Photo : Chad Stembridge / Unsplash
In an effort to safeguard freedom of speech on college campuses, the state of Tennessee enacted the Charlie Kirk Act in early May.
Tennessee’s Charlie Kirk Act requires all public colleges and universities in the state to adopt freedom of expression policies and institutional neutrality based on reports from the University of Chicago concerning freedom of expression. Moreover, these policies must be made publicly available on each institution’s website to ensure transparency and accountability.
The law prevents public universities from shielding students, faculty, and staff from expressing potentially offensive or disagreeable ideas.
The Charlie Kirk Act additionally “protects individuals from discrimination or retaliation based on their religious beliefs or stances on the subjects of abortion, homosexuality, or transgenderism, and prevents student groups or employers from being denied recognition or access based on these beliefs or stances.”
Limited exceptions to the expression of free speech are permitted by the law. For instance, it allows institutions to regulate speech that violates the law, constitutes defamation, includes genuine threats or unlawful harassment, invades privacy, or materially disrupts the functioning of the university.
Concerning on-campus speaking events, speakers may appear and deliver speeches without interference from institutional officials. Universities are further prohibited from disinviting speakers based on their views or because of anticipated protests or public opposition.
Student organizations and faculty members, moreover, may not be restricted from inviting speakers to campus on the basis of the speakers’ beliefs, opinions, or perspectives. Faculty members are also protected from retaliation for the nature of their research and any act of speech in their capacity as faculty members.
Throughout the past year, several states in the US have passed similar free speech legislation, or are attempting to get such legislation passed.
