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Illinois Senate Bill SB1865

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1865 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1865 Introduced 2/5/2025, by Sen. Chris Balkema SYNOPSIS AS INTRODUCED: New Act Creates the Campus Free Speech Act. Requires the governing board of each public university and community college to develop and adopt a policy on free expression; sets forth what the policy must contain. Requires the Board of Higher Education to create a Committee on Free Expression to issue an annual report. Requires public institutions of higher education to include in their freshman orientation programs a section describing to all students the policies and rules regarding free expression that are consistent with the Act. Contains provisions concerning rules, construction of the Act, and enforcement. LRB104 08881 LNS 18936 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1865 Introduced 2/5/2025, by Sen. Chris Balkema SYNOPSIS AS INTRODUCED: New Act New Act Creates the Campus Free Speech Act. Requires the governing board of each public university and community college to develop and adopt a policy on free expression; sets forth what the policy must contain. Requires the Board of Higher Education to create a Committee on Free Expression to issue an annual report. Requires public institutions of higher education to include in their freshman orientation programs a section describing to all students the policies and rules regarding free expression that are consistent with the Act. Contains provisions concerning rules, construction of the Act, and enforcement. LRB104 08881 LNS 18936 b LRB104 08881 LNS 18936 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1865 Introduced 2/5/2025, by Sen. Chris Balkema SYNOPSIS AS INTRODUCED:
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55 Creates the Campus Free Speech Act. Requires the governing board of each public university and community college to develop and adopt a policy on free expression; sets forth what the policy must contain. Requires the Board of Higher Education to create a Committee on Free Expression to issue an annual report. Requires public institutions of higher education to include in their freshman orientation programs a section describing to all students the policies and rules regarding free expression that are consistent with the Act. Contains provisions concerning rules, construction of the Act, and enforcement.
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1313 1 AN ACT concerning education.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 1. Short title. This Act may be cited as the Campus
1717 5 Free Speech Act.
1818 6 Section 5. Legislative findings. The General Assembly
1919 7 finds the following:
2020 8 (1) Section 4 of Article I of the Illinois
2121 9 Constitution recognizes that "all persons may speak, write
2222 10 and publish freely, being responsible for the abuse of
2323 11 that liberty. In trials for libel, both civil and
2424 12 criminal, the truth, when published with good motives and
2525 13 for justifiable ends, shall be a sufficient defense".
2626 14 (2) Public institutions of higher education have
2727 15 historically embraced a commitment to freedom of
2828 16 expression in policy.
2929 17 (3) In recent years, some public institutions of
3030 18 higher education have abdicated their responsibility to
3131 19 uphold free-speech principles, and these failures make it
3232 20 appropriate for all public institutions of higher
3333 21 education to restate and confirm their commitment in this
3434 22 regard.
3535 23 (4) In 1974, the Committee on Free Expression at Yale
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4242 Creates the Campus Free Speech Act. Requires the governing board of each public university and community college to develop and adopt a policy on free expression; sets forth what the policy must contain. Requires the Board of Higher Education to create a Committee on Free Expression to issue an annual report. Requires public institutions of higher education to include in their freshman orientation programs a section describing to all students the policies and rules regarding free expression that are consistent with the Act. Contains provisions concerning rules, construction of the Act, and enforcement.
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7676 1 University issued a statement known as the Woodward Report
7777 2 that stands as a classic defense of free expression on
7878 3 campuses; in 2015, the Committee on Freedom of Expression
7979 4 at the University of Chicago issued a similar and widely
8080 5 respected report; and in 1967, the Kalven Committee Report
8181 6 of the University of Chicago articulated the principle of
8282 7 institutional neutrality regarding political and social
8383 8 issues and the essential role of such neutrality in
8484 9 protecting freedom of thought and expression at
8585 10 universities. The principles affirmed by these 3 highly
8686 11 regarded reports are inspiring articulations of the
8787 12 critical importance of free expression in higher
8888 13 education.
