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Session of 2026
HOUSE BILL No. 2472
By Committee on Higher Education Budget
Requested by Representative Fairchild
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AN ACT concerning postsecondary educational institutions; enacting the
forming open and robust university minds act or FORUM Act;
prohibiting such institutions from certain actions concerning freedom
of speech, expression and association; providing exceptions thereto;
providing for monetary damages; requiring the submission of a report
to the legislature and the governor.
WHEREAS, The first amendment to the Constitution of the United
States and section 11 of the bill of rights of the Constitution of the State of
Kansas guarantee every citizen the right to freedom of speech, expression
and association and to petition the government; and
WHEREAS, The United States supreme court has emphasized that
public universities are the "marketplace of ideas" ( Healy v. James , 408
U.S. 169) and that suppressing student speech risks stagnating a free
society (Sweezy v. New Hampshire, 354 U.S. 234); and
WHEREAS, Specific policies on Kansas postsecondary educational
institution campuses , including the creation of free speech zones, prior
restraint through permit processes and preference toward affiliated
speakers, are inconsistent with constitutional protections; and
WHEREAS, It is essential to reaffirm that postsecondary educational
institutions funded by Kansas taxpayers must protect the expressive rights
of all students, faculty, staff and invited guests.
Now, therefore:
Be it enacted by the Legislature of the State of Kansas:
Section 1. This act shall be known and may be cited as the forming
open and robust university minds act or FORUM Act.
Sec. 2. As used in sections 1 through 10, and amendments thereto:
(a) "Benefit" means any of the following, when made available to
student organizations:
(1) Recognition;
(2) registration;
(3) use of facilities;
(4) channels of communication; and
(5) funding.
(b) "Campus community" includes students, administrators, faculty,
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staff and their invited guests.
(c) "Harassment" means only that conduct which is unwelcome and
so severe, pervasive and objectively offensive that it effectively denies a
student equal access to educational opportunities.
(d) "Materially and substantially disrupts" means behavior that
significantly hinders another person's expressive activity or lawful
gathering, involving violence, threats or physical obstruction. Minor or
fleeting nonviolent disruptions shall not meet this standard.
(e) "Outdoor areas of campus" means the generally accessible outside
spaces such as sidewalks, lawns and courtyards where the campus
community is typically permitted on a postsecondary educational
institution.
(f) "Postsecondary educational institution" or "institution" means any
public university, municipal university, community college and technical
college and includes any entity resulting from the consolidation or
affiliation of any two or more of such postsecondary educational
institutions.
(g) "Student" refers to anyone enrolled full time or part time in a
postsecondary educational institution.
(h) "Student organization" means any officially recognized group of
students, or group seeking recognition, that receives or seeks benefits.
Sec. 3. (a) All outdoor areas of campus shall be deemed public
forums.
(b) No institution shall restrict expression to designated free speech
zones.
(c) An institution may enforce time, place and manner restrictions
only if such restrictions:
(1) Are narrowly tailored to serve a compelling interest;
(2) are content-neutral and viewpoint-neutral;
(3) are published and clearly defined; and
(4) provide ample alternative means of expression.
Sec. 4. (a) Any person may engage in lawful, noncommercial
expressive activity in outdoor areas of campus without prior approval if
such person's conduct is lawful and does not materially and substantially
disrupt campus operations.
(b) An institution shall not:
(1) Require permits solely based on a speaker's affiliation;
(2) impose an advance notice requirement for spontaneous
assemblies;
(3) prioritize affiliated over nonaffiliated speakers; or
(4) use policies that function as de facto censorship.
Sec. 5. No postsecondary educational institution shall deny benefits
to student organizations based on:
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(a) Such organization's mission or beliefs;
(b) standards for leadership or membership; or
(c) adherence to organizational values.
Sec. 6. Each postsecondary educational institution shall:
(a) Publish all speech-related policies online and in student
handbooks;
(b) provide training on such policies to faculty, staff and campus law
enforcement; and
(c) on or before January 11, 2027, and the first day of each regular
session of the legislature thereafter, submit a report to the legislature and
the governor on the following matters that occurred in the previous fiscal
year:
(1) Any speech restrictions enforced;
(2) any incidents of speech disruption or censorship;
(3) legal actions filed and the outcomes of such filings pursuant to
section 7, and amendments thereto;
(4) number and dollar amounts of monetary damages and amounts of
attorney fees and court costs;
(5) policy updates or reforms undertaken; and
(6) any other information concerning this act that is deemed pertinent
by the institution.
Sec. 7. (a) Any person or student organization aggrieved under this
act may file an action in district court against the institution or relevant
officials for declaratory relief or to enjoin the violation.
(b) An action under this section shall be filed in the district court of
the county where the postsecondary educational institution's primary
campus is located. The district court of any county shall have jurisdiction
to enforce any order or finding of violation. If the district court finds that a
postsecondary educational institution has violated this act, the district
court shall enter an order:
(1) Requiring the institution to comply with this act;
(2) imposing monetary damages in an amount of not more than
$5,000 for each violation; and
(3) requiring the institution to pay the attorney fees and court costs
incurred in enforcing the violation if the court finds that the institution's
violation was not made in good faith and was made without a reasonable
basis in fact or law.
Sec. 8. (a) The statute of limitations for claims under this act shall be
one year from the date of the violation.
(b) The limitations period shall renew each day that an
unconstitutional policy remains in effect.
(c) The protections under this act shall apply regardless of whether
the expression originates on campus or off campus if such expression does
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not violate current law.
Sec. 9. (a) No postsecondary educational institution shall discipline,
penalize or otherwise retaliate against a student, student organization,
faculty member or staff for expressive activity conducted online, whether
on social media, in email, on websites or other digital platforms, if such
activity is protected under the first amendment to the constitution of the
United States and section 11 of the bill of rights of the constitution of the
state of Kansas and conducted in person.
(b) Student organizations shall not be denied benefits based on such
organization's expression or opinions shared through official or affiliated
social media, in email, on websites or other digital platforms.
(c) Any disciplinary action or investigation based on online speech
shall meet the same threshold as on-campus speech.
(d) Public institutions shall not require students or student
organizations to obtain approval for digital content before publication.
(e) Institutions shall not impose mandatory review processes on
online material unless such review is narrowly tailored to address a
compelling interest, such as threats of violence or unlawful conduct.
(f) All incidents involving regulation or disciplinary response to
online student or organizational speech shall be included in the annual
report required pursuant section 6, and amendments thereto. Such annual
report shall also included:
(1) A description of the online content at issue;
(2) the rationale for any institutional action taken; and
(3) the outcome of the matter.
Sec. 10. If any provision of this act or application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this act that can be given effect without the
invalid provision or application, and to this end, the provisions of this act
are declared to be severable.
Sec. 11. This act shall take effect and be in force from and after its
publication in the statute book.
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