Charlie Kirk Campus Free Speech and Safety Act; create.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Hobgood-Wilkes

HOUSE BILL NO. 1199

AN ACT TO CREATE THE CHARLIE KIRK CAMPUS FREE SPEECH AND 1
SAFETY ACT; TO DEFINE CERTAIN TERMS RELATING TO THIS ACT; TO 2
PROVIDE THAT THE OUTDOOR AREAS OF CAMPUSES OF PUBLIC INSTITUTIONS 3
OF HIGHER EDUCATION IN THIS STATE SHALL BE DEEMED PUBLIC FORUMS 4
FOR THE CAMPUS COMMUNITY; TO PROHIBIT PUBLIC INSTITUTIONS OF 5
HIGHER EDUCATION FROM CREATING FREE SPEECH ZONES OR OTHER 6
DESIGNATED AREAS OF CAMPUS OUTSIDE OF WHICH EXPRESSIVE ACTIVITIES 7
ARE PROHIBITED; TO PROVIDE THAT ANY PERSON WHO WISHES TO ENGAGE IN 8
NONCOMMERCIAL EXPRESSIVE ACTIVITY ON CAMPUS SHALL BE PERMITTED TO 9
DO SO FREELY, AS LONG AS THE PERSON'S CONDUCT IS NOT UNLAWFUL AND 10
DOES NOT MATERIALLY AND SUBSTANTIALLY DISRUPT THE FUNCTIONING OF 11
THE PUBLIC INSTITUTION OF HIGHER EDUCATION; TO PROHIBIT PUBLIC 12
INSTITUTIONS OF HIGHER EDUCATION FROM DENYING A RELIGIOUS, 13
POLITICAL OR IDEOLOGICAL STUDENT ORGANIZATION ANY BENEFIT OR 14
PRIVILEGE AVAILABLE TO ANY OTHER STUDENT ORGANIZATION; TO REQUIRE 15
PUBLIC INSTITUTIONS OF HIGHER EDUCATION TO MAKE PUBLIC IN THEIR 16
HANDBOOKS, ON THEIR WEBSITES, AND THROUGH THEIR ORIENTATION 17
PROGRAMS FOR STUDENTS THE POLICIES, REGULATIONS, AND EXPECTATIONS 18
OF STUDENTS REGARDING FREE EXPRESSION ON CAMPUS; TO REQUIRE EACH 19
PUBLIC INSTITUTION OF HIGHER EDUCATION TO PUBLICLY POST ON THEIR 20
WEBSITE, AS WELL AS SUBMIT TO BOTH THE GOVERNOR AND LEGISLATURE 21
THIRTY DAYS PRIOR TO THE BEGINNING OF THE REGULAR LEGISLATIVE 22
SESSION, A REPORT WHICH WILL DETAIL THE COURSE OF ACTION 23
IMPLEMENTED TO BE IN COMPLIANCE WITH THE REQUIREMENTS OF THIS ACT; 24
TO AUTHORIZE ANY PERSON OR STUDENT ASSOCIATION AGGRIEVED BY A 25
VIOLATION OF THIS ACT TO BRING AN ACTION AGAINST THE PUBLIC 26
INSTITUTION OF HIGHER EDUCATION AND ITS EMPLOYEES ACTING IN THEIR 27
OFFICIAL CAPACITIES, RESPONSIBLE FOR THE VIOLATION AND SEEK 28
APPROPRIATE RELIEF; TO PROVIDE THAT A PERSON IS REQUIRED TO BRING 29
SUIT FOR VIOLATION OF THIS ACT NOT LATER THAN ONE YEAR AFTER THE 30
DAY THE CAUSE OF ACTION ACCRUES; AND FOR RELATED PURPOSES. 31
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 32
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SECTION 1. This act shall be known and may be cited as the 33
"Charlie Kirk Campus Free Speech and Safety Act". 34
SECTION 2. The following words and phrases have the meanings 35
as provided in this section unless the context clearly indicates 36
otherwise: 37
(a) "Benefit" means the following: (1) recognition; 38
(2) registration; (3) the use of facilities of the institution of 39
higher education for meetings or speaking purposes; (4) the use of 40
channels of communication; and (5) funding sources that are 41
otherwise available to other student organizations at the public 42
institution of higher education. 43
(b) "Campus community" means students, administrators, 44
faculty and staff at the institution of higher education and their 45
invited guests. 46
(c) "Child pornography" means any material or 47
expression depicting or describing a child engaged in sexually 48
explicit conduct as those terms are defined in Section 97-5-31. 49
(d) "Harassment" means only that expression that is 50
unwelcome, so severe, pervasive, and subjectively and objectively 51
offensive, that a student is effectively denied equal access to 52
educational opportunities or benefits provided by the public 53
institution of higher education. 54
(e) "Material harmful to minors" has the same meaning 55
as provided under Section 11-77-3. 56
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(f) "Materially and substantially disrupts" means when 57
a person, with the intent to or with knowledge of doing so, 58
significantly hinders another person's or group's expressive 59
activity, prevents the communication of the message, or prevents 60
the transaction of the business of a lawful meeting, gathering, or 61
procession by: 62
(i) Engaging in fighting, violent, or other 63
unlawful behavior; or 64
(ii) Physically blocking or using threats of 65
violence, shouting, noise, flashing lights, or other means to 66
prevent any person from attending, listening to, viewing, or 67
otherwise participating in an expressive activity. Conduct that 68
"materially and substantially disrupts" shall not include conduct 69
that is protected under the First Amendment to the United States 70
Constitution or [State Constitution citation]. Such protected 71
conduct includes, but is not limited to, lawful protests in the 72
outdoor areas of campus generally accessible to the members of the 73
public (except during times when those areas have been reserved in 74
advance for other events), or minor, brief, or fleeting nonviolent 75
disruptions of events that are isolated and short in duration. 76
(g) "Obscenity" has the same meaning as provided under 77
Section 97-29-103(1). 78
(h) "Outdoor areas of campus" means the generally 79
accessible outside areas of campus where members of the campus 80
community are commonly allowed, such as grassy areas, walkways or 81
