[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6663 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6663
To amend the Higher Education Act of 1965 to ensure that public
institutions of higher education eschew policies that improperly
constrain the expressive rights of students, and to ensure that private
institutions of higher education are transparent about, and responsible
for, their chosen speech policies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 11, 2025
Mr. Murphy introduced the following bill; which was referred to the
Committee on Education and Workforce
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to ensure that public
institutions of higher education eschew policies that improperly
constrain the expressive rights of students, and to ensure that private
institutions of higher education are transparent about, and responsible
for, their chosen speech policies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Free Speech Restoration
Act''.
SEC. 2. PROTECTION OF STUDENT SPEECH AND ASSOCIATION RIGHTS.
Section 112(a) of the Higher Education Act of 1965 (20 U.S.C.
1011a(a)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) It is the sense of Congress that--
``(A) every individual should be free to profess, and to
maintain, the opinion of such individual in matters of religion
or philosophy, and that professing or maintaining such opinion
should in no way diminish, enlarge, or affect the civil
liberties or rights of such individual on the campus of an
institution of higher education;
``(B) no public institution of higher education directly or
indirectly receiving financial assistance under this Act should
limit religious expression, free expression, or any other
rights provided under the First Amendment to the Constitution
of the United States;
``(C) free speech zones and restrictive speech codes are
inherently at odds with the freedom of speech guaranteed by the
First Amendment to the Constitution of the United States;
``(D) bias reporting systems are susceptible to abuses that
may put them at odds with the freedom of speech guaranteed by
the First Amendment to the Constitution of the United States;
and
``(E) no public institution of higher education directly or
indirectly receiving financial assistance under this Act should
restrict the speech of such institution's students through
improperly restrictive zones, codes, or bias reporting
systems.''.
SEC. 3. CAMPUS SPEECH POLICIES AT INSTITUTIONS OF HIGHER EDUCATION.
Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.) is amended--
(1) in section 487(a), by adding at the end the following:
``(30)(A) In the case of a public institution (other than
an institution described in section 494A(b)(4)), the
institution will comply with the expressive activity
protections described in section 494A.
``(B) In the case of a private institution (other than an
institution described in section 494B(e)), the institution will
comply with the expressive activity requirements described in
section 494B.''; and
(2) in part G, by adding at the end the following:
``SEC. 494A. CAMPUS SPEECH POLICIES AT PUBLIC UNIVERSITIES.
``(a) Definition of Expressive Activities.--
``(1) In general.--In this section, the term `expressive
activity' includes--
``(A) peacefully assembling, protesting, speaking,
or listening;
``(B) distributing literature;
``(C) carrying a sign;
``(D) circulating a petition; or
``(E) other expressive rights guaranteed under the
First Amendment to the Constitution of the United
States, including religious rights.
``(2) Exclusions.--In this section, the term `expressive
activity' does not include unprotected speech (as defined by
the precedents of the Supreme Court of the United States).
``(b) Expressive Activities at an Institution.--
``(1) In general.--Each public institution of higher
education participating in a program under this title may not
prohibit, subject to paragraph (2), a person from freely
engaging in noncommercial expressive activity in a generally
accessible area on the institution's campus if the person's
conduct is lawful.
``(2) Restrictions.--An institution of higher education
described in paragraph (1) may not maintain or enforce time,
place, or manner restrictions on an expressive activity in a
generally accessible area of the institution's campus unless
the restriction--
``(A) is necessary to achieve a compelling
governmental interest;
``(B) is the least restrictive means of furthering
that compelling governmental interest;
``(C) is based on published, content-neutral, and
viewpoint-neutral criteria;
``(D) leaves open ample alternative channels for
communication; and
``(E) provides for spontaneous assembly and
distribution of literature.
``(3) Application.--The protections provided under
paragraph (1) do not apply to expressive activity in an area on
an institution's campus that is not a generally accessible
area.
``(4) Nonapplication to service academies.--This section
shall not apply to an institution of higher education whose
primary purpose is the training of individuals for the military
services of the United States, or the merchant marine.
``(c) Causes of Action.--
``(1) Authorization.--The following persons may bring an
action in a Federal court of competent jurisdiction to enjoin a
violation of subsection (b) or to recover compensatory damages,
reasonable court costs, or reasonable attorney fees:
``(A) The Attorney General.
``(B) A person claiming that the person's
expressive activity rights, as described in subsection
(b)(1), were violated.
``(2) Actions.--Notwithstanding any other provision of law,
in an action brought under this section, the Federal court
shall decide de novo all relevant questions of fact and law,
including the interpretation of constitutional, statutory, and
regulatory provisions, unless the parties stipulate otherwise.
In an action brought under this subsection, if the court finds
a violation of subsection (b), the court--
``(A) shall--
``(i) enjoin the violation; and
``(ii) if a person whose expressive
activity rights were violated brought the
action, award the person--
``(I) not less than $500 for an
initial violation; and
``(II) if the person notifies the
institution of the violation, $50 for
each day the violation continues after
the notification if the institution did
not act to discontinue the cause of the
violation; and
``(B) may award a prevailing plaintiff--
``(i) compensatory damages;
``(ii) reasonable court costs; or
``(iii) reasonable attorney fees.
``(3) Basis for enactment.--This subsection is enacted as
an exercise of the enforcement power of the Congress under
section 5 of the Fourteenth Amendment to the Constitution to
protect expressive activities.
``(d) Statute of Limitations.--
``(1) In general.--Except as provided in paragraph (3), an
action under subsection (c) may not be brought later than 1
year after the date of the violation.
