Bill Text: MS SB2608 | 2026 | Regular Session | Introduced
Bill Title: Charlie Kirk Campus Free Speech and Safety Act; enact.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [SB2608 Detail]
Download: Mississippi-2026-SB2608-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Universities and Colleges
By: Senator(s) Tate
Senate Bill 2608
AN ACT TO ENACT THE "CHARLIE KIRK CAMPUS FREE SPEECH AND SAFETY ACT"; TO DEFINE TERMS; TO PROVIDE EXPRESSIVE ACTIVITIES UNDER THIS ACT; TO CREATE EXCEPTIONS; TO PROVIDE THAT OUTDOOR AREAS OF CAMPUSES SHALL BE DEEMED PUBLIC FORUMS; TO PROVIDE FOR ACCEPTABLE RESTRICTIONS SET BY INSTITUTIONS AND COLLEGES; TO STIPULATE THAT ANY PERSON WHO WISHES TO ENGAGE IN NONCOMMERCIAL EXPRESSIVE ACTIVITY ON CAMPUS SHALL BE PERMITTED TO DO SO FREELY AS LONG AS IT IS NOT UNLAWFUL AND DOES NOT SUBSTANTIALLY DISRUPT THE FUNCTION OF THE INSTITUTION OR COLLEGE; TO PROVIDE FOR ACCEPTABLE RESTRICTIONS; TO AUTHORIZE INSTITUTIONS AND COLLEGES TO PREVENT EXPRESSION THAT THE FIRST AMENDMENT DOES NOT PROTECT; TO AUTHORIZE FREEDOM OF ASSOCIATION; TO PROHIBIT DISCRIMINATION; TO REQUIRE INSTITUTIONS AND COLLEGES TO MAKE THEIR POLICIES, REGULATIONS AND EXPECTATIONS FOR STUDENTS REGARDING FREE SPEECH PUBLIC IN THEIR HANDBOOKS, ON THEIR WEBSITES AND IN THEIR ORIENTATION PROGRAMS; TO REQUIRE INSTITUTIONS AND COLLEGES TO DEVELOP MATERIALS, PROGRAMS AND PROCEDURES TO ENSURE COMPLIANCE; TO REQUIRE INSTITUTIONS AND COLLEGES TO PUBLICLY POST ON THEIR WEBSITE A REPORT OUTLINING CERTAIN POLICIES REQUIRED BY THIS ACT; TO STIPULATE THE CONTENT OF THE REPORT; TO PROVIDE REMEDIES FOR VIOLATIONS OF THIS ACT; TO ESTABLISH A STATUTE OF LIMITATIONS FOR ONE YEAR; TO PROVIDE THAT THE STATE WAIVES IMMUNITY UNDER THE ELEVENTH AMENDMENT OF THE UNITED STATES CONSTITUTION AND CONSENTS TO SUIT IN FEDERAL COURT; TO PROVIDE THAT INSTITUTIONS AND COLLEGES ARE NOT IMMUNE FROM SUIT OR LIABILITY FOR VIOLATIONS; TO ESTABLISH SEVERABILITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Charlie Kirk Campus Free Speech and Safety Act."
SECTION 2. For the purposes of this act, the following words shall have the meanings ascribed herein, unless context clearly requires otherwise:
(a) "Benefit" means the following:
(i) Recognition;
(ii) Registration;
(iii) The use of facilities of the institution or college for meetings or speaking purposes;
(iv) The use of channels of communication; and
(v) Funding sources that are otherwise available to other student organizations at the institution or college.
(b) "Campus community" means students, administrators, faculty and staff at the institution or college and their invited guests.
(c) "Child pornography" means any material or expression depicting or describing a child engaged in sexually explicit conduct as those terms are defined in Section 97-5-31.
(d) "Harassment" only means expression that is unwelcome, so severe, pervasive and subjectively and objectively offensive that a student is effectively denied equal access to educational opportunities or benefits provided by the institution or college.
(e) "Institution or college" means any public technical institute, public community or junior college, public institution of higher learning, law school, medical or dental school or other agency of higher education.
(f) "Material harmful to minors" has the same meaning as provided under Section 11-77-3.
(g) "Materially and substantially disrupts" means intentional or knowledgeable action that significantly hinders another person's or group's expressive activity, prevents the communication of a message, or prevents the business of a lawful meeting, gathering, or procession by:
(i) Engaging in fighting, violent or other unlawful behavior; or
(ii) Physically blocking or using threats of violence, shouting, noise, flashing lights or other means to prevent any person from attending, listening to, viewing or otherwise participating in an expressive activity. Conduct that "materially and substantially disrupts" shall not include conduct that is protected under the First Amendment to the United States Constitution or Section 13 of the Mississippi Constitution. Such protected conduct includes, but is not limited to, lawful protests in the outdoor areas of campus generally accessible to the members of the public, except during times when those areas have been reserved in advance for other events, or minor, brief or fleeting nonviolent disruptions of events that are isolated and short in duration.
(h) "Obscenity" has the same meaning as provided under Section 97-29-103(1).
(i) "Outdoor areas of campus" means the generally accessible outside areas of campus where members of the campus community are commonly allowed, such as grassy areas, walkways or other similar common areas and does not include outdoor areas where access is restricted for a majority of the campus community.
(j) "Student" means any person who is enrolled on a full-time or part-time basis in an institution or college.
(k) "Student organization" means an officially recognized group at a public institution of higher education, or a group seeking official recognition, comprised of admitted students that receive, or are seeking to receive, benefits through the institution of higher education as defined in this section.