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other similar common areas and does not include outdoor areas 82
where access is restricted for a majority of the campus community. 83
(i) "Public institution of higher education" means any 84
public technical institute, public junior college, public senior 85
college or university, law school, medical or dental school, 86
public state college, or other agency of higher education. 87
(j) "Student" means any person who is enrolled on a 88
full-time or part-time basis in a public institution of higher 89
education. 90
(k) "Student organization" means an officially 91
recognized group at a public institution of higher education, or a 92
group seeking official recognition, comprised of admitted students 93
that receive, or are seeking to receive, benefits through the 94
institution of higher education as defined in this section. 95
SECTION 3. (1) Expressive activities protected under the 96
provisions of this act include, but are not limited to, any lawful 97
verbal, written, audio-visual, or electronic means by which 98
individuals may communicate ideas to one another, including all 99
forms of peaceful assembly, protests, speeches and guest speakers, 100
distribution of literature, carrying signs, and circulating 101
petitions. 102
(2) Notwithstanding any other provision of this act, this 103
act does not apply: 104
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(a) To the decisions by the governing authority of the 105
public institution of higher education, its administrators, or 106
faculty about the content of curriculum; 107
(b) To expressive activities engaged in or sponsored by 108
the public institution of higher education for the purpose of 109
conveying its own message; or, 110
(c) To any expressive activities that students, 111
parents, and members of the public might reasonably perceive to 112
bear the imprimatur of the public institution of higher education. 113
SECTION 4. The outdoor areas of campuses of public 114
institutions of higher education in this state shall be deemed 115
public forums for the campus community, and public institutions of 116
higher education shall not create "free speech zones" or other 117
designated areas of campus outside of which expressive activities 118
are prohibited. Public institutions of higher education may 119
maintain and enforce reasonable time, place and manner 120
restrictions narrowly tailored in service of a significant 121
institutional interest only when such restrictions employ clear, 122
published, content- and viewpoint-neutral criteria, and provide 123
for ample alternative means of expression. Any such restrictions 124
shall allow for members of the campus community to spontaneously 125
and contemporaneously assemble and distribute literature. 126
Nothing in this section shall be interpreted as limiting the 127
right of student expression elsewhere on campus. 128
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SECTION 5. Any person who wishes to engage in noncommercial 129
expressive activity on campus shall be permitted to do so freely, 130
as long as the person's conduct is not unlawful and does not 131
materially and substantially disrupt the functioning of the public 132
institution of higher education, subject only to the requirements 133
of this act. 134
Nothing in this section shall prohibit public institutions of 135
higher education from maintaining and enforcing reasonable time, 136
place and manner restrictions that are narrowly tailored to serve 137
a significant institutional interest only when such restrictions 138
employ clear, published, content and viewpoint-neutral criteria. 139
Any such restrictions shall allow for members of the campus 140
community to spontaneously and contemporaneously assemble, speak 141
and distribute literature. 142
Nothing in this section shall be interpreted as preventing 143
public institutions of higher education from prohibiting, 144
limiting, or restricting expression that the First Amendment does 145
not protect (e.g. true threats, expression directed to provoke 146
imminent lawless actions and likely to produce it, obscenity, 147
child pornography, material harmful to minors where minors are 148
likely to be present) or prohibiting harassment as defined in 149
Section 2 of this act. 150
Nothing in this section shall enable individuals to engage in 151
conduct that intentionally, materially, and substantially disrupts 152
another's expressive activity if that activity is occurring in a 153
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campus space reserved for that activity under the exclusive use or 154
control of a particular group. 155
SECTION 6. No public institution of higher education may 156
deny a religious, political or ideological student organization 157
any benefit or privilege available to any other student 158
organization, or otherwise discriminate against such an 159
organization, based on the expression of the organization, 160
including any requirement that the leaders or members of such 161
organization: 162
(a) Affirm and adhere to the organization's sincerely 163
held beliefs; 164
(b) Comply with the organization's standards of 165
