University Employee Free Speech

2025-2026 Bill 785: University Employee Free Speech - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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S. 785
STATUS INFORMATION
General Bill
Sponsors: Senator Reichenbach
Document Path: SR-0409KM26.docx
Introduced in the Senate on January 13, 2026
Currently residing in the Senate Committee on
Education
Summary: University Employee Free Speech
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

1/13/2026

Senate

Introduced and read first time (
Senate Journal-page 53
)

1/13/2026

Senate

Referred to Committee on
Education
(
Senate Journal-page 53
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
01/13/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT
THE "REMEMBERING CHARLIE KIRK ACT"; BY ADDING SECTION
59-101-700
SO AS TO
PROVIDE THAT A PUBLIC COLLEGE OR UNIVERSITY EMPLOYEE MAY BE DISCHARGED FROM
EMPLOYMENT FOR CAUSE FOR CERTAIN PUBLIC COMMUNICATIONS; AND BY ADDING SECTION
59-101-710
SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL
DEVELOP A SPEECH CODE FOR PUBLIC COLLEGE OR UNIVERSITY EMPLOYEES THAT MUST BE
ADOPTED AND ENFORCED BY THE GOVERNING BOARDS OF THE STATE'S PUBLIC COLLEGES AND
UNIVERSITIES, AND TO PROVIDE PENALTIES FOR A PUBLIC COLLEGE OR UNIVERSITY WHO
DOES NOT ADOPT OR ENFORCE THE SPEECH CODE.

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

S
ECTION 1.
This act may be cited as the "Remembering Charlie Kirk Act".

S
ECTION 2.
C
hapter 101, Title 59 of the S.C. Code is amended by
adding:

A
rticle 3

S
tate College and University Employee Free Speech

S
ection
59-101-700
.
(
A) A public college
or university may immediately terminate the employment of an employee,
including faculty whether or not tenured, for the employee's speech or expression
if:

(
1)
under the totality of the circumstances an observer could make a reasonable
inference that the employee was speaking or expressing himself as an employee
about a matter of personal interest rather than an employee speaking or
expressing himself as a citizen speaking on a matter of public concern;

(
2)
the college or university's interest in providing effective and efficient
services, educational or otherwise, to the university's students or community
at-large outweighs the employee's interest in speaking or expressing himself on
a matter of public concern; or

(
3)
the employee's speech or expression was not a substantial factor in the
decision to terminate the employee's employment.

(
B)
A state college or university evaluating whether to terminate an employee's
employment pursuant to subsection (A)(2), shall take into account whether the
employee's speech or expressive behavior:

(
1)
impairs discipline imposed by superiors;

(
2)
impairs harmony among coworkers;

(
3)
has a detrimental impact on close working relationships;

(
4)
impedes the performance of the employee's duties;

(
5)
interferes with the operation of the college or university;

(
6)
undermines the mission of the college or university;

(
7)
is communicated to the general public or co-workers openly in a way that is
accessible, observable, or available to anyone rather than limited to a defined
person or group;

(
8)
conflicts with responsibilities of the employee within the college or
university;

(
9)
makes use of the authority and public accountability the employee's role
entails; and

(
10)
condones, promotes, or encourages acts of violence on or near campus.

(
C)
An employee whose employment is terminated pursuant to this is terminated
pursuant to this section 'for cause' and does not have grievance rights
afforded to covered state employees, including faculty whether or not tenured,
of the college or university at which the employee was employed.

S
ection
59-101-710
.
(
A) The Commission on
Higher Education shall develop a speech code reflecting the provisions
contained in Section
59-101-700
and explaining the free speech rights afforded
by the United States and South Carolina constitution that state college and
university employees retain with their employment and the limitations on the
employee's free speech rights. The speech code shall be distributed to each
state college and university and shall be available on the commission's
website. Each state college and university shall also post the speech code on
any employee facing internet website or portal.

(
B)
The governing board of each public college or university in this State shall
adopt and enforce the speech code developed pursuant to subsection (A). If a
public college or university fails to adopt the speech code, then the public
college or university's state funding shall be reduced by one-twelfth for each
month that the code is not adopted. If a public college or university fails to
enforce the speech code, then the public college or university's state funding
shall be reduced by ten percent for each violation.

(
C)
Each employee of a state college or university must sign a copy of the code of
conduct thereby attesting that the employee understands his free speech rights,
the limits of those rights, and that the employee may be terminated immediately
for cause without grievance rights if he violates the speech code.

(
D) Annually,
on the first day of the fiscal year, each public college or university shall
certify to the Commission on Higher Education that the university is in
compliance with the requirement to adopt the speech code.

S
ECTION 3. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 13, 2026 at 12:44 PM