(1) free speech is a fundamental right and a
safeguard against political and intellectual tyranny;
(2) curtailment of free speech strikes twice at
intellectual freedom, for whoever deprives a person
of the right to state unpopular views necessarily de-
prives other persons of the right to listen to the
views;
(3) the primary and traditional function of a
university is to disseminate knowledge and assist in
the search for truth, and, in order to carry out the
function, to do everything possible to ensure the free
exchange of ideas and the fullest degree of intellec-
tual freedom;
(4) therefore, to carry out the function of the
university, every member of the university has an
obligation to permit free expression, and every uni-
versity official has a special obligation to foster free-
dom of speech and to ensure that the speech is not
obstructed, at the university; and
(5) unfortunately, some universities and other
institutions of higher education are using Federal
funds to institute prior restraints on speech, by tak-
ing action such as instituting behavior codes and
harassment policies that require ‘‘politically correct’’
speech, with the effect of suppressing unpopular
viewpoints.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that students attending
universities, or other institutions of higher education, that
receive Federal funds should be able to exercise full rights
to freedom of speech on campus free from official
intrusion.
SEC. 4. PROHIBITION OF DISCRIMINATION.
(a) IN GENERAL.—Title IX of the Education Amend-
ments of 1972 is amended by inserting after section 901
(20 U.S.C. 1681) the following new section:
‘‘SEC. 901A. PROHIBITION OF DISCRIMINATION BASED ON
PROTECTED SPEECH.
‘‘(a) PROHIBITION.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), no student attending an institution of
higher education shall, on the basis of protected
speech, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination or
official sanction under, any education program or
activity receiving Federal financial assistance under
the Higher Education Act of 1965 (20 U.S.C. 1001
et seq.).
‘‘(2) 
RELIGIOUS
AND
MILITARY
INSTITU-
TIONS.—Paragraph (1) shall not apply to an institu-
tion of higher education—
‘‘(A) that is controlled by or affiliated with
a religious organization, if the application of
this section would not be consistent with the re-
ligious tenets of such organization; or
‘‘(B) whose primary purpose is the train-
ing of individuals for—
‘‘(i) the military service of the United
States; or
‘‘(ii) the merchant marine.
‘‘(b) CONSTRUCTION.—Nothing in subsection (a)
shall be construed to prevent—
‘‘(1) the imposition of an official sanction on a
student determined to have willfully participated in
the disruption or attempted disruption of a lecture,
class, speech, presentation, or performance, made or
scheduled to be made, under the auspices of the in-
stitution of higher education; or
‘‘(2) actions by the institution of higher edu-
cation that are necessary to ensure—
‘‘(A) the physical safety of individuals;
‘‘(B) the protection of property; and
‘‘(C) the continuation of the academic and
administrative process without interference.
‘‘(c) DEFINITIONS.—As used in this section:
‘‘(1) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’ has the
meaning given the term in section 1201(a) of the
Higher Education Act of 1965 (20 U.S.C. 1141(a)).
‘‘(2) PROTECTED
SPEECH.—The term ‘pro-
tected speech’ means speech that is protected under
the first and fourteenth amendments to the United
States Constitution, or would be so protected if the
institution of higher education were subject to those
amendments.
‘‘(3) OFFICIAL SANCTION.—The term ‘official
sanction’—
‘‘(A) means expulsion, suspension, proba-
tion, censure, condemnation, reprimand, or any
other disciplinary, coercive, or adverse action
taken by an institution of higher education or
an administrative unit of the institution; and
‘‘(B) includes an oral or written warning
made by an official of an institution of higher
education acting in the official capacity of the
official.’’.
(b) FEDERAL ADMINISTRATIVE ENFORCEMENT.—
Section 902 of the Education Amendments of 1972 (20
U.S.C. 1682) is amended in the first sentence by striking
out ‘‘section 901’’ and inserting ‘‘sections 901 and 901A’’.
Æ