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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1322*
HOUSE BILL 1322
F2 6lr2069
By: Delegates Grammer, Arikan, Chisholm, Fisher, M. Morgan, Nawrocki, and
Szeliga
Introduced and read first time: February 12, 2026
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Higher Education – Freedom of Expression on Campus – Protection 2
(Maryland Campus Area Free Expression Act) 3
FOR the purpose of specifying that certain areas on campuses of public institutions of 4
higher education are public forums subject to certain restrictions and requirements; 5
authorizing members of the campus community to engage in certain expressive 6
activity on campus ; authorizing the Attorney General or a person aggrieved by a 7
certain violation to bring an action against a public institution of higher education 8
and certain employees; requiring a court to grant a certain award if it finds that a 9
certain violation has occurred; authorizing a court to grant certain relief if the court 10
finds that a certain violation has occurred; requiring an aggrieved person to bring an 11
action within a certain period of time; and generally relating to the protection of free 12
expression on the campuses of public institutions of higher education. 13
BY adding to 14
Article – Education 15
Section 15–141 16
Annotated Code of Maryland 17
(2022 Replacement Volume and 2025 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Education 21
15–141. 22
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 23
INDICATED. 24
2 HOUSE BILL 1322
(2) “CAMPUS COMMUNITY ” MEANS THE STUDENTS , 1
ADMINISTRATORS, FACULTY, STAFF, AND INVITED GUESTS O F A PUBLIC 2
INSTITUTION OF HIGHER EDUCATION. 3
(3) (I) “EXPRESSIVE ACTIVITY” MEANS ANY LAWFUL ORA L, 4
WRITTEN, AUDIO–VISUAL, OR ELECTRONIC MEANS BY WHICH INDIVIDUALS 5
COMMUNICATE IDEAS TO ONE ANOTHER. 6
(II) “EXPRESSIVE ACTIVITY” INCLUDES PEACEFUL ASSEMBLY, 7
PROTESTS, SPEECHES, THE DISTRIBUTION OF LITE RATURE, CARRYING SIGNS , 8
CIRCULATING PETITIONS, AND AUDIO–VISUAL RECORDING AND PUBLICATION. 9
(B) (1) ANY OUTDOOR AREA LOCA TED ON ANY CAMPUS OF A PUBLIC 10
INSTITUTION OF HIGHER EDUCATION SHALL BE CONSIDERED A PUBLIC FORUM FOR 11
MEMBERS OF THE CAMPUS COMMUNITY. 12
(2) A PUBLIC INSTITUTION OF HIGHER EDUCATION MAY NOT 13
DESIGNATE ANY AREA OF ITS CAMPUS AS A “FREE SPEECH ZONE ” OR OTHERWISE 14
CREATE POLICIES TO RESTRICT EXPRESSIVE ACTIVITIES TO A PARTICULAR AREA OF 15
CAMPUS. 16
(C) A PUBLIC INSTITUTION OF HIGHER EDUCATION MAY MAINTAIN AND 17
ENFORCE TIME, PLACE, AND MANNER RESTRICTIONS ON EXPRESSIVE ACTIVITY IN 18
