Senate Bill 2495

AN ACT TO PROHIBIT ANY PUBLIC UNIVERSITY OR COMMUNITY COLLEGE FROM IMPLEMENTING A POLICY THAT VIOLATES FIRST AMENDMENT RIGHTS OF SPEECH, RELIGION AND ASSOCIATION ON BEHALF OF STUDENTS AND FACULTY; TO REQUIRE THAT IF A PUBLIC UNIVERSITY OR COMMUNITY COLLEGE IS IMPLEMENTING AN UNCONSTITUTIONAL POLICY RELATING TO FREE SPEECH, RELIGION OR ASSOCIATION, THE GOVERNOR SHALL NOTIFY THE PRESIDENT OF THE UNIVERSITY OR COLLEGE OF THE NONCOMPLIANCE AND THE STATE FISCAL OFFICER SHALL WITHHOLD ALL STATE FUNDING FOR SUCH UNIVERSITY OR COLLEGE UNTIL SUCH TIME AS IT IS IN COMPLIANCE WITH THE REQUIREMENTS OF LAW; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The Legislature finds that:

(a) The First Amendment to the United States Constitution protects both speech and religious liberty. The amendment contains the freedom of speech clause which prohibits the government from infringing on political, religious, social and artistic speech. The free exercise clause prohibits the government from interfering with the right to worship as one sees fit, and the establishment clause prohibits the government from establishing a religion;

(b) While both public and private institutions should protect and encourage free speech, publicly funded universities and colleges are legally obligated to do so. The United States Supreme Court has affirmed this First Amendment right repeatedly: including for religious speech and activities (Widmar v. Vincent, 454 U.S. 263 (1981). Concluded the Court: "With respect to persons entitled to be there, our cases leave no doubt that the First Amendment rights of speech and association extend to the campuses of state universities; and

(c) Recent reports from the Foundation for Individual Rights in Education have indicated that certain Mississippi public universities have policies that both clear and substantially restrict the freedom of speech and are unconstitutional. If we want a free nation that respects all beliefs, we must demand that students have the right to express themselves as protected by the First Amendment.

(2) No public university or community college in the State of Mississippi shall develop or implement a policy that violates the First Amendment to the United States Constitution rights of speech and religion and association on behalf of students and faculty.

(3) If the Governor receives notification or otherwise has knowledge that a public university or community college in the State of Mississippi is enforcing a policy that violates the First Amendment rights of speech, religion and association as prohibited by subsection (2) of this section, as confirmed by the Office of Attorney General, the Governor shall notify the president of the university or community college in writing that:

(i) He has information indicating that the university or college is not in compliance with the requirements of subsection (2) of this section; and

(ii) The university or college has thirty (30) days to show to the satisfaction of the Governor that it is in compliance with the requirements of subsection (2) of this section; and

(iii) If the university or college does not meet the requirements of subsection (2) of this section, the Governor shall direct the State Fiscal Officer to withhold all state funds for the support of such university or college until such time as the university or college complies with requirements of this section; and

(iv) The State Fiscal Officer, upon receipt of notification from the Governor under paragraph (b) of this subsection that a university or community college is not in compliance with the requirements of subsection (2) of this section, shall withhold the payment specified in paragraph (b) of this subsection until such time as it is in compliance with the requirements of subsection (2) of this section, as determined by the Governor.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.