speech guaranteed by the First Amendment to the 
Constitution of the United States; 
‘‘(B) 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 
‘‘(C) no public institution of higher education 
directly or indirectly receiving financial assistance 
under this Act should restrict the speech of such in-
stitution’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) In the case of an institution that is a 
public institution, the institution will comply with 
the expressive activity protections described in sec-
tion 493E.’’; and 
(2) in part G, by adding at the end the fol-
lowing: 
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‘‘SEC. 493E. CAMPUS SPEECH POLICIES AT PUBLIC UNIVER-
SITIES. 
‘‘(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. 
‘‘(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 ex-
pressive activity in a generally accessible outdoor 
area on the institution’s campus if the person’s con-
duct is lawful. 
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‘‘(2) RESTRICTIONS.—An institution of higher 
education described in paragraph (1) may not main-
tain or enforce time, place, or manner restrictions on 
an expressive activity in a generally accessible out-
door area of the institution’s campus unless the re-
striction— 
‘‘(A) is necessary to achieve a compelling 
governmental interest; 
‘‘(B) is the least restrictive means of fur-
thering that compelling governmental interest; 
‘‘(C) is based on published, content-neu-
tral, and viewpoint-neutral criteria; 
‘‘(D) leaves open ample alternative chan-
nels 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 ac-
tivity in an area on an institution’s campus that is 
not a generally accessible outdoor area. 
‘‘(4) NONAPPLICATION
TO
SERVICE
ACAD-
EMIES.—This section shall not apply to an institu-
tion of higher education whose primary purpose is 
the training of individuals for the military services 
of the United States, or the merchant marine. 
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‘‘(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 sub-
section (b)(1), were violated. 
‘‘(2) ACTIONS.—Notwithstanding any other 
provision of law, in an action brought under this sec-
tion, the Federal court shall decide de novo all rel-
evant questions of fact and law, including the inter-
pretation 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 ac-
tivity rights were violated brought the ac-
tion, award the person— 
‘‘(I) not less than $500 for an 
initial violation; and 
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‘‘(II) if the person notifies the in-
stitution 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. 
‘‘(d) STATUTE OF LIMITATIONS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (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 ini-
tial violation of subsection (b), and each day that an 
institution’s policy in violation of subsection (b) re-
mains in effect, shall constitute a continuing viola-
tion 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. 
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‘‘(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 Con-
stitution of the United States; or 
‘‘(ii) maintains or enforces time, 
place, or manner restrictions on an expres-
sive activity in a generally accessible out-
door area of the institution’s campus that 
do not comply with subparagraphs (A) 
through (E) of subsection (b)(2). 
‘‘(B) COURT
REVIEW.—Notwithstanding 
any other provision of law, the Secretary’s de-
terminations under this subsection shall be re-
viewed de novo with respect to all relevant ques-
tions of fact and law, including the interpreta-
tion of constitutional, statutory, and regulatory 
provisions, unless the parties stipulate other-
wise. 
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‘‘(2) DESIGNATION OF AN EMPLOYEE TO RE-
CEIVE COMPLAINTS.—The Secretary shall designate 
an employee in the Office of Postsecondary Edu-
cation of the Department to receive complaints from 
students or student organizations at a given public 
institution of higher education, or from any other 
person or organization, regarding policies at the in-
stitution— 
‘‘(A) that infringe upon the expressive 
rights of students under the First Amendment 
to the Constitution of the United States; or 
‘‘(B) that maintain or enforce time, place, 
or manner restrictions on an expressive activity 
in a generally accessible outdoor area of the in-
stitution’s campus that do not comply with sub-
paragraphs (A) through (E) of subsection 
(b)(2). 
