H.B. 607
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 13, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH30256-MT-59
Short Title: Prohibit Compelled Speech/Higher Ed. (Public)
Sponsors: Representative Tyson.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO PROHIBIT CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF
3 NORTH CAROLINA AND COMMUNITY COLLEGES FROM COMPELLING
4 CERTAIN FORMS OF STUDENT AND EMPLOYEE SPEECH.
5 The General Assembly of North Carolina enacts:
6
7 PART I. PROHIBIT CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF
8 NORTH CAROLINA FROM COMPELLING CERTAIN FORMS OF STUDENT AND
9 EMPLOYEE SPEECH
10 SECTION 1.(a) G.S. 116-300 reads as rewritten:
11 "§ 116-300. Policies required.
12 The Board of Governors of The University of North Carolina shall develop and adopt a policy
13 on free expression that states, at least, the following:
14 …
15 (3) The constituent institution may not take action, as an institution, on the public
16 policy controversies of the day in such a way as to require students, faculty,
17 or administrators to publicly express a given view of social policy.
18 (3a) In accordance with G.S. 116-306, the constituent institution may not require
19 applicants for admission or employment to endorse or describe their actions
20 related to matters of contemporary political debate or social action.
21 …."
22 SECTION 1.(b) Article 36 of Chapter 116 of the General Statutes is amended by
23 adding a new section to read:
24 "§ 116-306. Prohibition on compelling speech.
25 (a) For purposes of this section, the term "interested person" shall refer to either of the
26 following:
27 (1) An employee of a constituent institution.
28 (2) An applicant for (i) admission to a constituent institution or (ii) employment
29 with a constituent institution.
30 (b) Each constituent institution of The University of North Carolina shall comply with
31 the following:
32 (1) Refrain from soliciting or requiring an interested person to endorse or opine
33 about beliefs, affiliations, ideals, or principles regarding matters of
34 contemporary political debate or social action as a condition to admission,
35 employment, or professional advancement.
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 General Assembly Of North Carolina Session 2023
1 (2) Refrain from soliciting or requiring an interested person to describe his or her
2 actions in support of, or in opposition to, the beliefs, affiliations, ideals, or
3 principles identified in subdivision (1) of this subsection.
4 (c) Practices prohibited by this section include solicitations or requirements for
5 commitments to particular views on matters of contemporary political debate or social action
6 contained on applications or qualifications for admission or employment or included as criteria
7 for analysis of an employee's career progress.
8 (d) Any constituent institution may submit a request to the President of The University
9 of North Carolina for written approval to institute a requirement or solicitation otherwise
10 prohibited by this section, as follows:
11 (1) Prior to submitting the request, the constituent institution shall determine that
12 the requirement or solicitation is necessary for reasons related to the
13 educational, research, or public-service mission of The University of North
14 Carolina pursuant to G.S. 116-1.
15 (2) The President may approve the request, in his or her discretion, following a
16 discussion on the matter at a meeting of the Committee on University
17 Governance of the Board of Governors of The University of North Carolina
18 in open session. The meeting shall be attended by the following members
19 associated with the requesting constituent institution:
20 a. The chancellor.
21 b. The provost.
22 c. The chair of the board of trustees.
23 (e) An employee of a constituent institution who fails to comply with the requirements
24 of this section shall be subject to disciplinary procedures as determined by the Board of
25 Governors of The University of North Carolina.
26 (f) Nothing in this section shall be construed to do any of the following:
27 (1) Permit an interested person to bring a cause of action against The University
28 of North Carolina, a constituent institution of The University of North
29 Carolina, the State of North Carolina, or any subdivision thereof.
30 (2) Limit the principles of campus free speech articulated in G.S. 116-300.
31 (3) Infringe on the ability of an interested person to voluntarily opine or speak
32 regarding any matter, including matters of contemporary political debate or
33 social action.
34 (4) Prohibit discussion with or questions to an interested person regarding the
35 content of the person's resume, curriculum vitae, body of scholarship, or other
36 written work or oral remarks presented by the person.
37 (5) Modify or affect the ability of a constituent institution to ensure its employees
38 comply with applicable federal or State law, including employment oaths,
39 appointment affidavits, and licensure and certification requirements."
40
41 PART II. PROHIBIT COMMUNITY COLLEGES FROM COMPELLING CERTAIN
42 FORMS OF STUDENT AND EMPLOYEE SPEECH
43 SECTION 2.(a) G.S. 115D-5 is amended by adding a new subsection to read:
44 "(z) The State Board shall adopt a policy in accordance with G.S. 115D-82 that prohibits
45 community colleges from requiring applicants for admission or employment to endorse or
46 describe their actions related to matters of contemporary political debate or social action."
47 SECTION 2.(b) Article 7 of Chapter 115D of the General Statutes is amended by
48 adding a new section to read:
49 "§ 115D-82. Prohibition on compelling speech.
50 (a) For purposes of this section, the term "interested person" shall refer to either of the
51 following:
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1 (1) An employee of a community college.
2 (2) An applicant for (i) admission to a community college or (ii) employment with
3 a community college.
4 (b) Each community college shall comply with the following:
5 (1) Refrain from soliciting or requiring an interested person to endorse or opine
6 about beliefs, affiliations, ideals, or principles regarding matters of
7 contemporary political debate or social action as a condition to admission,
8 employment, or professional advancement.
9 (2) Refrain from soliciting or requiring an interested person to describe his or her
10 actions in support of, or in opposition to, the beliefs, affiliations, ideals, or
11 principles identified in subdivision (1) of this subsection.
12 (c) Practices prohibited by this section include solicitations or requirements for
13 commitments to particular views on matters of contemporary political debate or social action
14 contained on applications or qualifications for admission or employment or included as criteria
15 for analysis of an employee's career progress.
16 (d) Any community college may submit a request to the President of the North Carolina
17 Community College System for written approval to institute a requirement or solicitation
18 otherwise prohibited by this section, as follows:
19 (1) Prior to submitting the request, the community college shall determine that
20 the requirement or solicitation is necessary for reasons related to the purpose
21 of the community colleges pursuant to G.S. 115D-1.
22 (2) The President may approve the request, in his or her discretion, following a
23 discussion on the matter at a meeting of the State Board of Community
24 Colleges or a subcommittee thereof in open session. The meeting shall be
25 attended by the following members associated with the requesting community
26 college:
27 a. The chancellor.
28 b. The provost.
29 c. The chair of the board of trustees.
30 (e) An employee of a community college who fails to comply with the requirements of
31 this section shall be subject to disciplinary procedures as determined by the State Board of
32 Community Colleges.
33 (f) Nothing in this section shall be construed to do any of the following:
34 (1) Permit an interested person to bring a cause of action against the Community
35 Colleges System Office, the State Board of Community Colleges, one or more
36 community colleges, the State of North Carolina, or any subdivision thereof.
37 (2) Infringe on the ability of an interested person to voluntarily opine or speak
38 regarding any matter, including matters of contemporary political debate or
39 social action.
40 (3) Prohibit discussion with or questions to an interested person regarding the
41 content of the person's resume, curriculum vitae, body of scholarship, or other
42 written work or oral remarks presented by the person.
43 (4) Modify or affect the ability of a community college to ensure its employees
44 comply with applicable federal or State law, including employment oaths,
45 appointment affidavits, and licensure and certification requirements."
46
47 PART III. EFFECTIVE DATE
48 SECTION 3. This act is effective when it becomes law and applies beginning with
49 the 2023-2024 academic year.
DRH30256-MT-59 Page 3


Statutes affected:
Filed: 116-300, 115D-5
Edition 1: 116-300, 115D-5