FORUM Act of 2026

2025-2026 Bill 4749: FORUM Act of 2026 - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4749
STATUS INFORMATION
General Bill
Sponsors: Reps. Pope, Edgerton, Magnuson, White, Cromer and D. Mitchell
Companion/Similar bill(s): 172, 3582
Document Path: LC-0536WAB26.docx
Introduced in the House on January 13, 2026
Currently residing in the House
Summary: FORUM Act of 2026
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Education and Public Works

1/13/2026

House

Introduced and read first time (
House Journal-page 77
)

1/13/2026

House

Referred to Committee on
Education and Public Works
(
House Journal-page 77
)

1/14/2026

House

Member(s) request name added as sponsor: White

1/22/2026

House

Member(s) request name added as sponsor: Cromer,
D. Mitchell

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE
"FORMING OPEN AND ROBUST UNIVERSITY MINDS (FORUM) ACT" BY ADDING CHAPTER 148 TO
TITLE 59 SO AS TO DEFINE NECESSARY TERMS, TO PROVIDE MEASURES TO PROTECT
EXPRESSIONS BY STUDENTS AND STUDENT ORGANIZATIONS IN CERTAIN PLACES ON THE
CAMPUSES OF PUBLIC INSTITUTIONS OF HIGHER LEARNING IN THIS STATE, TO PROVIDE
RELATED REQUIREMENTS FOR POLICIES AND PROCEDURES, TO PROVIDE SPECIFIC
RESPONSIBILITIES OF PUBLIC INSTITUTIONS OF HIGHER LEARNING, AND TO PROVIDE MEANS
OF REDRESS FOR VIOLATIONS OF THIS ACT, AMONG OTHER THINGS.

W
hereas, the South
Carolina General Assembly finds that the First Amendment of the United States
Constitution and the South Carolina Constitution protect the rights of free
speech, freedom of the press, freedom of religion, and freedom of association
and to petition the government for all citizens; and

W
hereas, the South
Carolina General Assembly finds that in Healy v. James, 408 U.S. 169, 180
(1972), the Supreme Court of the United States called public universities,
"peculiarly the marketplace of ideas" where young adults learn to exercise
these constitutional rights necessary to participate in our system of
government and to tolerate others' exercise of the same rights, and there is
"no room for the view that First Amendment protections should apply with less
force on college campuses than in the community at large"; and

W
hereas, the South
Carolina General Assembly views the exercise of First Amendment rights on
public university campuses in this State as critical components of the
education experience for students and requires that each public college and
university in this State ensure free, robust, and uninhibited debate and
deliberations by students whether on or off campus; and

W
hereas, the South
Carolina General Assembly finds that public colleges and universities in this
State and elsewhere must provide adequate safeguards for the First Amendment
rights of their students leading to a stifling of expression on campuses; and

W
hereas, the South
Carolina General Assembly finds that the United States Supreme Court has warned
in Sweezy v. New Hampshire, 354 U.S. 234, 250 (1957), that if public
universities stifle student speech and prevent the open exchange of ideas on
campuses, "our civilization will stagnate and die"; and

W
hereas, the South
Carolina General Assembly finds that a significant amount of taxpayer dollars
are appropriated to public institutions of higher learning each year and as
such, this General assembly must ensure that all public institutions of higher
learning receiving state funds recognize freedom of speech as a fundamental
right for all. Now, therefore,

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
This act may be cited as the "Forming Open and Robust University Minds
(FORUM) Act."

S
ECTION 2.
T
itle 59 of the S.C. Code is amended by adding:

C
HAPTER 148

F
orming Open and Robust University Minds (FORUM) Act

S
ection
59-148-110
.
A
s used in this chapter:

(
1)
"Benefit" means the following:

(
a)
recognition;

(
b)
registration;

(
c)
the use of facilities of the institution of higher education for meetings or
speaking purposes;

(
d)
the use of channels of communication; and

(
e)
funding sources that are otherwise available to other student organizations at
the public institution of higher education.