‘‘(3) 
COMPLAINT.—A 
complaint 
submitted 
under subparagraph (2)— 
‘‘(A) shall include the provision of the in-
stitution’s policy the complainant believes either 
infringes upon the expressive rights of students 
under the First Amendment to the Constitution 
of the United States or maintains or enforces 
time, place, or manner restrictions on an ex-
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pressive activity in a generally accessible out-
door area of the institution’s campus that does 
not comply with subparagraphs (A) through (E) 
of subsection (b)(2), along with any evidence re-
garding the operation and enforcement of such 
policy the complainant deems relevant; and 
‘‘(B) may include an argument as to why 
the policy in question either infringes upon the 
expressive rights of students under the First 
Amendment to the Constitution of the United 
States or maintains or enforces time, place, or 
manner restrictions on an expressive activity in 
a generally accessible outdoor area of the insti-
tution’s campus that does not comply with sub-
paragraphs (A) through (E) of subsection 
(b)(2). 
‘‘(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. 
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‘‘(ii) INSTITUTION
RESPONSE.—Not 
later than 30 days after the date the Sec-
retary 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 com-
plaint; 
‘‘(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
COMPLAIN-
ANT.— 
‘‘(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 in-
stitution pursuant to clause (ii), the 
Secretary shall make available to the 
complainant a copy of such revised 
policy or defense. 
‘‘(II) RESPONSE
BY
COMPLAIN-
ANT.—Not later than 60 days after 
the date of receipt of a revised policy 
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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 IN-
STITUTION OF RESPONSE.—Not later 
than 7 days after the date of receipt 
of a response under subclause (II), 
the Secretary shall submit to the in-
stitution a copy of such response. 
‘‘(iv) DETERMINATIONS.—If the insti-
tution 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 oc-
casioned 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 com-
plaint in question has insufficient 
merit to proceed to Second Stage Re-
view described in subparagraph (B). 
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‘‘(II) Determine that the com-
plaint 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 Sec-
retary 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 insti-
tution and the complainant of the com-
mencement of the Second Stage Review, 
and shall give the institution the option of 
entirely withdrawing the policy that occa-
sioned the complaint or submitting a re-
vised policy for review within 30 days of 
the commencement of the Second Stage 
Review. In such notification submitted to 
the institution and complainant, the Sec-
retary shall indicate the relevant sections 
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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 oc-
casioned the complaint, or the revised pol-
icy submitted during the First Stage Re-
view, or the revised policy submitted within 
the first 30 days of the Second Stage Re-
view, 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, there-
by ending Second Stage Review. 
‘‘(iii) INVESTIGATION.—During Sec-
ond Stage Review, the Secretary may con-
duct an investigation in which further in-
formation may be sought or requested 
from the complainant, the institution, or 
any other source the Secretary determines 
pertinent. 
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‘‘(iv) 
CERTIFICATION
OF
WITH-
DRAWAL.—At any point during the Second 
Stage Review, the institution in question 
may certify to the Secretary that it has en-
tirely withdrawn the policy that occasioned 
the complaint, thereby ending the Second 
Stage Review. 
‘‘(v) NOTIFICATION
AND
JUSTIFICA-
TION.—If the Secretary determines by the 
conclusion of Second Stage Review that 
the policy that occasioned the complaint or 
the revised policy submitted for review dur-
ing First Stage Review or Second Stage 
Review is consistent with the expressive 
rights of students under the First Amend-
ment to the Constitution of the United 
States and the restrictions on the regula-
tion of speech by time, place, and manner 
set forth in this Act— 
‘‘(I) the Secretary shall notify the 
complainant and the institution of 
such determination not more than 7 
days after the date of the determina-
tion; and 
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‘‘(II) the Secretary shall explain 
and justify such determination in a 
written decision citing relevant legal 
precedent, copies of which shall be 
sent to the complainant, the institu-
tion, and made available for public in-
spection, including for online reading 
by the public. 
