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HOUSE BILL No. 2333
AN ACT concerning education; relating to postsecondary educational institutions; enacting
the Kansas intellectual rights and knowledge act; providing a civil cause of action
and penalties for violations of such act; authorizing students and student associations
to exercise political and ideological beliefs, values and missions ; amending K.S.A.
60-5311, 60-5312 and 60-5313 and repealing the existing sections.
WHEREAS, Charlie Kirk was a courageous American whose life
was tragically and unjustly cut short in an act of political violence on
September 10, 2025, at Utah Valley University; and
WHEREAS, In 2012, Charlie Kirk, at 18 years old, founded Turning
Point USA, a student movement with the mission to "identify, educate,
train, and organize students to promote the principles of fiscal
responsibility, free markets and limited government"; and
WHEREAS, Charlie Kirk was a devoted Christian who boldly lived
out his faith with conviction, courage and compassion and used his
platform to encourage the free exchange of ideas, respectfully engaging
in public debates on college campuses across America, including on
college campuses in Kansas, as well as at foreign universities like
Oxford; and
WHEREAS, Charlie Kirk embodied the principles of the First
Amendment of the Constitution of the United States by exercising his
God-given right to speak freely and challenge prevailing narratives, and
he did so with honor, courage and respect for his fellow Americans,
serving as a role model for young Americans across the political
spectrum; and
WHEREAS, The assassination of Charlie Kirk was not only a
heinous act of violence but a sobering reminder of the growing threat
posed by political extremism and violence in our society; and
WHEREAS, Such acts of politically motivated violence are
antithetical to the principles of our nation, where differences of opinion
are not to be silenced but are to be debated with civility, reason and
mutual respect; and
WHEREAS, Leaders at every level, including government,
education, media and beyond, must stand united in unequivocal
condemnation of political violence, regardless of ideology; and
WHEREAS, The tragic loss of Charlie Kirk should serve as a
turning point to recommit ourselves to the timeless American principles
of liberty governed by truth and the virtues of peaceful dialogue; and
WHEREAS, The First Amendment of the United States Constitution
protects the rights of freedom of speech, freedom of the press, freedom
of religion, freedom of association and to petition the Government for
all citizens; and
WHEREAS, The Supreme Court has called public universities,
"peculiarly the marketplace of ideas," Healy v. James, 408 U.S. 169,
180 (1972), where young adults learn to exercise these constitutional
rights necessary to participate in our system of government and to
tolerate others' exercise of the same rights. There is "no room for the
view that…First Amendment protections should apply with less force
on college campuses than in the community at large," Healy, 408 U.S.
at 180; and
WHEREAS, College campuses should be bastions of intellectual
diversity, open debate and the free exchange of ideas, regardless of
political or ideological affiliation; and
WHEREAS, While speaking at Kansas State University on
September 13, 2024, Charlie Kirk's microphone was turned off while
he was still answering student questions, forcing him to continue his
event by dangerously walking into the crowd; and
WHEREAS, In 2022, the University of Kansas School of Law
attempted to suppress speakers for a student association based merely
on the viewpoint of the speakers invited on campus; and
WHEREAS, The legislature finds that public universities in this
state are failing to provide adequate safeguards for the First
Amendment rights of students, leading to a stifling of expression on
campus; and
WHEREAS, The legislature condemns the politically motivated
HOUSE BILL No. 2333—page 2
death of Charlie Kirk, all politically motivated violence and those who
celebrate such violence; and
WHEREAS, The legislature extends its condolences to Erika Kirk,
their two young children, the entire Kirk family and Turning Point USA
and all its subsidiaries in the loss of their husband, father, family
member and organizational leader; and
WHEREAS, The legislature has determined that a significant
amount of taxpayer dollars is appropriated to public institutions of
higher education each year and as such, this legislature must ensure that
all public institutions of higher education receiving state funds
recognize freedom of speech as a fundamental right for all.
Now, therefore:
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) This section shall be known and may be cited
as the Kansas intellectual rights and knowledge act or KIRK act.
(b) As used in the KIRK act:
(1) "Benefit" means recognition, registration, the use of
postsecondary educational institution facilities for meetings or speaking
purposes, use of channels of communication and funding sources that
are otherwise available to student associations at the postsecondary
educational institution.
(2) "Campus community" means students, administrators, faculty
and staff of a postsecondary educational institution. "Campus
community" includes invited guests of such students, administrators,
faculty and staff.
(3) "Expressive activity" means lawful verbal, written, audio-
visual or electronic means by which individuals may communicate
ideas to one another. "Expressive activity" includes, but is not limited
to, peaceful assembly, protests, speeches, guest speaker presentations,
distribution of literature, holding signs and circulating petitions.