THE PUBLICLY ACCESSIBLE OUTDOOR A REAS OF CAMPUS AND I N INDOOR 19
LOCATIONS THAT THE INSTITUTION HAS OPENED FOR EXPRESSIVE ACTIVITY ONLY 20
IF THE RESTRICTIONS ARE: 21
(1) REASONABLE; 22
(2) IN FURTHERANCE OF A SIGNIFICANT INSTITUTIONAL INTEREST; 23
(3) EMPLOY CLEAR , PUBLISHED, CONTENT– AND 24
VIEWPOINT–NEUTRAL CRITERIA; 25
(4) PROVIDE FOR AMPLE ALTERNATIVE MEANS OF EXPRESSION; AND 26
(5) ALLOW FOR MEMBERS OF TH E CAMPUS COMMUNITY T O 27
SPONTANEOUSLY AND CO NTEMPORANEOUSLY ASSE MBLE AND DISTRIBUTE 28
LITERATURE. 29
(D) (1) SUBJECT TO THE REQUIR EMENTS OF SUBSECTION (C) OF THIS 30
SECTION, A MEMBER OF THE CAMPUS COMMUNITY MAY ENGAGE IN 31
HOUSE BILL 1322 3
NONCOMMERCIAL EXPRESSIVE ACTIVITY FREELY ON CAMPUS PROVIDED THAT THE 1
CAMPUS MEMBER ’S CONDUCT AND DOES NOT MATERIALLY AND SUBST ANTIALLY 2
DISRUPT THE FUNCTIONING OF THE INSTITUTION. 3
(2) A MEMBER OF THE CAMPUS COMMUNITY MAY NOT ENGAGE IN 4
CONDUCT, WITH THE INTENT TO OR KNOWLEDGE OF DOING SO, THAT, MATERIALLY 5
AND SUBSTANTIALLY DISRUPTS ANOTHER INDIVIDUAL’S OR GROUP ’S EXPRESSIVE 6
ACTIVITY, PREVENTS THE COMMUNI CATION OF THE MESSAG E OR PREVENTS THE 7
TRANSACTION OF THE B USINESS OF A LAWFUL MEETING, GATHERING, OR 8
PROCESSION BY: 9
(I) ENGAGING IN FIGHTING , VIOLENCE, OR SERIOUSLY 10
DISRUPTIVE BEHAVIOR; OR 11
(II) PHYSICALLY BLOCKING O R SIGNIFICANTLY HIND ERING 12
ANOTHER INDIVIDUAL’S ABILITY TO ATTEND, LISTEN TO, VIEW, OR PARTICIPATE IN 13
AN EXPRESSIVE ACTIVITY. 14
(3) NOTHING IN THIS SUBSECTION MAY BE CONSTRUED TO INCLUDE 15
CONDUCT THAT IS PROT ECTED UNDER THE FIRST AMENDMENT OF THE U.S. 16
CONSTITUTION OR ARTICLE 40 OF THE DECLARATION OF RIGHTS OF THE 17
MARYLAND CONSTITUTION, INCLUDING: 18
(I) LAWFUL PROTESTS AND C OUNTER PROTESTS IN T HE 19
OUTDOOR AREAS OF CAMPUS THAT ARE GENERALLY ACCESSIBLE TO THE MEMBERS 20
OF THE PUBLIC, PROVIDED THAT THOSE AREAS WERE NOT RESERVED IN ADVANCE 21
FOR OTHER EVENTS; AND 22
(II) MINOR, BRIEF, OR FLEETING NONVIOLE NT DISRUPTIONS 23
OF EVENTS THAT ARE ISOLATED AND SHORT IN DURATION. 24
(E) (1) A PUBLIC INSTITUTION O F HIGHER EDUCATION M AY REQUIRE A 25
PERMIT FROM ANY INDI VIDUAL OR GROUP AS A CONDITION OF BEING G RANTED 26
EXCLUSIVE CONTROL OF A LOCATION FOR ITS EXPRESSIVE ACTIVITY AT A RESERVED 27
TIME. 28
(2) THE PERMITTING PROCESS MAY NOT BE OVERLY BURDENSOME. 29
(3) APPLICATIONS FOR PERM ITS SHALL BE EVALUAT ED SOLELY 30
USING PUBLISHED CONTENT– AND VIEWPOINT–NEUTRAL CRITERIA. 31
(F) (1) SUBJECT TO PARAGRAPHS (2) THROUGH (4) OF THIS 32
SUBSECTION, A PUBLIC INSTITUTION OF HIGHER EDUCATION MAY C HARGE 33
4 HOUSE BILL 1322
SECURITY FEES AS PAR T OF AN APPLICATION FOR EXPRESSIVE ACTIV ITIES THAT 1