conduct; or 166
(c) Further the organization's mission or purpose, as 167
defined by the student organization. 168
SECTION 7. (1) Public institutions of higher education 169
shall make public in their handbooks, on their websites, and 170
through their orientation programs for students the policies, 171
regulations, and expectations of students regarding free 172
expression on campus consistent with this act. 173
(2) Public institutions of higher education shall develop 174
materials, programs, and procedures to ensure that those persons 175
who have responsibility for discipline or education of students, 176
such as administrators, campus police officers, residence life 177
officials, and professors, understand the policies, regulations, 178
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and duties of public institutions of higher education regarding 179
free expression on campus consistent with this act. 180
SECTION 8. (1) Each public institution of higher education 181
shall publicly post on their website, as well as submit to both 182
the Governor and Legislature thirty (30) days prior to the 183
beginning of the regular legislative session, a report which will 184
detail the course of action implemented to be in compliance with 185
the requirements of this act. A report shall also be given in the 186
instance of any changes or updates to the chosen course of action. 187
The information required in the report must be: 188
(a) Accessible from the institution's Internet website 189
home page by use of not more than three (3) links; 190
(b) Searchable by keywords and phrases; and 191
(c) Accessible to the public without requiring 192
registration or use of a user name, a password, or another user 193
identification. 194
(2) The report shall include: 195
(a) A description of any barriers to or incidents of 196
disruption of free expression occurring on campus, including, but 197
not limited to, attempts to block or prohibit speakers and 198
investigations into students or student organizations for their 199
speech. The description shall include the nature of each barrier 200
or incident, as well as what disciplinary action, if any, was 201
taken against members of the campus community determined to be 202
responsible for those specific barriers or incidents involving 203
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students shall be reported without revealing those students' 204
personally identifiable information; and 205
(b) Any other information each public institution of 206
higher education deems valuable for the public to evaluate whether 207
free expression rights for all members of the campus community 208
have been equally protected and enforced consistent with this act. 209
(3) If a public institution of higher education is sued for 210
an alleged violation of First Amendment rights, a supplementary 211
report with a copy of the complaint, or any amended complaint, 212
must be submitted to the Governor and State Legislature within 213
thirty (30) days. 214
SECTION 9. Any person or student association aggrieved by a 215
violation of this act may bring an action against the public 216
institution of higher education and its employees acting in their 217
official capacities, responsible for the violation and seek 218
appropriate relief, including, but not limited to, injunctive 219
relief, monetary damages, reasonable attorney's fees, and court 220
costs. If a court should find a violation of this act, it shall 221
issue an award of at least Five Thousand Dollars ($5,000.00). Any 222
person or student organization aggrieved by a violation of this 223
act may assert such violation as a defense or counter claim in any 224
disciplinary action or in any civil or administrative proceedings 225
brought against such student or student organization. Nothing in 226
this section shall be interpreted to limit any other remedies 227
available to any person or student organization. 228
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ST: Charlie Kirk Campus Free Speech and Safety
Act; create.
SECTION 10. A person shall be required to bring suit for 229
violation of this act not later than one (1) year after the day 230
the cause of action accrues. For purposes of calculating the 231
one-year limitation period, each day that the violation persists, 232
and each day that a policy in violation of this act remains in 233
effect, shall constitute a new day that the cause of action has 234
accrued. 235
SECTION 11. The state waives immunity under the Eleventh 236
Amendment of the United States Constitution and consents to suit 237
in a federal court for lawsuits arising out of this act. A public 238
institution of higher education that violates this act is not 239
immune from suit or liability for the violation. 240
SECTION 12. If any provision of this act or any application 241
of such provision to any person or circumstance is held to be 242
unconstitutional, the remainder of this act and the application of 243
the provision to any other person or circumstance shall not be 244
affected. 245
SECTION 13. This act shall take effect and be in force from 246
and after its passage. 247