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Washington Examiner
Restoring America
11 May 2023


NextImg:Colleges could pay damages for silencing campus speech under new legislation

A group of Senate Republicans led by Sen. Tom Cotton (R-AR) introduced legislation Wednesday that would see universities that violate freedom of speech liable for court damages.

The Campus Free Speech Restoration Act would bar public colleges and universities from restricting student expression and would empower aggrieved parties or the U.S. attorney general to sue institutions and receive damages if the school restricted the free speech rights of students.

LIBERAL SPEAKERS DOMINATE 2023 COMMENCEMENT SPEECHES AT TOP COLLEGES

"Too many of America's public colleges have attacked the First Amendment rights of their students using so-called free speech zones and unconstitutional speech codes," Cotton said in a statement. "This bill fights back against campus censors in order to defend open debate and free speech, which lead us to truth."

The bill, if enacted, would direct the Department of Education's Office of Postsecondary Education to investigate infringements of free speech. If an institution is found to have violated a person's free speech rights or maintains an anti-free speech policy, schools could be stripped of federal funds.

Private universities that accept federal funds are required to post their speech policies on their website publicly. The bill says it aims "to ensure that private institutions of higher education are transparent about, and responsible for, their chosen speech policies."


The introduction of the bill comes amid a bevy of incidents in which conservative speakers endured threats of violence and censorship while attempting to speak on college campuses.

Last month, former University of Kentucky swimmer and Independent Women’s Forum spokeswoman Riley Gaines was allegedly physically assaulted after she spoke at San Francisco State University. Another incident at Stanford Law School in March saw a group of students shout down U.S. 5th Circuit Court Judge Kyle Duncan.

Cotton was joined by several Republican co-sponsors, including Minority Leader Mitch McConnell (R-KY) and Sens. Cindy Hyde-Smith (R-MS), Steve Daines (R-MT), Cynthia Lummis (R-WY), Mike Braun (R-IN), Katie Britt (R-AL), Rick Scott (R-FL), Ted Budd (R-NC), and Marco Rubio (R-FL).

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Last month, Rep. Greg Murphy (R-NC) introduced a companion bill in the House of Representatives.

"Students learn best when they're in an environment where they can express their opinions and ask questions,” Murphy said at the time. "Unfortunately, many institutions teach diversity in all things except opinion. That's why I'm introducing this bill to put a long-overdue check on woke universities and ensure students' First Amendment rights are duly protected."