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Bill > HB2472


KS HB2472

KS HB2472
Enacting the forming open and robust university minds or FORUM Act, prohibiting postsecondary educational institutions from certain actions concerning freedom of speech, expression and association, providing exceptions thereto, providing for monetary damages, and requiring the submission of a report to the legislature and the governor.


summary

Introduced
01/20/2026
In Committee
01/20/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT concerning postsecondary educational institutions; enacting the forming open and robust university minds act or FORUM Act; prohibiting such institutions from certain actions concerning freedom of speech, expression and association; providing exceptions thereto; providing for monetary damages; requiring the submission of a report to the legislature and the governor. WHEREAS, The first amendment to the Constitution of the United States and section 11 of the bill of rights of the Constitution of the State of Kansas guarantee every citizen the right to freedom of speech, expression and association and to petition the government; and WHEREAS, The United States supreme court has emphasized that public universities are the "marketplace of ideas" (Healy v. James, 408 U.S. 169) and that suppressing student speech risks stagnating a free society (Sweezy v. New Hampshire, 354 U.S. 234); and WHEREAS, Specific policies on Kansas postsecondary educational institution campuses, including the creation of free speech zones, prior restraint through permit processes and preference toward affiliated speakers, are inconsistent with constitutional protections; and WHEREAS, It is essential to reaffirm that postsecondary educational institutions funded by Kansas taxpayers must protect the expressive rights of all students, faculty, staff and invited guests. Now, therefore:

AI Summary

This bill, known as the Forming Open and Robust University Minds (FORUM) Act, aims to protect freedom of speech, expression, and association at postsecondary educational institutions in Kansas, which are defined as public universities, municipal universities, community colleges, and technical colleges. It declares all outdoor campus areas as public forums, prohibiting institutions from restricting speech to designated "free speech zones" and allowing time, place, and manner restrictions only if they are narrowly tailored, content-neutral, clearly published, and offer alternative expression methods. The act permits individuals to engage in lawful, noncommercial expressive activity in outdoor areas without prior approval, as long as it doesn't "materially and substantially disrupt" campus operations, meaning it significantly hinders others' activities through violence, threats, or physical obstruction, excluding minor or fleeting nonviolent disruptions. Institutions are forbidden from requiring permits based solely on a speaker's affiliation, imposing advance notice for spontaneous assemblies, prioritizing affiliated speakers, or using policies that act as censorship. Furthermore, student organizations cannot be denied benefits, such as recognition or use of facilities, based on their mission, beliefs, membership standards, or adherence to organizational values. The bill mandates that institutions publish their speech policies online and in student handbooks, train staff on these policies, and submit an annual report to the legislature and governor detailing speech restrictions, disruptions, legal actions, monetary damages awarded, and policy changes. Individuals or student organizations aggrieved by a violation can sue the institution for declaratory relief or an injunction, and if a violation is found, the court can order compliance, impose monetary damages up to $5,000 per violation, and award attorney fees and court costs if the violation was not made in good faith or without a reasonable basis. The act also extends protections to online expression, prohibiting retaliation against individuals or organizations for protected speech on digital platforms and requiring that any disciplinary action for online speech meet the same standards as on-campus speech, with institutions unable to require pre-publication approval for digital content unless narrowly tailored to address compelling interests like threats of violence.

Committee Categories

Budget and Finance

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Higher Education Budget (House)

Last Action

House Referred to Committee on Higher Education Budget (on 01/20/2026)

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