(4) "Harassment" means expression that is unwelcome and so
severe, pervasive and subjectively and objectively offensive that a
student is effectively denied equal access to educational opportunities
or benefits provided by the postsecondary educational institution.
(5) (A) "Materially and substantially disrupt" means when an
individual, with the intent to do so or has knowledge of doing so,
significantly hinders another individual or group of individuals from
expressive activity, prevents communication of a message or
transaction of business of a lawful meeting, gathering or procession by:
(i) Engaging in fighting, violence or other unlawful behavior; or
(ii) physically blocking or using threats of violence to prevent any
individual from attending, hearing, viewing or otherwise participating
in an expressive activity.
(B) "Materially or substantially disrupt" does not include isolated,
minor, brief or fleeting nonviolent disruptions of events or conduct that
is protected under the First Amendment of the United States
Constitution or the Constitution of the State of Kansas, including, but
not limited to, lawful protests in outdoor areas of campus that are
generally accessible to members of the public unless reserved in
advance.
(6) "Outdoor areas of campus" means the generally accessible
outside areas of the campus of a postsecondary educational institution
where members of the campus community are commonly allowed.
"Outdoor areas of campus" includes, but is not limited to, grassy areas,
walkways or other similar common areas. "Outdoor areas of campus"
does not include outdoor areas where public access is restricted.
(7) "Postsecondary educational institution" means the same as
defined in K.S.A. 74-3201b, and amendments thereto.
(8) "Student" means any individual who is enrolled full time or
part time in a postsecondary educational institution.
(9) "Student association" means an officially recognized group at
a postsecondary educational institution or group seeking official
recognition that is compromised of admitted students and receives or is
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seeking to receive benefits through the postsecondary educational
institution.
(c) (1) Expressive activities are hereby deemed protected and
outdoor areas of campus are hereby deemed public forums for the
campus community to engage in expressive activities. Postsecondary
educational institutions shall not create free speech zones or other
designated areas of campus outside of which expressive activities are
prohibited.
(2) Postsecondary educational institutions may maintain and
enforce reasonable time, place and manner restrictions narrowly
tailored in service of a significant institutional interest only when such
restrictions are clear, the contents are published and viewpoint-neutral
and provide ample alternative means of expression. Any such
restrictions shall allow for the campus community to spontaneously and
contemporaneously assemble or distribute literature.
(3) Nothing in this subsection shall be construed as limiting the
right of student expression in campus spaces that are not outdoor areas
of campus.
(d) (1) Any individual who wishes to engage in non-commercial
expressive activity on campus shall be permitted to do so freely, so long
as the individual's conduct is lawful and does not materially and
substantially disrupt the functioning of the postsecondary educational
institution.
(2) Postsecondary educational institutions may charge security
fees to a student or student association as part of an application for any
expressive activity that requires a permit, except that no postsecondary
educational institution may charge security fees based on the content of
the expressive activity of the student, student association, an invited
guest or anticipated reaction to the expressive activity of such student,
student association or invited guest. The requirement or amount of any
such security fee shall only be determined on the basis of content-
neutral and viewpoint-neutral criteria, including, but not limited to, the
location of the activity, the anticipated size of the audience and whether
alcohol will be served. Each postsecondary educational institution shall
publish the criteria that such institution used for assessing such security
fee.
(3) Nothing in this subsection shall be construed to:
(A) Prevent postsecondary educational institutions from
maintaining and enforcing reasonable time, place and manner
restrictions on expressive activity if such restrictions are:
(i) Narrowly tailored to serve a significant institutional interest;
(ii) employ clear, published, content-neutral and viewpoint-neutral
criteria; and
(iii) allow the campus community to spontaneously and
contemporaneously assemble, speak or distribute literature;
(B) prevent postsecondary educational institutions from
prohibiting, limiting or restricting expression not protected by the First
Amendment of the Constitution of the United States or prohibiting
harassment; or
(C) enable individuals to engage in conduct that intentionally,
materially and substantially disrupts another individual's expressive
activity if such activity is occurring in a campus space that is reserved
for such activity under the exclusive use or control of such individual,
student or student association.