(
2)
"Campus Community" means students, administrators, faculty, and staff at the
institution of higher education and their invited guests.

(
3)
"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.

(
4)
"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 and substantially disrupts" may not include
conduct that is protected under the First Amendment to the United States
Constitution or the Constitution of this State. Such protected conduct
includes, but is not limited to, 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.

(
5)
"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.

(
6)
"Public institution of higher education" means state supported postsecondary
educational institutions, including technical and comprehensive educational
institutions.

(
7)
"Student" means any person who is enrolled on a full-time or part-time basis in
a public institution of higher education.

(
8)
"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 institution of higher education as defined in this
section.

S
ection
59-148-120
. Expressive activities protected under the provisions of this
chapter 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 assembly, protests, speeches and
guest speakers, distribution of literature, carrying signs, and circulating
petitions.

S
ection
59-148-130
.
(
A) The outdoor areas
of campuses of public institutions of higher education in this State must be
considered public forums for the campus community, and public institutions of
higher education may 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-neutral and viewpoint-neutral criteria, and provide for ample
alternative means of expression. Any such restrictions must allow for members
of the campus community to spontaneously and contemporaneously assemble and
distribute literature.

(
B)
Nothing in this section may be interpreted as limiting the right of student
expression elsewhere on campus.

S
ection
59-148-140
.
(
A) Any person who
wishes to engage in noncommercial expressive activity on campus must 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
institution of higher education, subject only to the requirements of Section
59-148-130
.

(
B)
Nothing in this section may be construed to 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 must allow for
members of the campus community to spontaneously and contemporaneously
assemble, speak, and distribute literature.

(
C)
Nothing in this section may 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 in
Section
59-148-110
.

(
D)
Nothing in this section may be construed to enable individuals to engage in
conduct that intentionally, materially, and substantially disrupts another'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.

S
ection
59-148-150
.
N
o public institution of higher
education may deny a religious, political, or ideological student organization
any benefit or privilege available to any other student organization, or
otherwise discriminate against such an organization, based on the expression of
the organization, including any requirement that the leaders or members of such
organization:

(
1)
affirm and adhere to the organization's sincerely held beliefs;

(
2)
comply with the organization's standards of conduct; or

(
3)
further the organization's mission or purpose, as defined by the student
organization.

S
ection
59-148-160
.
(
A) 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 students regarding free expression on campus
consistent with this chapter.

(
B)
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, such as 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 chapter.

S
ection
59-148-170
.
(
A) Each public
institution of higher education shall publicly post on their website, as well
as submit to the governor and general assembly by December first, a report
which will detail the course of action implemented to be in compliance with the
requirements of this chapter. A report must also be given in the instance of
any changes or updates to the chosen course of action. The information required
in the report must be:

(
1)
accessible from the institution's internet website homepage by use of not more
than three links;

(
2)
searchable by keywords and phrases; and

(
3)
accessible to the public without requiring registration or use of a username, a
password, or another user identification.

(
B)
The report must include:

(
1)
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 must 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 and must be reported without revealing
those students' personally identifiable information; and

(
2)
any other information each public institution of higher education considers
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 chapter.

(
C)
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, must be submitted to the Governor and General Assembly
within thirty days.

S
ection
59-148-180
. Any person or student association aggrieved by a violation of this
chapter 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 attorney's fees, and court costs. If a
court finds a violation of this chapter, it shall issue an award of at least
five thousand dollars. Any person or student organization aggrieved by a
violation of this chapter 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 section
may be interpreted to limit any other remedies available to any person or
student organization.

S
ection
59-148-190
. A person shall bring suit for violation of this section, if at
all, no later than one year after the day the cause of action accrues. 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, constitutes a new day that the cause of action has accrued.

S
ection
59-148-200
. The State waives immunity under the Eleventh Amendment of the
United States Constitution and consents to suit in a federal court for lawsuits
arising out of this chapter. A public institution of higher education that
violates this chapter is not immune from suit or liability for the violation.

S
ECTION 3. If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.

S
ECTION 4. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 13, 2026 at 2:39 PM