SECTION 3. Expressive activities protected under the provisions of this act include, but are not limited to, any lawful verbal, written, audio-visual or electronic means by which individuals may communicate ideas to one another, including all forms of peaceful assembly, protests, speeches and guest speakers, distribution of literature, signs and petitions.
Notwithstanding any other provisions of this act, this act does not apply to:
(a) The decisions by the governing authority of the institution or college, its administrators or faculty about the content of curriculum;
(b) Expressive activities engaged in or sponsored by the institution or college for the purpose of conveying its own message; or
(c) Any expressive activities that students, parents and members of the public might reasonably perceive to bear the imprimatur of the institution or college.
SECTION 4. The outdoor areas of campuses of institutions and colleges shall be deemed public forums for the campus community, and institutions and colleges shall not create "free speech zones" or other designated areas of campus outside of which expressive activities are prohibited. Institutions and colleges may maintain and enforce reasonable time, place and manner restrictions narrowly tailored in service of a significant institutional interest only when such restrictions employ clear, published, content- and viewpoint-neutral criteria and provide for ample alternative means of expression. Any such restrictions shall allow for members of the campus community to spontaneously and contemporaneously assemble and distribute literature.
Nothing in this section shall be interpreted as limiting the right of student expression elsewhere on campus.
SECTION 5. Any person who wishes to engage in noncommercial expressive activity on campus shall be permitted to do so freely, as long as such person's conduct is not unlawful and does not materially and substantially disrupt the functioning of the institution or college, subject only to the requirements of Section 3 of this act.
Nothing in this section shall prohibit institutions or colleges from maintaining and enforcing reasonable time, place and manner restrictions that are narrowly tailored to serve a significant institutional interest when such restrictions employ clear, published, content- and viewpoint-neutral criteria. Any such restrictions shall allow for members of the campus community to spontaneously and contemporaneously assemble, speak and distribute literature.
Nothing in this section shall be interpreted as preventing institutions and colleges from prohibiting, limiting or restricting expression that the First Amendment does not protect, such as true threats, expression directed to provoke imminent lawless actions and likely to produce it, obscenity, child pornography and material harmful to minors where minors are likely to be present, or prohibiting harassment as defined in Section 1 of this act.
Nothing in this section shall enable individuals to engage in conduct that intentionally, materially and substantially disrupts another's expressive activity if that activity is occurring in a campus space reserved for that activity under the exclusive use or control of a particular group.
SECTION 6. No institution or college may deny a religious, political or ideological student organization any benefit or privilege available to any other student organization or otherwise discriminate against such an organization based on the expression of the organization, including any requirement that the leaders or members of such organization:
(a) Affirm and adhere to the organization's sincerely held beliefs;
(b) Comply with the organization's standards of conduct; or
(c) Further the organization's mission or purpose, as defined by the student organization.
SECTION 7. (1) Institutions and colleges shall make public in their handbooks, on their websites and through their orientation programs for students the policies, regulations and expectations of students regarding free expression on campus consistent with this act.
(2) Institutions and colleges shall develop materials, programs and procedures to ensure that those persons who have responsibility for discipline or education of students, such as administrators, campus police officers, residence life officials and professors, understand the policies, regulations and duties of public institutions of higher education regarding free expression on campus consistent with this act.
SECTION 8. (1) By December 1 of each year, each institution or college shall publicly post on their website, as well as submit to the Governor and Legislature, a report that details the course of action implemented for compliance with the requirements of this act. A report shall also be given in the instance of any changes or updates to the chosen course of action. The report shall be:
(a) Accessible from the institution or college's internet website home page by use of not more than three (3) links;
(b) Searchable by keywords and phrases; and
(c) Accessible to the public without requiring registration or use of a username, a password or other user identification.
(2) The report shall include:
(a) A description of any barriers to or incidents of disruption of free expression occurring on campus, including, but not limited to, attempts to block or prohibit speakers, as well as investigations into students or student organizations for their expression. The description shall include the nature of each barrier or incident and any disciplinary actions that were taken against members of the campus community who were determined to be responsible for those specific barriers or incidents involving students. Such information shall be reported without revealing those students' personally identifiable information; and
(b) Any other information each institution or college deems valuable for the public to evaluate whether free expression rights for all members of the campus community have been equally protected and enforced in a manner consistent with this act.
(3) If an institution or college is sued for an alleged violation of First Amendment rights, a supplementary report with a copy of the complaint or any amended complaint must be submitted to the Governor and Legislature within thirty (30) days.
SECTION 9. Any person or student association aggrieved by a violation of this act may bring an action against the institution or college and its employees acting in their official capacities who are responsible for the violation and seek appropriate relief. Such relief shall include, but is not limited to, injunctive relief, monetary damages, reasonable attorneys' fees and court costs. If a court should find a violation of this act, it shall issue an award of not less than Five Thousand Dollars ($5,000.00). Any person or student organization aggrieved by a violation of this act may assert such violation as a defense or counter claim in any disciplinary action or in any civil or administrative proceedings brought against such student or student organization. Nothing in this section shall be interpreted to limit any other remedies available to any person or student organization.
SECTION 10. An action for violation of this act must be commenced not later than one (1) year after the day the cause of action has accrued. For purposes of calculating the one-year limitation period, each day that the violation persists, and each day that a policy in violation of this section remains in effect, shall constitute a new day that the cause of action has accrued.
SECTION 11. The state waives immunity under the Eleventh Amendment of the United States Constitution and consents to suit in a federal court for lawsuits arising out of this act. An institution or college that violates this act is not immune from suit or liability for the violation.
SECTION 12. If any provision of this act or any application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this act and the application of the provision to any other person or circumstance shall not be affected.
SECTION 13. This act shall take effect and be in force from and after its passage.
