Reinforcing Free Speech on College Campuses

Reinforcing Free Speech on College Campuses

Thursday, April 28, 2022

The U.S. Supreme Court has continuously upheld First Amendment rights on state college campuses by stressing the importance of promoting an environment of different ideas and free academic discussion. Unfortunately, concerns regarding colleges limiting student expression when their stances differ from a favored viewpoint have arisen.

In response to these concerns, House Enrolled Act 1190 reinforces free speech and association on college campuses.

HEA 1190 prohibits colleges and universities from discriminating against a religious, political or ideological student organization based on their lawful activities or a requirement of the institution. This includes members following the institution's set code of conduct.

This legislation ensures colleges cannot ban lawful expressive activity in outdoor areas of campus. Reasonable time, place and manner restrictions can still be enforced within the bounds of specific criteria.

If infringed upon, a student organization or individual can bring a cause of action for violation of free speech rights before a court.

Indiana is the 22nd state to pass this type of legislation, preventing state educational institutions from unconstitutionally restricting student expression. HEA 1190 helps bolster Indiana's support for freedom of speech and the First Amendment.

To read more about HEA 1190 and other legislation passed this session, click here.