``(2) Continuing violation.--Each day that a violation of
subsection (b) continues after an initial violation of
subsection (b), and each day that an institution's policy in
violation of subsection (b) remains in effect, shall constitute
a continuing violation of subsection (b).
``(3) Extension.--For a continuing violation described in
paragraph (2), the limitation described in paragraph (1) shall
extend to 1 year after the date on which the most recent
violation occurs.
``(e) Federal Review of Speech Policies.--
``(1) No eligibility for funds.--
``(A) In general.--No public institution of higher
education shall be eligible to receive funds under this
Act, including participation in any program under this
title, if the Secretary determines that the
institution--
``(i) maintains a policy that infringes
upon the expressive rights of students under
the First Amendment to the Constitution of the
United States; or
``(ii) maintains or enforces time, place,
or manner restrictions on an expressive
activity in a generally accessible area of the
institution's campus that do not comply with
subparagraphs (A) through (E) of subsection
(b)(2).
``(B) Prohibition.--The Secretary may not conduct
an investigation for purposes of making a determination
under subparagraph (A) with respect to an institution
of higher education, unless such an investigation is
conducted under paragraph (4) with respect to a
complaint received under paragraph (2).
``(C) Court review.--Notwithstanding any other
provision of law, the Secretary's determinations under
this subsection shall be reviewed de novo with respect
to all relevant questions of fact and law, including
the interpretation of constitutional, statutory, and
regulatory provisions, unless the parties stipulate
otherwise.
``(2) Designation of an employee to receive complaints.--
The Secretary shall designate an employee in the Office of
Postsecondary Education of the Department to receive complaints
(whether electronically or by mail) from students or student
organizations at a given public institution of higher
education, or from any other person or organization, regarding
policies at the institution that meet the description of clause
(i) or (ii) of paragraph (1)(A).
``(3) Complaint.--A complaint submitted under subparagraph
(2)--
``(A) shall include the provision of the
institution's policy the complainant believes meets the
description of clause (i) or (ii) of paragraph (1)(A),
along with any evidence regarding the operation and
enforcement of such policy the complainant deems
relevant; and
``(B) may include an argument and any other
supplemental information as to why the policy in
question meets such description.
``(4) System of review.--
``(A) First stage review.--
``(i) Request for response.--Not later than
7 days after the date of receipt of a complaint
under paragraph (2), the Secretary shall review
the complaint and request a response to the
complaint from the institution.
``(ii) Institution response.--Not later
than 30 days after the date the Secretary
requests a response under clause (i), the
institution shall--
``(I) certify to the Secretary that
the institution has entirely withdrawn
the policy that occasioned the
complaint;
``(II) submit a revised policy for
review by the Secretary; or
``(III) submit a defense of the
policy that occasioned the complaint.
``(iii) Availability to complainant.--
``(I) In general.--Not later than 7
days after the date of receipt of a
revised policy or defense of the
original policy as submitted by the
institution pursuant to clause (ii),
the Secretary shall make available to
the complainant a copy of such revised
policy or defense.
``(II) Response by complainant.--
Not later than 60 days after the date
of receipt of a revised policy or
defense of the original policy under
subclause (I), the complainant may
submit to the Secretary a response to
the revised policy or defense of the
original policy.
``(III) Submission to the
institution of response.--Not later
than 7 days after the date of receipt
of a response under subclause (II), the
Secretary shall submit to the
institution a copy of such response.
``(iv) Determinations.--If the institution
declines to entirely withdraw the policy that
occasioned the complaint and either submits a
revised policy for review or submits a defense
of the policy that occasioned the complaint,
the Secretary shall, not later than 60 days
after the date of the deadline for a response
by the complaint as described in clause
(iii)(II), make one of the following
determinations:
``(I) Determine that the complaint
in question has insufficient merit to
proceed to Second Stage Review
described in subparagraph (B).
``(II) Determine that the complaint
in question has sufficient merit to
proceed to Second Stage Review
described in subparagraph (B).
``(v) Notification.--Not later than 7 days
after the date the Secretary makes a
determination under clause (iv), the Secretary
shall notify the institution and the
complainant of such determination.
``(vi) End.--The determination under clause
(iv) shall constitute the end of First Stage
Review.
``(B) Second stage review.--
``(i) In general.--In a Second Stage
Review, the Secretary shall notify the
institution and the complainant of the
commencement of the Second Stage Review, and
shall give the institution the option of
entirely withdrawing the policy that occasioned
the complaint or submitting a revised policy
for review within 30 days of the commencement
of the Second Stage Review. In such
notification submitted to the institution and
complainant, the Secretary shall indicate the
relevant sections of the institution's policy
in question and explain why these sections may
be out of compliance.
``(ii) Determination.--Not later than 90
days from the commencement of the Second Stage
Review, the Secretary shall determine whether
the policy that occasioned the complaint, or
the revised policy submitted during the First
Stage Review, or the revised policy submitted
within the first 30 days of the Second Stage
Review, is in violation of student rights under
the First Amendment to the Constitution of the
United States or of the restrictions on the
regulation of speech by time, place, and manner
set forth in this section, thereby ending
Second Stage Review.
``(iii) Investigation.--During Second Stage
Review, the Secretary may conduct an
investigation in which further information may
be sought or requested from the complainant,
the institution, or any other pertinent source.
``(iv) Certification of withdrawal.--At any
point during the Second Stage Review, the
institution in question may certify to the
Secretary that it has entirely withdrawn the
policy that occasioned the complaint, thereby
ending the Second Stage Review.
``(v) Notification