Charlie Kirk Campus Free Speech and Safety Act; enact.

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To: Universities and
Colleges
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Tate

SENATE BILL NO. 2608

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