2024 House Bill 224: AN ACT relating to constitutional freedoms at public postsecondary education institutions.

HB 224 would amend KRS 164.348, which protects freedom of speech and expression for students and faculty in public post-secondary education institutions. This new bill would extend these protections to the public and protect off-campus speech as well. Additionally, institutions cannot retaliate against campus community members complaining about a violation of these rights, and faculty and administrators who restrict speech may be disciplined. Students and their organizations will not be discriminated against for their religious or political viewpoints in their classes, access to facilities, or organization of internal affairs. This bill also clarifies that institutions do not have to grant groups unaffiliated with the institution the same free speech privileges as student organizations. Students may not disrupt the expression of others in a previously reserved space. There also must be a viewpoint-neutral distribution of funds to student organizations and published funding reports. The Council on Postsecondary Education will develop instructional materials and model trainings for institutions and faculty.

This bill is admirable in its attempts to protect the right to freedom of speech, however it is unclear why these protections should be extended to the public if they are unaffiliated with the institution. This bill could also be interpreted to prevent speech by any counter-protesters on campus.