In July 2022, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, published model legislation called “Protecting Students from Bias Reporting Systems.” Bias reporting systems invite students, staff, and others to report “offensive” or “unwanted” speech, including jokes and so-called “microaggressions,” even when that speech is protected by the First Amendment. States can adopt the bill on its own or alongside the Goldwater Institute’s Campus Free Speech Act.
Under the model bill:
- Public universities and community colleges could not create or fund any office, position, or system that investigates, threatens, or punishes students for protected speech, including disagreements of opinion, political views, or perceived bias.
- Schools could not ask people to report students’ protected speech.
- Schools could still address speech the First Amendment does not protect, such as true threats, unprotected defamation, illegal conduct, and serious harassment.
Read the full model legislation below:
