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ENGROSSED HOUSE
BILL NO. 3129 By: West (Kevin) of the House
and
Sacchieri of the Senate
An Act relating to higher education; amending 70 O.S.
2021, Section 2120, as amended by Section 3, Chapter
18, O.S.L. 2022 (70 O.S. Supp. 2025, Section 2120),
which relates to protected expressive activities on
campus; permitting public institutions of higher
education to charge security fees to students and
student organization as part of an application for
expressive activities; prohibiting public
institutions of higher education from charging
security fees based on the content of the student's
or student organization's expression, the content of
the student's or student organization's invited
guest's expression, or the anticipated reaction to
the student's, student organization's, or invited
guest's expression; requiring any required security
fee be based on content- and viewpoint-neutral
criteria; directing public institutions of higher
education to publish criteria on its website;
requiring public institutions of higher education to
provide notice to a student or student organization
prior to the expressive activity and explanation of
the security fee to be charged; providing an
effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 2120, as
amended by Section 3, Chapter 18, O.S.L. 2022 (70 O.S. Supp. 2025,
Section 2120), is amended to read as follows:
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Section 2120. A. As used in this act:
1. "Campus community" means students, administrators, faculty,
and staff at the public institution of higher education and their
invited guests;
2. "Harassment" means only that expression that is unwelcome,
so severe, pervasive, and subjectively and objectively offensive
that a student is effectively denied equal access to educational
opportunities or benefits provided by the public institution of
higher education;
3. "Materially and substantially disrupts" means when a person,
with the intent to or with knowledge of doing so, significantly
hinders another person's or group's expressive activity, prevents
the communication of the message, or prevents the transaction of the
business of a lawful meeting, gathering, or procession by:
a. engaging in fighting, violent, or other unlawful
behavior, or
b. physically blocking or using threats of violence to
prevent any person from attending, listening to,
viewing, or otherwise participating in an expressive
activity. Conduct that "materially disrupts" shall
not include conduct that is protected under the First
Amendment to the United States Constitution or Section
22 of Article 2 II of the Oklahoma Constitution. Such
protected conduct includes, but is not limited to,
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lawful protests in the outdoor areas of campus
generally accessible to the members of the public,
except during times when those areas have been
reserved in advance for other events, or minor, brief,
or fleeting nonviolent disruptions of events that are
isolated and short in duration;
4. "Outdoor areas of campus" means the generally accessible
outside areas of campus where members of the campus community are
commonly allowed, such as grassy areas, walkways, or other similar
common areas and does not include outdoor areas where access is
restricted from a majority of the campus community;
5. "Public institution of higher education" means any
institution within The Oklahoma State System of Higher Education or
technology center schools overseen by the State Board of Career and
Technology Education; and
6. "Student organization" means an officially recognized group
at a public institution of higher education, or a group seeking
official recognition, comprised of admitted students that receive or
are seeking to receive benefits through the public institution of
higher education.
B. Expressive activities protected under the provisions of this
section include, but are not limited to, any lawful verbal, written,
audio-visual, or electronic means by which individuals may
communicate ideas to one another, including all forms of peaceful
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assembly, protests, speeches and guest speakers, distribution of
literature, carrying signs, and circulating petitions.
C. 1. The outdoor areas of campuses of public institutions of
higher education in this state shall be deemed public forums for the
campus community, and public institutions of higher education shall
not create "free speech zones" or other designated areas of campus
outside of which expressive activities are prohibited. Public
institutions of higher education may maintain and enforce reasonable
time, place, and manner restrictions narrowly tailored in service of
a significant institutional interest only when such restrictions
employ clear, published, content- and viewpoint-neutral criteria,
and provide for ample alternative means of expression. Any such
restrictions shall allow for members of the campus community to
spontaneously and contemporaneously assemble and distribute
literature.
2. Nothing in this subsection shall be interpreted as limiting
the right of student expression elsewhere on campus.
D. 1. Any person who wishes to engage in noncommercial
expressive activity on campus shall be permitted to do so freely, as
long as the person's conduct is not unlawful and does not materially
and substantially disrupt the functioning of the public institutions
of higher education, subject only to the requirements of subsection
C of this section.
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2. Nothing in this subsection shall prohibit public
institutions of higher education from maintaining and enforcing
reasonable time, place, and manner restrictions that are narrowly
tailored to serve a significant institutional interest only when
such restrictions employ clear, published, content- and viewpoint-
neutral criteria. Any such restrictions shall allow for members of
the campus community to spontaneously and contemporaneously
assemble, speak, and distribute literature.
3. Nothing in this subsection shall be interpreted as
preventing public institutions of higher education from prohibiting,
limiting, or restricting expression that the First Amendment does
not protect or prohibiting harassment as defined by this section.
4. Nothing in this section shall enable individuals to engage
in conduct that intentionally, materially, and substantially
disrupts another person's expressive activity if that activity is
occurring in a campus space reserved for that activity under the
exclusive use or control of a particular group.
E. 1. Public institutions of higher education may charge
security fees to a student or student organization as part of an
application for expressive activities that require a permit. Public
institutions of higher education shall not charge security fees to a
student or student organization based on the content of the
student's or student organization's expression, the content of the
student's or student organization's invited guest's expression, or
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the anticipated reaction to the student's, student organization's,
or invited guest's expression.
2. Any required security fee shall be based solely on content-
and viewpoint-neutral criteria including, but not limited to, the
time or location of the event, the anticipated size of the event
audience, and whether alcohol will be served. Any public
institution of higher education who charges security fees shall make
public in its handbooks, on its website, and through its orientation
programs for students the criteria used for assessing security fee
charges.
3. In every instance when a public institution of higher
education charges a security fee to a student or student
organization for their expressive activity, the public institution
of higher education shall notify the student or student organization
prior to the expressive activity. The notice shall explain the
security fee charged, including:
a. identifying the specific basis for the fee in the
public institution of higher education's published
criteria; and
b. explaining why the identified criteria are implicated
by the student or student organization's event.
F. Public institutions of higher education shall make public in
their handbooks, on their websites, and through their orientation
programs for students the policies, regulations, and expectations of
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students regarding free expression on campus consistent with this
section.
F. G. Public institutions of higher education shall develop
materials, programs, and procedures to ensure that those persons who
have responsibility for discipline or education of students,
including, but not limited to, administrators, campus police
officers, residence life officials, and professors, understand the
policies, regulations, and duties of public institutions of higher
education regarding free expression on campus consistent with this
section.
G. H. 1. Each public institution of higher education shall
publicly post on its website, as well as submit to the Governor, the
Legislature, and the Chancellor of The Oklahoma State System of
Higher Education annually by December 31, a report that details the
course of action implemented to be in compliance with the
requirements of this section. A report shall also be given in the
instance of any changes or updates to the chosen course of action.
The information required in the report shall be:
a. accessible from the institution's website home page by
use of not more than three links,
b. searchable by key words and phrases, and
c. accessible to the public without requiring
registration or use of a user name, password or
another user identification.
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2. The report shall include:
a. a description of any barriers to or incidents of
disruption of free expression occurring on campus,
including but not limited to attempts to block or
prohibit speakers and investigations into students or
student organizations for their speech. The
description shall include the nature of each barrier
or incident, as well as what disciplinary action, if
any, was taken against members of the campus community
determined to be responsible for those specific
barriers or incidents involving students without
revealing those students' personally identifiable
information, and
b. any other information each public institution of
higher education deems valuable for the public to
evaluate whether free expression rights for all
members of the campus community have been equally
protected and enforced consistent with this act.
3. If a public institution of higher education is sued for an
alleged violation of First Amendment rights, a supplementary report
with a copy of the complaint, or any amended complaint, shall be
submitted to the Governor and the Legislature within thirty (30)
days.
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H. I. Any person or student organization aggrieved by a
violation of this section may bring an action against the public
institution of higher education and its employees acting in their
official capacities responsible for the violation and seek
appropriate relief, including, but not limited to, injunctive
relief, monetary damages, reasonable attorneys' attorney fees, and
court costs. Any person or student organization aggrieved by a
violation of this section may assert such violation as a defense or
counter claim in any disciplinary action or in any civil or
administrative proceedings brought against such student or student
organization. Nothing in this subsection shall be interpreted to
limit any other remedies available to any person or student
organization.
I. J. A person shall be required to bring suit for violation of
this section no later than one year after the day the cause of
action occurs. For purposes of calculating the one-year limitation
period, each day that the violation persists and each day that a
policy in violation of this section remains in effect shall
constitute a new day that the cause of action has occurred.
J. K. If any provision of this section or any application of
such provision to any person or circumstance is held to be
unconstitutional, the remainder of the section and the application
of the provision to any other person or circumstance shall not be
affected.
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SECTION 2. This act shall become effective July 1, 2026.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
Passed the House of Representatives the 24th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate