees' rights to 3
disseminate their own opinions; and 4
(C) The public's interest in exposing our children and 5
future leaders to different viewpoints; and 6
(3) The selection and use of pronouns in classrooms, on 7
campuses, and elsewhere is a matter of f ree speech and academic freedom 8
because it communicates a message on a matter of public concern and shapes 9
classroom discussions and debates, and is not merely an administrative or 10
ministerial act by faculty members, teachers, and employees of public schoo ls 11
and state-supported institutions of higher education. 12
(b) As used in this section, "school" includes: 13
(1) A public school or school district; 14
(2) An open-enrollment public charter school; and 15
(3) A state-supported institution of higher educat ion. 16
(c) A faculty member, teacher, or other employee of a school, 17
regardless of the scope of his or her official duties: 18
(1) Is not required to use a student's or coworker's preferred 19
pronoun when referring to the student or coworker if the preferred pronoun is 20
not consistent with the student's or coworker's biological sex; 21
(2) Is not civilly, criminally, or administratively liable for 22
using a pronoun that is consistent with the biological sex of a person to 23
whom the faculty member, teacher, or oth er employee of a school is referring, 24
even if the pronoun is not the person's preferred pronoun; and 25
(3) Shall not be subject to adverse employment action for using 26
a pronoun that is consistent with the biological sex of a person to whom the 27
faculty member, teacher, or other employee of a school is referring, even if 28
the pronoun is not the person's preferred pronoun. 29
(d) A person who is harmed by a violation of this section may bring a 30
cause of action for: 31
(1) Injunctive relief; 32
(2) Monetary damages; 33
(3) Reasonable attorney's fees and costs; and 34
(4) Any other appropriate relief. 35
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