H.R. 6663 — Campus Free Speech Restoration Act

This section inserts a new paragraph (2) in Section 112(a) of the Higher Education Act of 1965 expressing the sense of Congress that (A) individuals should be free to profess and maintain opinions on religion or philosophy without affecting their campus civil liberties; (B) public institutions of higher education receiving federal assistance under the Act should not limit religious expression, free expression, or other First Amendment rights; (C) free speech zones and restrictive speech codes are inherently at odds with the First Amendment; (D) bias reporting systems are susceptible to First Amendment-infringing abuses; and (E) such public institutions should not restrict student speech through improperly restrictive zones, codes, or bias reporting systems. (The existing paragraph (2) is redesignated as paragraph (3).)

This section conditions eligibility for programs under Title IV of the Higher Education Act of 1965 (HEA) on institutions of higher education complying with campus expressive activity protections, requiring public institutions (except service academies) to adhere to new HEA §494A and private institutions (except those specified in §494B(e)) to adhere to new HEA §494B. HEA §494A defines expressive activity to include peaceful assembly, protest, speech, listening, distributing literature, carrying signs, circulating petitions, and other First Amendment rights (excluding unprotected speech) and prohibits public institutions from restricting such noncommercial, lawful activity in generally accessible campus areas except through time, place, or manner restrictions that are necessary to a compelling governmental interest, the least restrictive means available, content- and viewpoint-neutral, leaving ample communication alternatives, and allowing spontaneous assembly and literature distribution. (Thus, protections do not apply in non-accessible areas.) HEA §494A further authorizes the Attorney General or affected persons to sue in federal court for violations—including for injunctions, compensatory damages, court costs, and attorney fees—with de novo judicial review of all issues; mandates minimum damages of $500 for an initial violation and $50 per day for continuing violations after notice; applies a one-year statute of limitations (extended for continuing violations); and renders noncompliant public institutions ineligible for HEA funds upon a Secretary determination triggered by a complaint. (This subsection is enacted pursuant to Congress's enforcement power under §5 of the Fourteenth Amendment.)