8989 14 (5) The General Assembly views freedom of expression
9090 15 as being of critical importance and requires that each
9191 16 public institution of higher education ensure free,
9292 17 robust, and uninhibited debate and deliberation by
9393 18 students of public institutions whether on or off campus.
9494 19 (6) The General Assembly has determined that it is a
9595 20 matter of statewide concern that all public institutions
9696 21 of higher education officially recognize freedom of speech
9797 22 as a fundamental right.
9898 23 Section 10. Definition. In this Act, "public institution"
9999 24 means a public university or public community college in this
100100 25 State.
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111111 1 Section 15. Policy on free expression required. The board
112112 2 of trustees of a public institution shall develop and adopt a
113113 3 policy on free expression that contains, at least, the
114114 4 following:
115115 5 (1) A statement that the primary function of an
116116 6 institution of higher education is the discovery,
117117 7 improvement, transmission, and dissemination of knowledge
118118 8 by means of research, teaching, discussion, and debate.
119119 9 This statement shall provide that, to fulfill this
120120 10 function, the institution must strive to ensure the
121121 11 fullest degree of intellectual freedom and free
122122 12 expression.
123123 13 (2) A statement that it is not the proper role of the
124124 14 institution to shield individuals from speech protected by
125125 15 the First Amendment, including, without limitation, ideas
126126 16 and opinions they find unwelcome, disagreeable, or even
127127 17 deeply offensive.
128128 18 (3) A statement that students and faculty have the
129129 19 freedom to discuss any problem that presents itself, as
130130 20 the First Amendment permits and within the limits of
131131 21 reasonable viewpoint and content-neutral restrictions on
132132 22 time, place, and manner of expression that are consistent
133133 23 with this Act and that are necessary to achieve a
134134 24 significant institutional interest; provided that these
135135 25 restrictions are clear, are published, and provide ample
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146146 1 alternative means of expression. Students and faculty
147147 2 shall be permitted to assemble and engage in spontaneous
148148 3 expressive activity as long as the activity is not
149149 4 unlawful and does not materially and substantially disrupt
150150 5 the functioning of the institution, subject to the
151151 6 requirements of this Act.
152152 7 (4) A statement that the campuses of the institution
153153 8 are open to speakers invited by students, student groups,
154154 9 or members of the faculty without regard to viewpoint or
155155 10 content of the proposed speech. If a fee applies to a
156156 11 speech by an invited speaker, the inviting students,
157157 12 student groups, or members of the faculty may not be
158158 13 charged greater or lesser amounts based on the viewpoint,
159159 14 content, or expected reaction to the speech.
160160 15 (5) A statement that the outdoor public areas of
161161 16 campuses of the institution are designated public forums,
162162 17 open on the same terms to any speaker, and that any person
163163 18 lawfully present on campus may leaflet, protest, or
164164 19 demonstrate in those outdoor public areas.
165165 20 (6) A provision setting forth the affirmative steps
166166 21 that the institution will take to protect the free-speech
167167 22 rights of invited speakers.
168168 23 (7) A provision that, in all disciplinary cases
169169 24 involving expressive conduct, students are entitled to a
170170 25 disciplinary hearing under published procedures. When
171171 26 suspension for longer than 30 days or expulsion are
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182182 1 potential penalties, students are entitled to the right to
183183 2 active assistance of counsel.
184184 3 (8) A statement that the institution may not take
185185 4 action, as an institution, on the public policy
186186 5 controversies of the day in such a way as to require
187187 6 students or faculty to publicly espouse any given
188188 7 viewpoint, provided that the institution may prescribe the
189189 8 content of its curriculum.
190190 9 (9) A statement that this policy supersedes and
191191 10 nullifies any prior provisions in the policies and
192192 11 regulations of the institution that restrict speech on
193193 12 campus and are, therefore, inconsistent with this policy
194194 13 on free expression. The institution shall remove or revise
195195 14 any such provisions in its policies and regulations to
196196 15 ensure compatibility with this policy on free expression.
197197 16 Section 20. Committee on Free Expression.
