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Bill > SB419


KS SB419

KS SB419
Enacting the Kansas intellectual rights and knowledge act, providing a civil cause of action and penalties for violations of such act and authorizing students and student associations to exercise political and ideological beliefs, values and missions.


summary

Introduced
01/28/2026
In Committee
02/10/2026
Crossed Over
Passed
Dead

Introduced Session

Potential new amendment
2025-2026 Regular Session

Bill Summary

AN ACT concerning education; relating to postsecondary educational institutions; enacting the Kansas intellectual rights and knowledge act; providing a civil cause of action and penalties for violations of such act; authorizing students and student associations to exercise political and ideological beliefs, values and missions; amending K.S.A. 60- 5311, 60-5312 and 60-5313 and repealing the existing sections. WHEREAS, Charlie Kirk was a courageous American whose life was tragically and unjustly cut short in an act of political violence on September 10, 2025, at Utah Valley University; and WHEREAS, In 2012, Charlie Kirk, at 18 years old, founded Turning Point USA, a student movement with the mission to "identify, educate, train, and organize students to promote the principles of fiscal responsibility, free markets and limited government"; and WHEREAS, Charlie Kirk was a devoted Christian who boldly lived out his faith with conviction, courage and compassion and used his platform to encourage the free exchange of ideas, respectfully engaging in public debates on college campuses across America, including on college campuses in Kansas, as well as at foreign universities like Oxford; and WHEREAS, Charlie Kirk embodied the principles of the First Amendment of the Constitution of the United States by exercising his God-given right to speak freely and challenge prevailing narratives, and he did so with honor, courage and respect for his fellow Americans, serving as a role model for young Americans across the political spectrum; and WHEREAS, The assassination of Charlie Kirk was not only a heinous act of violence but a sobering reminder of the growing threat posed by political extremism and violence in our society; and WHEREAS, Such acts of politically motivated violence are antithetical to the principles of our nation, where differences of opinion are not to be silenced but are to be debated with civility, reason and mutual respect; and WHEREAS, Leaders at every level, including government, education, media and beyond, must stand united in unequivocal condemnation of political violence, regardless of ideology; and WHEREAS, The tragic loss of Charlie Kirk should serve as a turning point to recommit ourselves to the timeless American principles of liberty governed by truth and the virtues of peaceful dialogue; and SB 419 WHEREAS, The First Amendment of the United States Constitution protects the rights of freedom of speech, freedom of the press, freedom of religion, freedom of association and to petition the Government for all citizens; and WHEREAS, The Supreme Court has called public universities, "peculiarly the marketplace of ideas," Healy v. James, 408 U.S. 169, 180 (1972), where young adults learn to exercise these constitutional rights necessary to participate in our system of government and to tolerate others' exercise of the same rights. There is "no room for the view that…First Amendment protections should apply with less force on college campuses than in the community at large," Healy, 408 U.S. at 180; and WHEREAS, College campuses should be bastions of intellectual diversity, open debate and the free exchange of ideas, regardless of political or ideological affiliation; and WHEREAS, While speaking at Kansas State University on September 13, 2024, Charlie Kirk's microphone was turned off while he was still answering student questions, forcing him to continue his event by dangerously walking into the crowd; and WHEREAS, In 2022, the University of Kansas School of Law attempted to suppress speakers for a student association based merely on the viewpoint of the speakers invited on campus; and WHEREAS, The legislature finds that public universities in this state are failing to provide adequate safeguards for the First Amendment rights of students, leading to a stifling of expression on campus; and WHEREAS, The legislature condemns the politically motivated death of Charlie Kirk, all politically motivated violence and those who celebrate such violence; and WHEREAS, The legislature extends its condolences to Erika Kirk, their two young children, the entire Kirk family and Turning Point USA and all its subsidiaries in the loss of their husband, father, family member and organizational leader; and WHEREAS, The legislature has determined that a significant amount of taxpayer dollars is appropriated to public institutions of higher education each year and as such, this legislature must ensure that all public institutions of higher education receiving state funds recognize freedom of speech as a fundamental right for all. Now, therefore:

AI Summary

This bill, known as the Kansas Intellectual Rights and Knowledge Act (KIRK Act), aims to protect and promote free speech and expressive activities on college campuses in Kansas. It defines "expressive activity" broadly to include various forms of communication, and designates outdoor campus areas as public forums where such activities are protected, prohibiting institutions from creating exclusive "free speech zones." The act allows for reasonable time, place, and manner restrictions on expressive activities only if they are clearly published, content-neutral, viewpoint-neutral, and serve a significant institutional interest, while also ensuring students and student associations can spontaneously assemble or distribute literature. It also clarifies that student associations, including those with political or ideological missions, cannot be denied benefits available to other student groups based on their leadership's adherence to their beliefs, values, or missions. Furthermore, the bill establishes a civil cause of action for individuals or student associations whose expressive rights are violated, allowing them to sue postsecondary educational institutions for damages, court costs, and attorney fees, with penalties of at least $500 for an initial violation and $50 for each subsequent day the violation continues. The bill also mandates that postsecondary educational institutions report annually on their compliance with free expression policies and any incidents of disruption, and requires them to educate staff on free expression rights.

Committee Categories

Education

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Education (Senate)

Last Action

Senate Committee Report recommending bill be passed by Committee on Education (on 02/10/2026)

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