Education, Higher

SENATE BILL 1741
By Rose

HOUSE BILL 1476
By Bulso
HB1476
010197
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AN ACT to amend Tennessee Code Annotated, Title 49,
relative to public institutions of higher education.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 49, Chapter 7, is amended by adding
Part 32 to read as follows:
49-7-3201. Short Title.
This part is known and may be cited as the "Charlie Kirk Act."
49-7-3202. Policy on freedom of expression.
(a) Notwithstanding another law to the contrary, the governing body for each
public institution of higher education shall adopt a statement on freedom of expression
that is identical or substantially similar to the University of Chicago's Freedom of
Expression Policy and formally incorporate that statement into the institution's bylaws
and post that statement on the institution's website. The statement on freedom of
expression must include the following passages from the University of Chicago's
statement on freedom of expression:
"The ideas of different members of the University community will often
and quite naturally conflict. But it is not the proper role of the University to
attempt to shield individuals from ideas and opinions they find unwelcome,
disagreeable, or even deeply offensive. Although the University greatly values
civility, and although all members of the University community share in the
responsibility for maintaining a climate of mutual respect, concerns about civility
and mutual respect can never be used as a justification for closing off discussion

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of ideas, however offensive or disagreeable those ideas may be to some
members of our community."
"The freedom to debate and discuss the merits of competing ideas does
not, of course, mean that individuals may say whatever they wish, wherever they
wish. The University may restrict expression that violates the law, that falsely
defames a specific individual, that constitutes a genuine threat or harassment,
that unjustifiably invades substantial privacy or confidentiality interests, or that is
otherwise directly incompatible with the functioning of the University. In addition,
the University may reasonably regulate the time, place, and manner of
expression to ensure that it does not disrupt the ordinary activities of the
University. But these are narrow exceptions to the general principle of freedom
of expression, and it is vitally important that these exceptions never be used in a
manner that is inconsistent with the University's commitment to a completely free
and open discussion of ideas."
"In a word, the University's fundamental commitment is to the principle
that debate or deliberation may not be suppressed because the ideas put forth
are thought by some or even by most members of the University community to
be offensive, unwise, immoral, or wrong-headed. It is for the individual members
of the University community, not for the University as an institution, to make
those judgments for themselves, and to act on those judgments not by seeking to
suppress speech, but by openly and vigorously contesting the ideas that they
oppose. Indeed, fostering the ability of members of the University community to
engage in such debate and deliberation in an effective and responsible manner is
an essential part of the University's educational mission."

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"As a corollary to the University's commitment to protect and promote free
expression, members of the University community must also act in conformity
with the principle of free expression. Although members of the University
community are free to criticize and contest the views expressed on campus, and
to criticize and contest speakers who are invited to express their views on
campus, they may not obstruct or otherwise interfere with the freedom of others
to express views they reject or even loathe. To this end, the University has a
solemn responsibility not only to promote a lively and fearless freedom of debate
and deliberation, but also to protect that freedom when others attempt to restrict
it."
(b) A public institution of higher education that violates or fails to comply with this
section is subject to a writ of mandamus or injunction pursuant to § 49-7-3207.
49-7-3203. Statement on public institution of higher education's role in political
and social action.
(a) Notwithstanding another law to the contrary, the governing board of every
public institution of higher education shall adopt a statement on the institution's role in
political and social action that is identical or substantially similar to the Report on the
University's Role in Political and Social Action (Kalven Report) issued by the University
of Chicago in 1967 and formally incorporate the statement into the institution's bylaws
and post the statement on the institution's website. The statement on the institution's
role in political and social action must include the following passage from the Kalven
Report:
"The instrument of dissent and criticism is the individual faculty member
or the individual student. The university is the home and sponsor of critics; it is
not itself the critic. It is, to go back once again to the classic phrase, a

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community of scholars. To perform its mission in the society, a university must
sustain an extraordinary environment of freedom of inquiry and maintain an
independence from political fashions, passions, and pressures. A university, if it
is to be true to its faith in intellectual inquiry, must embrace, be hospitable to, and
encourage the widest diversity of views within its own community. It is a
community but only for the limited, albeit great, purposes of teaching and
research. It is not a club, it is not a trade association, it is not a lobby."
"Since the university is a community only for these limited and distinctive
purposes, it is a community which cannot take collective action on the issues of
the day without endangering the conditions for its existence and effectiveness.
There is no mechanism by which it can reach a collective position without
inhibiting that full freedom of dissent on which it thrives. It cannot insist that all of
its members favor a given view of social policy; if it takes collective action,
therefore, it does so at the price of censuring any minority who do not agree with
the view adopted. In brief, it is a community which cannot resort to majority vote
to reach positions on public issues."
(b) A public institution of higher education that violates or fails to comply with this
section is subject to a writ of mandamus or injunction under § 49-7-3207.
49-7-3204. Invited speakers.
(a) Notwithstanding another law to the contrary, a public institution of higher
education or a faculty member or agent of the institution shall not:
(1) Refuse to invite a speaker because of the viewpoints expressed or
espoused by the speaker or cancel an invitation of the speaker to speak at the
institution in response to threatened protests or opposition from students or
faculty; or