198198 17 (a) The Board of Higher Education shall create a single
199199 18 Committee on Free Expression consisting of all of the
200200 19 following members, all of whom shall serve without
201201 20 compensation:
202202 21 (1) One member representing the University of Illinois
203203 22 at Urbana-Champaign, appointed by the university's board
204204 23 of trustees.
205205 24 (2) One member representing the University of Illinois
206206 25 at Springfield, appointed by the university's board of
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217217 1 trustees.
218218 2 (3) One member representing the University of Illinois
219219 3 at Chicago, appointed by the university's board of
220220 4 trustees.
221221 5 (4) One member representing Southern Illinois
222222 6 University at Carbondale, appointed by the university's
223223 7 board of trustees.
224224 8 (5) One member representing Southern Illinois
225225 9 University at Edwardsville, appointed by the university's
226226 10 board of trustees.
227227 11 (6) One member representing Western Illinois
228228 12 University, appointed by the university's board of
229229 13 trustees.
230230 14 (7) One member representing Eastern Illinois
231231 15 University, appointed by the university's board of
232232 16 trustees.
233233 17 (8) One member representing Illinois State University,
234234 18 appointed by the university's board of trustees.
235235 19 (9) One member representing Northern Illinois
236236 20 University, appointed by the university's board of
237237 21 trustees.
238238 22 (10) One member representing Chicago State University,
239239 23 appointed by the university's board of trustees.
240240 24 (11) One member representing Governors State
241241 25 University, appointed by the university's board of
242242 26 trustees.
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253253 1 (12) One member representing Northeastern Illinois
254254 2 University, appointed by the university's board of
255255 3 trustees.
256256 4 (13) Three members representing public community
257257 5 colleges, appointed by the Illinois Community College
258258 6 Board at its discretion.
259259 7 (14) Four members representing faculty members, 2
260260 8 appointed by the Board of Higher Education and 2 appointed
261261 9 by the Illinois Community College Board.
262262 10 (15) Four members representing students, 2 appointed
263263 11 by the Board of Higher Education and 2 appointed by the
264264 12 Illinois Community College Board.
265265 13 (b) The Committee on Free Expression shall meet initially
266266 14 at the call of the Chairperson of the Board of Higher
267267 15 Education, shall select one member as chairperson at its
268268 16 initial meeting, and shall thereafter meet at the call of that
269269 17 chairperson. The Board of Higher Education shall provide
270270 18 administrative and other support to the Committee.
271271 19 (c) The Committee on Free Expression shall report to the
272272 20 public, the Board of Higher Education, the Governor, and the
273273 21 General Assembly on September 1 of every year. The report
274274 22 shall include all of the following:
275275 23 (1) A description of any barriers to or disruptions of
276276 24 free expression within public institutions.
277277 25 (2) A description of the administrative handling and
278278 26 discipline relating to these disruptions or barriers.
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289289 1 (3) A description of substantial difficulties,
290290 2 controversies, or successes in maintaining a posture of
291291 3 administrative and institutional neutrality with regard to
292292 4 political or social issues.
293293 5 (4) Any assessments, criticisms, commendations, or
294294 6 recommendations the committee sees fit to include.
295295 7 Section 25. Freshman orientation information. Public
296296 8 institutions shall include in their freshman orientation
297297 9 programs a section describing to all students the policies and
298298 10 rules regarding free expression that are consistent with this
299299 11 Act.
300300 12 Section 30. Rules; construction of Act. The Board of
301301 13 Higher Education is authorized to adopt rules to further the
302302 14 purposes of the policies adopted pursuant to this Act. Nothing
303303 15 in this Act shall be construed to prevent public institutions
304304 16 from regulating student speech or activity that is prohibited
305305 17 by other federal, State, or local laws.
306306 18 Section 35. Enforcement. The following persons may bring
307307 19 an action in a court of competent jurisdiction to enjoin any
308308 20 violation of this Act or to recover reasonable court costs and
309309 21 attorney's fees:
310310 22 (1) The Attorney General.
311311 23 (2) A person whose expressive rights are violated by a
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