Kansas House Bill HB2158

Kansas 2023-2024 Regular Session

• Introduced: 1/24/23
• Refer: 1/24/23
• Failed: 4/30/24

Caption

Creating the campus free speech act to require each public postsecondary educational institution to adopt a policy of free expression.

Impact

The bill significantly impacts state laws regarding the management of free speech on college campuses, reinforcing the notion that public areas of educational institutions are to be considered traditional public forums open to free expression. By setting these guidelines, institutions must create clear policies outlining acceptable limitations on expression, which can include time, place, and manner restrictions that align with the goals of promoting safety and respect for the rights of all individuals on campus.

Summary

House Bill 2158 establishes the Campus Free Speech Act, which mandates public postsecondary educational institutions to adopt a policy that supports and upholds free expression on campus. This legislation is rooted in the belief that the primary function of educational institutions is the dissemination of knowledge through unfettered discourse, research, and debate. The bill requires educational leaders to ensure that free expression is protected and that students and faculty are allowed to engage in discussions even when they involve controversial or unwelcome ideas.

Contention

While the intent of HB 2158 is to bolster freedom of speech, it has generated notable contention among various stakeholders. Critics argue that the legislation may inadvertently encourage a hostile environment where marginalized voices could be drowned out under the guise of free expression. Proponents counter that restricting speech based on perceived discomfort undermines the educational mission and violates First Amendment rights. Furthermore, the legislation introduces a mechanism for both individuals and the attorney general to seek legal recourse against institutions for violations, raising concerns about potential litigiousness on campuses.