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(2) Prohibit a student organization from inviting a speaker to campus or
restrict a student organization in its choice of invited speakers.
(b) A public institution of higher education that violates or fails to comply with this
section is subject to a writ of mandamus or injunction pursuant to § 49-7-3207.
(c) A faculty member or agent of a public institution of higher education that
violates or fails to comply with this section is subject to civil liability pursuant to § 49-7-
3208.
49-7-3205. Academic freedom protected.
(a) Notwithstanding another law to the contrary, a public institution of higher
education or a faculty member or agent of the institution shall not retaliate in any way or
discriminate in any manner against a faculty member on account of the viewpoints
expressed in the faculty member's scholarly work, or on account of any speech or writing
protected by the First Amendment of the United States Constitution.
(b) A public institution of higher education that violates or fails to comply with this
section is subject to a writ of mandamus or injunction pursuant to § 49-7-3207.
(c) A faculty member or agent of a public institution of higher education that
violates or fails to comply with this section is subject to private civil liability pursuant to §
49-7-3208.
49-7-3206. Freedom of religion and conscience protected.
(a) Notwithstanding another law to the contrary, a public institution of higher
education or a faculty member or agent of the institution shall not discriminate or
retaliate against a person on account of the person's:
(1) Sincere religious beliefs; or

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(2) Opposition to abortion, homosexuality, or transgender behavior,
regardless of whether that opposition is motivated by religious or non-religious
beliefs.
(b) A public institution of higher education or faculty member or agent of the
institution shall not deny recognition to any student group, or deny any employer access
to on-campus student interviews, on account of the student group's or employer's:
(1) Sincere religious beliefs;
(2) Opposition to abortion, homosexuality, or transgender behavior,
regardless of whether that opposition is motivated by religious or non-religious
belief; or
(3) Refusal to employ or admit into membership or leadership positions,
individuals whose beliefs or lifestyle choices are incompatible with the sincere
beliefs of the organization.
(c) A public institution of higher education that violates or fails to comply with this
section is subject to a writ of mandamus or injunction pursuant to § 49-7-3207.
(d) A faculty member or agent of a public institution of higher education that
violates or fails to comply with this section is subject to civil liability pursuant to § 49-7-
3208.
49-7-3207. Mandamus or injunction for noncompliant institutions.
(a) Notwithstanding another law to the contrary, a resident, citizen, or taxpayer
of this state has standing to bring and may bring a petition for writ of mandamus or
injunction against a public institution of higher education that violates or fails to ensure
compliance with the requirements of this part, or against the president or provost of any
such institution. A court shall issue a writ of mandamus or injunction if the court finds

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that the institution has violated or failed to ensure compliance with the requirements of
this part.
(b) Notwithstanding another law to the contrary, sovereign, governmental, or
official immunity, as applicable, as well as qualified immunity, are waived and abolished
in any action for a writ of mandamus or injunction brought pursuant to this part.
(c) Notwithstanding another law to the contrary, a civil action brought pursuant to
this section is not subject to any provision of the Tennessee Public Participation Act,
compiled in title 20, chapter 17.
(d) Notwithstanding another law to the contrary, a person may commence an
action under this section, and relief may be granted, regardless of whether the person
has sought or exhausted any available administrative remedies.
49-7-3208. Private civil enforcement.
(a) Notwithstanding another law to the contrary, an invited speaker or audience
member has standing to bring and may bring a civil action pursuant to this section
against a person who violates the campus free speech policy adopted pursuant to § 49-
7-2405 at an event the speaker or audience member attended.
(b) A speaker or student organization has standing to bring and may bring a civil
action against a faculty member or agent of a public institution of higher education who
violates the plaintiff's rights in § 49-7-3204.
(c) A professor or faculty member has standing to bring and may bring a civil
action against a faculty member or agent of a public institution of higher education who
violates the plaintiff's rights in § 49-7-3205.
(d) A person or student group has standing to bring and may bring a civil action
against a faculty member or agent of a public institution of higher education who violates
the plaintiff's rights in § 49-7-3206.

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(e) If a claimant prevails in an action brought pursuant this section, then the
court shall award:
(1) Declaratory relief;
(2) Injunctive relief sufficient to prevent the defendant from violating the
applicable requirements in this part;
(3) Nominal damages;
(4) Compensatory damages if the plaintiff has suffered injury or harm
from the defendant's conduct, including, but not limited to, emotional distress;
and
(5) Costs and reasonable attorney's fees.
(f) Notwithstanding another law to the contrary, a person may bring an action
pursuant to this section no later than six (6) years from the date on which the cause of
action accrued.
(g) Notwithstanding another law to the contrary, the following are not defenses to
an action brought pursuant to this section:
(1) Ignorance or mistake of law;
(2) A defendant's belief that the requirements or provisions of this part
are unconstitutional;
(3) A defendant's reliance on a court decision that has been vacated,
reversed, or overruled on appeal or by a subsequent court, even if that court
decision had not been vacated, reversed, or overruled when the cause of action
accrued;
(4) A defendant's reliance on a state or federal court decision that is not
binding on the court in which the action has been brought;