‘‘(C) DETERMINATION THAT INSTITUTION 
IS OUT OF COMPLIANCE.— 
‘‘(i) IN GENERAL.—If, upon comple-
tion of the Second Stage Review, the Sec-
retary determines that the policy that occa-
sioned the complaint, or the revised policy 
submitted for review during the First 
Stage Review or Second Stage Review, vio-
lates the First Amendment to the Con-
stitution of the United States or the re-
strictions on the regulation of speech set 
forth in this section, the Secretary shall 
notify the complainant and the institution 
not more than 7 days after the date of 
completion of Second Stage Review that 
the institution is out of compliance with 
the requirements for receiving funds under 
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this Act, including participation in any 
program under this title, but will be grant-
ed a grace period of 120 days to return to 
compliance before being formally stripped 
of eligibility. 
‘‘(ii) POSTING; EXPLANATION; FINAL 
REVIEW.—As part of the notification under 
clause (i), the Secretary shall— 
‘‘(I) require the institution to 
post the determination of the Sec-
retary on the website of the institu-
tion within 2 clicks of the homepage, 
without a paywall, email login, or 
other restriction to access; 
‘‘(II) explain and justify the de-
termination of the Secretary in a writ-
ten decision citing relevant legal 
precedent, copies of which shall be 
sent to the complainant, the institu-
tion, and made available for public in-
spection, including for online reading 
by the public; and 
‘‘(III) inform the institution that 
Final Review has begun and that the 
institution must either certify to the 
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Secretary that it has entirely with-
drawn the policy that occasioned the 
complaint, or submit a revised policy 
for review to the Secretary not later 
than 60 days after the date of receipt 
of notice of the conclusion of Second 
Stage Review. 
‘‘(D) FINAL REVIEW.— 
‘‘(i) IN GENERAL.—If an institution 
submits a revised policy for review as de-
scribed in subparagraph (C)(ii)(III), the 
Secretary shall review such revised policy 
and determine not later than 120 days 
after the date of commencement of Final 
Review whether the revised policy is con-
sistent with the expressive rights of stu-
dents under the First Amendment to the 
Constitution of the United States and with 
the restrictions on the regulation of speech 
by time, place, and manner set forth in 
this Act. 
‘‘(ii) DETERMINATION
OF
COMPLI-
ANCE.—If the Secretary determines, as de-
scribed in clause (i), that the revised policy 
is consistent with the expressive rights of 
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students under the First Amendment to 
the Constitution of the United States and 
with the restrictions on the regulation of 
speech by time, place, and manner set 
forth in this Act, the Secretary shall notify 
the complainant and the institution of such 
determination not more than 7 days after 
the date the determination is made, there-
by ending the final Stage Review. 
‘‘(iii) DETERMINATION
OF
VIOLA-
TION.—If the Secretary determines, as de-
scribed in clause (i), that the revised policy 
violates the expressive rights of students 
under the First Amendment to the Con-
stitution of the United States or the re-
strictions on the regulation of speech by 
time, place, and manner set forth in this 
Act, the Secretary shall— 
‘‘(I) notify the complainant and 
the institution of such determination 
not more than 7 days after the date 
the determination is made, thereby 
ending the final Stage Review; and 
‘‘(II) explain and justify the de-
termination in a written decision cit-
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ing relevant legal precedent, copies of 
which shall be sent to the complain-
ant, the institution, and made avail-
able for public inspection, including 
for online reading by the public. 
‘‘(E) LOSS OF ELIGIBILITY.— 
‘‘(i) IN
GENERAL.—If the Secretary 
determines, during the Final Stage Review, 
that the institution’s policy in question vio-
lates the expressive rights of students 
under the First Amendment to the Con-
stitution of the United States or the re-
strictions on the regulation of speech by 
time, place, and manner set forth in this 
Act, the Secretary shall— 
‘‘(I) notify the complainant and 
the institution not more than 7 days 
after the date of the determination 
that the institution will lose eligibility 
to receive funds under this Act, in-
cluding participation in any program 
under this title, in accordance with 
this subparagraph; 
‘‘(II) notify the institution that 
the loss of eligibility shall go into ef-
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