(e) Each postsecondary educational institution shall:
(1) Publish on its website and in any handbooks and orientation
programs, such institution's policies, regulations or expectations of
students regarding free expression on campus;
(2) develop materials, programs and procedures to ensure that any
individual who is responsible for student discipline or education,
including, but not limited to, administrators, campus police officers,
residence life officials and professors, understand the policies,
regulations and duties of the postsecondary educational institution
regarding free expression on campus; and
HOUSE BILL No. 2333—page 4
(3) (A) annually submit a report to the governor and the
legislature on or before the first day of the regular legislative session
that includes:
(i) The course of action implemented to comply with the
requirements of this act, including any changes or updates to such
course of action;
(ii) a description of any barriers to or incidents of disruptions of
expressive activity on campus, including, but not limited to, attempts to
block or prohibit speakers and investigations into any speech by
students or student associations. Such description shall include the
nature of each barrier or incident and any disciplinary action taken
against the campus community determined to be responsible for such
barrier or incident, but such description shall keep confidential any
personally identifiable information of each student involved; and
(iii) any other information that the postsecondary educational
institution deems valuable for the public to evaluate whether free
expression rights of all members of the campus community have been
equally protected and enforced as provided in this act.
(B) The report shall be accessible from the postsecondary
educational institution's website home page by use of not more than
three links, searchable by keywords and phrases and accessible to the
public without requiring registration or use of a username, password or
other identification measures.
(C) If a postsecondary educational institution has been sued for an
alleged violation of First Amendment rights, such institution shall
submit a supplementary report to the governor and the legislature that
includes a copy of the complaint or any amended complaint within 30
days of receiving notice that such complaint has been filed.
(f) (1) The attorney general or any individual whose expressive
rights were violated through violation of this act may bring an action
against a postsecondary educational institution and any agent of such
institution acting in an official capacity in a court of competent
jurisdiction to enjoin a violation of this act and recover damages,
reasonable court costs and attorney fees. If the court finds a violation of
this act in an action brought under this subsection, the court shall award
the aggrieved individuals damages in an amount of not less than $500
for the initial violation and $50 for each day that such violation
continues. The damages shall begin accruing the day immediately after
the complaint is served on the postsecondary educational institution. If
there are violations that harm multiple individuals, the court shall
divide the damages equitably.
(2) Each day that the violation continues and each day that a
policy in violation of this act remains in effect shall constitute a new
day of the violation.
(g) A postsecondary educational institution that violates this act is
not immune from suit or liability for such violation.
(h) The provisions of this act are severable. If any portion of the
act is declared unconstitutional or invalid, or the application of any
portion of the act to any person or circumstance is held unconstitutional
or invalid, the invalidity shall not affect other portions of the act that
can be given effect without the invalid portion or application, and the
applicability of such other portions of the act to any person or
circumstance shall remain valid and enforceable.
Sec. 2. K.S.A. 60-5311 is hereby amended to read as follows: 60-
5311. As used in K.S.A. 60-5311 through 60-5313, and amendments
thereto:
(a) "Benefit" means the following:
(1) Recognition;
(2) registration;
(3) the use of facilities of the postsecondary educational institution
for meetings or speaking purposes;
(4) the use of channels of communication of the postsecondary
educational institution; and
(5) funding sources that are otherwise available to other student
HOUSE BILL No. 2333—page 5
associations in the postsecondary educational institution.
(b) "Postsecondary educational institution" shall have the same
meaning as that term is means the same as defined in K.S.A. 74-3201b,
and amendments thereto.
(c) "Student" means any person individual who is enrolled on a
full-time or part-time basis full time or part time in a postsecondary
educational institution.
(d) "Religious Student association" means an association of
students organized around shared religious beliefs the same as defined
in section 1, and amendments thereto.
Sec. 3. K.S.A. 60-5312 is hereby amended to read as follows: 60-
5312. No postsecondary educational institution may take any action or
enforce any policy that would deny a religious , political or ideological
student association any benefit available to any other student
association, or discriminate against a religious , political or ideological
student association with respect to such benefit, based on such
association's requirement that the leaders or members of such
association:
(a) Adhere to the association's sincerely held religious, political or
ideological beliefs, values or mission;
(b) comply with the association's sincerely held religious, political
or ideological beliefs, values or mission;
(c) comply with the association's sincere religious standards of
conduct; or
(d) be committed to furthering the association's religious missions,
as such or purposes, including any religious , political or ideological
beliefs or values, observance requirements, standards of conduct or
missions are as defined by the religious student association, or the
religion on which the association is based.
Sec. 4. K.S.A. 60-5313 is hereby amended to read as follows: 60-
5313. Any student or religious student association aggrieved by a
violation of K.S.A. 60-5312, and amendments thereto, may bring a
cause of action against the postsecondary educational institution for
such violation and seek appropriate relief, including, but not limited to,
monetary damages. Any student or religious student association
aggrieved by a violation of K.S.A. 60-5312, and amendments thereto,
also may assert such violation as a defense or counterclaim in any civil
or administrative proceedings brought against such student or religious
student association.
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Sec. 5. K.S.A. 60-5311, 60-5312 and 60-5313 are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.