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(5) A defendant's reliance on a federal statute, agency rule or action, or
treaty that is repealed, superseded, or declared invalid or unconstitutional, even if
that federal statute, agency rule or action, or treaty had not been repealed,
superseded, or declared invalid or unconstitutional when the cause of action
accrued;
(6) Non-mutual issue preclusion or non-mutual claim preclusion;
(7) The consent of the plaintiff to the defendant's conduct;
(8) Contributory or comparative negligence;
(9) Assumption of risk;
(10) Sovereign immunity, governmental immunity, official immunity, or
qualified immunity;
(11) The plaintiff's waiver or purported waiver of their right to sue under
this section;
(12) The plaintiff's failure to exhaust administrative remedies; and
(13) A claim that the enforcement of this part or the imposition of civil
liability against the defendant will violate the constitutional rights of third parties,
except as provided by § 49-7-3209.
(h) This part does not impose liability on any speech or conduct protected by the
First Amendment of the United States Constitution, as made applicable to the states
through the United States Supreme Court's interpretation of the Fourteenth Amendment
of the United States Constitution.
(i) Notwithstanding another law to the contrary, a civil action brought pursuant to
this section is not subject to the Tennessee Public Participation Act, compiled in title 20,
chapter 17.

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(j) Notwithstanding another law to the contrary, a person may commence an
action pursuant to this section and relief may be granted regardless of whether the
person has sought or exhausted any available administrative remedies.
49-7-3209. Affirmative Defenses.
(a) A defendant in an action that is brought pursuant to § 49-7-3207 or § 49-7-
3208 may assert as an affirmative defense to the action:
(1) That the relief sought will violate constitutional or federally protected
rights that belong to the defendant personally; or
(2) That the defendant:
(A) Has standing to assert the rights of a third party under the
tests for third-party standing established by the Supreme Court of the
United States; and
(B) Demonstrates that the relief sought will violate constitutional
or federally protected rights belonging to that third party.
(b) The defendant has the burden of proving the affirmative defense pursuant to
subsection (a) by a preponderance of the evidence.
(c) This part does not limit or preclude a defendant from asserting the
unconstitutionality of any provision or application of state law as a defense to liability
pursuant to § 49-7-3207 or § 49-7-3208, or from asserting any other defense that might
be available under another source of law.
SECTION 2. Tennessee Code Annotated, Section 49-7-2404, is amended by adding
the following as a new subdivision:
(6) "Substantially obstruct or otherwise substantially interfere" includes, but is
not limited to:

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(A) Making noises with the intent of drowning out an invited speaker or
hindering the audience from hearing the invited speaker;
(B) Standing in between an invited speaker and the audience with the
intent of blocking or impeding an audience member's view of the speaker or the
speaker's view of the audience members;
(C) Using signs or objects in a way to block or impede an audience
member's view of an invited speaker or the speaker's view of the audience
members;
(D) Staging walk-outs during an event or in the middle of an invited
speaker's remarks that result in considerable disruption or distraction or the need
to pause the event for any period of time, however short; and
(E) Physically obstructing an invited speaker or an audience member
from entering or attending an event.
SECTION 3. Tennessee Code Annotated, Section 49-7-2405, is amended by adding
the following new subsections:
(d)
(1) The disciplinary sanctions for a violation of subdivision (a)(7) must, at
a minimum, include the following:
(A) If a student of the institution violates the policy, then:
(i) The student must be placed on probation for the
remainder of the student's academic career at the institution for a
first time violation of the policy;
(ii) The student must be suspended for not less than one
(1) academic year for a second violation of the policy; and

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(iii) The student must be expelled without the chance of
re-enrollment for a third violation of the policy; and
(B) If a faculty member of an institution violates the policy, then:
(i) The faculty member must be suspended without pay for
not less than one (1) calendar week for the faculty member's first
violation of the policy;
(ii) The faculty member must be suspended without pay
for not less than one (1) academic year for the faculty member's
second violation of the policy; and
(iii) The faculty member must be terminated without the
chance of being rehired for the faculty member's third violation of
the policy.
(2) An institution that violates or fails to comply with this section is subject
to a writ of mandamus or injunction pursuant to § 49-7-3207.
(3) A person who violates the campus free speech policy is subject to
civil liability pursuant to § 49-7-3208.
(e) The governing body for each institution shall incorporate its campus free
speech policy into the institution's bylaws and post the campus free speech policy on the
institution's website.
SECTION 4. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 5. If any provision of this act or the application of any provision of this act to
any person or circumstance is held invalid, the invalidity does not affect other provisions or

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applications of the act that can be given effect without the invalid provision or application, and to
that end, the provisions of this act are severable.
SECTION 6. For purposes of adopting policies, this act takes effect upon becoming a
law, the public welfare requiring it. For all other purposes, this act takes effect July 1, 2026, the
public welfare requiring it.