REQUIRE A PERMIT. 2
(2) A PUBLIC INSTITUTION OF HIGHER EDUCATION MAY NOT CHARGE 3
SECURITY FEES BASED ON THE CONTENT OF EX PRESSION OR THE ANTICIPATED 4
REACTION TO THE EXPRESSION. 5
(3) WHETHER A SECURITY FE E IS REQUIRED AND TH E AMOUNT OF 6
THE SECURITY FEE SHA LL BE DETERMINED BAS ED ON CONTENT – AND 7
VIEWPOINT–NEUTRAL CRITERIA , INCLUDING THE TIME O F THE EVENT , THE 8
LOCATION OF THE EVENT, THE ANTICIPATED SIZE OF THE INVITED AUDIENCE, AND 9
WHETHER ALCOHOL WILL BE SERVED. 10
(4) A PUBLIC INSTITUTION O F HIGHER EDUCATION T HAT CHARGES 11
SECURITY FEES SHALL PUBLISH THE CRITERIA USED TO ASSESS THE FEES. 12
(G) A PUBLIC INSTITUTION O F HIGHER EDUCATION MAY PROVIDE 13
RESOURCES TO STUDENT S THAT ARE AFFECTED BY SPEECH THAT CANNOT BE 14
SANCTIONED UNDER THE FIRST AMENDMENT TO THE U.S. CONSTITUTION, 15
ARTICLE 40 OF THE DECLARATION OF RIGHTS OF THE MARYLAND CONSTITUTION, 16
OR THIS SECTION , AND MAY TAKE OTHER NONPUNITIVE AC TIONS THAT FOSTER 17
RESILIENCE OR ACHIEVE PEDAGOGICAL GOALS. 18
(H) (1) THE ATTORNEY GENERAL OR ANY PERSON AGGRIEVED BY A 19
VIOLATION OF THIS SE CTION MAY BRING AN A CTION AGAINST A PUBLIC 20
INSTITUTION OF HIGHER EDUCATION AND ANY OF ITS EMPLOYEES ACTING IN THEIR 21
OFFICIAL CAPACITIES WHO ARE RESPONSIBLE FOR THE VIOLATION. 22
(2) (I) IF A COURT FINDS THAT A PUBLIC INSTITUTION OF HIGHER 23
EDUCATION OR ANY OF ITS EMPLOYEES ACTING IN THEIR OFFICIAL CA PACITIES 24
VIOLATED THIS SECTION, THE COURT SHALL ISSUE AN AWARD TO THE AG GRIEVED 25
INDIVIDUAL OF: 26
1. $500 OR GREATER FOR THE INITIAL VIOLATION; 27
2. $50 FOR EACH DAY THAT THE VIOLATION REMAIN S 28
ONGOING, BEGINNING THE DAY AFTER THE CO MPLAINT IS SERVED TO THE 29
INSTITUTION OF HIGHER EDUCATION; AND 30
3. ANY OTHER RELIEF THE COURT DEEMS 31
APPROPRIATE, INCLUDING COMPENSATORY DAMAGES, REASONABLE COURT COSTS, 32
AND ATTORNEY’S FEES. 33
HOUSE BILL 1322 5
(II) THE TOTAL AMOUNT OF CIVIL PENALTIES I MPOSED ON A 1
PUBLIC INSTITUTION OF HIGHER EDUCATION IN AN ACTION UNDER T HIS SECTION 2
MAY NOT EXCEED $100,000, EXCLUDING COURT COSTS AND ATTORNEY’S FEES. 3
(III) FOR VIOLATIONS WITH M ULTIPLE AGGRIEVED 4
INDIVIDUALS, THE COURT SHALL DIVIDE THE AWARD EQUITABLY. 5
(3) (I) ANY ACTION ALLEGING A VIOLATION OF THIS SE CTION 6
SHALL BE FILED WITHI N 1 YEAR AFTER THE DATE ON WHICH THE ALLEGED 7
VIOLATION OCCURS. 8
(II) EACH DAY THAT THE ALLEGED VIOLATION OF THIS SECTION 9
PERSISTS, AND EACH DAY THAT A POLICY IN VIOLATION OF THIS SECTION REMAINS 10
IN EFFECT, SHALL CONSTITUTE A NEW DAY THAT THE CAUSE OF ACTION ACCRUES. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
1, 2026. 13