VICTORY: FIRE-supported campus speech bill signed into law by Tennessee governor

Faculty and students at Tennessee’s public universities can speak more freely today after Governor Bill Lee signed the amended version of SB 1741 — the “Charlie Kirk Act” —  into law.

The measure expands on Tennessee’s existing campus free speech law to further protect students and faculty from censorship, including by:

• Prohibiting public institutions and their agents from retaliating or discriminating against faculty for viewpoints expressed in their scholarly work or for speech protected by the First Amendment;
• Requiring adoption of the “Chicago Statement,” which reaffirms the university’s “fundamental commitment” to open debate, and the Kalven Report, which says universities must not take positions on political or social issues;
• Clarifying that universities cannot disinvite speakers invited by students, faculty, or student organizations based on threatened protests or opposition; and
• Prohibiting retaliation based on a person’s religious views or their positions on abortion, homosexuality, or transgender issues.

FIRE highlighted several strengths with the initial draft of the Charlie Kirk Act, and some ambiguous language that left room for abuse and may have undermined the measure’s effectiveness. After the bill was amended to address these issues, FIRE Government Affairs Counsel Michael Hurley testified in support before the House Higher Education Subcommittee.

“Students learn best when they and faculty are free to engage in robust, uninhibited debate and discussion,” said Hurley. “By building on the state’s existing campus free speech law, the Charlie Kirk Act reaffirms Tennessee’s commitment to free thought and free minds in higher education.”

For example, the law’s prohibition on retaliating against faculty for their protected speech would have helped faculty who were targeted for their critical speech about Charlie Kirk after his tragic assassination. Going forward, faculty members who speak on similarly controversial topics can avail themselves of this law’s protections.

FIRE is grateful to Rep. Gino Bulso and Sen. Paul Rose, this bill’s sponsors, for their work on this important measure. It will immediately take effect for the purpose of adopting policies, and for all other purposes it will take effect on July 1.

The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

CONTACT:

Katie Stalcup, Communications Campaign Manager, FIRE: 215-717-3473; media@thefire.org