HB 1305-FN is a legislative bill aimed at safeguarding freedom of speech and association within public higher education institutions. It defines key terms relevant to the bill and designates outdoor areas on campuses as public forums, thereby prohibiting the restriction of expressive activities to designated "free speech zones." The bill allows for reasonable restrictions on expression based on time, place, and manner, as long as they are content- and viewpoint-neutral and do not significantly impede alternative means of expression. Additionally, it protects student organizations from discrimination based on their expression and ensures equal access to benefits and privileges. The bill permits legal action against public institutions and their employees for violations, including injunctive relief, monetary damages, and attorneys’ fees, with a cap on damages that is subject to annual adjustments. It also waives state immunity under the Eleventh Amendment for lawsuits related to this chapter and sets a one-year statute of limitations for bringing suits, with each day of a continuing violation constituting a new cause of action.

The fiscal note attached to the bill indicates no direct impact on state, county, or local revenue and does not authorize new positions for its implementation. However, the Community College System of New Hampshire (CCSNH) anticipates a one-time legal consultation cost of $4,000 in FY 2025 to align policies with the bill, and both CCSNH and the University System of New Hampshire (USNH) foresee indeterminable costs related to litigation, legal fees, and campus safety management. The exact financial impact of these potential costs is not provided. The bill includes a severability clause to maintain the validity of the remaining sections if any part is declared unconstitutional, and it is set to take effect on August 1, 2025.