(2) Freedom of assembly and freedom of asso-
ciation are a necessary part of such freedom of 
speech. 
(3) The First Amendment of the Constitution 
of the United States, ratified on December 15, 
1791, protects freedom of speech for Americans. 
(4) Freedom of inquiry, impossible without the 
freedom of speech, should be a first principle 
amongst American public institutions of higher edu-
cation to promote civic deliberation, the discourse of 
ideas, and the search for truth. 
(5) Freedom of speech has been abridged at 
many public institutions of higher education. 
(6) It is necessary to clarify the rights of stu-
dents to assemble, associate, speak, and think freely. 
(7) It is necessary to notify students at public 
institutions of higher education of their rights under 
the First Amendment of the Constitution of the 
United States and ensure a fair judicial process for 
such students to challenge violations of their rights. 
SEC. 3. RIGHT TO FREE SPEECH IN OUTDOOR AREAS. 
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: 
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‘‘(30) In the case of a public institution, the in-
stitution will comply with the expressive activity pro-
tections described in section 493E.’’; and 
(2) in part G, by adding at the end the fol-
lowing: 
‘‘SEC. 493E. CAMPUS INDIVIDUAL RIGHTS. 
‘‘(a) DEFINITION OF EXPRESSIVE ACTIVITIES.— 
‘‘(1) IN GENERAL.—In this section, the term 
‘expressive activity’ includes— 
‘‘(A) peacefully assembling, protesting, or 
speaking; 
‘‘(B) distributing literature; 
‘‘(C) carrying a sign; or 
‘‘(D) circulating a petition. 
‘‘(2) EXCLUSIONS.—In this section, the term 
‘expressive activity’ does not include violence, har-
assment, or obscenity (as defined by applicable stat-
utory law in accordance with 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 student from freely engaging in noncommercial ex-
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pressive activity in an outdoor area on the institu-
tion’s campus if the student’s conduct is lawful. 
‘‘(2) RESTRICTIONS.—An institution of higher 
education described in paragraph (1) may maintain 
and enforce reasonable time, place, or manner re-
strictions on an expressive activity in an outdoor 
area of the institution’s campus, if the restriction— 
‘‘(A) is narrowly tailored to serve a signifi-
cant institutional interest; 
‘‘(B) is based on previously published, con-
tent-neutral, and viewpoint-neutral criteria; and 
‘‘(C) leaves open ample alternative chan-
nels for communication. 
‘‘(3) APPLICATION.—The protections provided 
under paragraph (1) do not apply to expressive ac-
tivity in an area on an institution’s campus that is 
not an outdoor area. 
‘‘(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 this section or 
any of paragraphs (31) through (34) of section 
487(a), or to recover compensatory damages, reason-
able court costs, or reasonable attorney fees: 
‘‘(A) The Attorney General. 
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‘‘(B) A person claiming that the person’s 
expressive activity rights, as described in sub-
section (b)(1), were violated. 
‘‘(2) ACTIONS.—In an action brought under 
this subsection, if the court finds a violation of this 
section, the court— 
‘‘(A) shall— 
‘‘(i) enjoin the violation; and 
‘‘(ii) if a person whose expressive ac-
tivity rights were violated brought the ac-
tion, award the person— 
‘‘(I) not less than $1,000 for an 
initial violation; and 
‘‘(II) if the person notifies the in-
stitution of the violation, $100 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. 
‘‘(d) STATUTE OF LIMITATIONS.— 
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‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), an action under this section may not be 
brought later than 1 year after the date on which 
the cause of action accrues. 
‘‘(2) CONTINUING VIOLATION.—Each day that 
a violation of this section continues after an initial 
violation of this section, and each day that an insti-
tution’s policy in violation of this section remains in 
effect, shall constitute a continuing violation of this 
section. 
‘‘(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.’’. 
SEC. 4. FREEDOM OF ASSOCIATION. 
Section 487(a) of the Higher Education Act of 1965 
(20 U.S.C. 1094(a)), as amended by section 3, is further 
amended by adding at the end the following: 
‘‘(31) In the case of a public institution, the in-
stitution will allow a religious or political student or-
ganization to determine that ordering the organiza-
tion’s internal affairs, selecting the organization’s 
leaders and members, defining the organization’s 
doctrines, and resolving the organization’s disputes 
are in furtherance of the organization’s religious or 
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political mission and that only persons committed to 
that mission should conduct such activities. 
‘‘(32) In the case of a public institution that 
has granted recognition and access to any student 
organization or group, the institution shall not dis-
criminate against any such student organization or 
group that exercises its rights under this Act.’’. 
SEC. 5. RIGHT FOR STUDENTS GROUPS TO INVITE SPEAK-
ERS. 
Section 487(a) of the Higher Education Act of 1965 
(20 U.S.C. 1094(a)), as amended by sections 3 and 4, is 
further amended by adding at the end the following: 
‘‘(33) In the case of a public institution, the in-
stitution will not abridge the freedom of any indi-
vidual, including enrolled students, faculty, other 
employees, and the invited guests of any such indi-
viduals, to speak on campus, except that the institu-
tion may restrict the use of its nonpublic facilities by 
invited guests. 
‘‘(34) In the case of a public institution, the in-
stitution— 
‘‘(A) will make all reasonable efforts and 
will make available all reasonable resources to 
ensure the safety of invited speakers; and 
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‘‘(B) will not charge security fees based 
on— 
‘‘(i) the content of the speech of an 
individual or organization that invites a 
speaker; or 
‘‘(ii) the content of the speech of an 
invited speaker.’’. 
SEC. 6. DISCLOSURE OF FREEDOM OF SPEECH ON CAMPUS 
POLICIES. 
Section 487(a) of the Higher Education Act of 1965 
(20 U.S.C. 1094(a)), as amended by sections 3 through 
5, is further amended by adding at the end the following: 
‘‘(35) In the case of a public institution, the in-
stitution will— 
‘‘(A) develop a written policy guaranteeing 
free speech, assembly, and association on cam-
pus in a manner that is consistent with the 
First Amendment, including the policy of the 
institution with respect to— 
‘‘(i) invitations by students to speak-
ers to speak at such institution; and 
‘‘(ii) student and faculty rights to 
free-speech, rights of association, and 
rights to publish; 
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‘‘(B) include in a statement that it is not 
the proper role of an institution to deprive indi-
viduals from speech protected by the First 
Amendment of the Constitution of the United 
States, including ideas and opinions they find 
unwelcome, disagreeable, or offensive; 
‘‘(C) if the institution is sued for an al-
leged violation of a right guaranteed by the 
First Amendment, submit a report with a copy 
of the complaint to— 
‘‘(i) the Secretary; 
‘‘(ii) the Committees on Education 
and the Workforce and Oversight and Gov-
ernment Reform of the House of Rep-
resentatives; and 
‘‘(iii) the Committees on Health, Edu-
cation, Labor, and Pensions and Homeland 
Security and Government Affairs of the 
Senate; 
‘‘(D) notify students of the information de-
scribed in subparagraphs (A), (B), and (C) an-
nually by mail or email and at freshman ori-
entation classes or seminars, if such seminars 
are offered; and 
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‘‘(E) publish the information described in 
subparagraphs (A), (B), and (C) on a publicly 
accessible website of the institution.’’. 
SEC. 7. APPLICABILITY TO CERTAIN INSTITUTIONS. 
Nothing in this Act or the amendments made by this 
Act shall apply to a student or a student organization at 
a public institution of higher education the primary mis-
sion of which is to prepare individuals for service in the 
Armed Forces or the merchant marine. 
Æ 
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