MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Education; Judiciary, Division A
By: Senator(s) England
AN ACT TO ENACT THE FREE TO SPEAK LAW; TO DEFINE TERMS; TO PROVIDE THAT AN EMPLOYEE OF A PUBLIC SCHOOL, COMMUNITY COLLEGE OR UNIVERSITY SHALL NOT ADDRESS AN UNEMANCIPATED MINOR STUDENT BY A NAME OTHER THAN THE STUDENT'S LEGAL NAME OR BY A PRONOUN OR TITLE THAT IS INCONSISTENT WITH THE STUDENT'S SEX WITHOUT THE WRITTEN PERMISSION OF A STUDENT'S PARENT OR GUARDIAN; TO PROVIDE THAT AN EMPLOYEE OF A PUBLIC SCHOOL, COMMUNITY COLLEGE OR UNIVERSITY, SHALL NOT BE SUBJECT TO AN ADVERSE EMPLOYMENT ACTION FOR DECLINING TO ADDRESS A PERSON USING A NAME OTHER THAN THE PERSON'S LEGAL NAME OR BY A PRONOUN OR TITLE THAT IS INCONSISTENT WITH THE PERSON'S SEX OR FOR DECLINING TO IDENTIFY HIS OR HER PRONOUNS; TO PROVIDE THAT A STUDENT OF A PUBLIC SCHOOL, COMMUNITY COLLEGE OR UNIVERSITY SHALL NOT BE SUBJECT TO ANY DISCIPLINARY ACTION FOR DECLINING TO ADDRESS A PERSON USING A NAME OTHER THAN THE PERSON'S LEGAL NAME OR BY A PRONOUN OR TITLE THAT IS INCONSISTENT WITH THE PERSON'S SEX OR FOR DECLINING TO IDENTIFY HIS OR HER PRONOUNS. AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This section shall be known and may be cited as the "Free to Speak Law."
(2) As used in this section, the following terms shall have the meaning herein ascribed:
(a) "Community college" means any community college or junior college under the management and control of the Mississippi Community College Board.
(b) "Employee" means an individual employed or contracted by a public school, community college or university.
(c) "Female" means that term as defined in Section 1-3-83.
(d) "Male" means that term as defined in Section 1-3-83.
(e) "Public school" means public school districts, agricultural high schools, the Mississippi School for the Deaf and Blind, the Mississippi School of the Arts and the Mississippi School for Mathematics and Science and public charter schools.
(f) "Sex" means that term as defined in Section 1-3-83.
(g) "University" means any university under the management and control of the Board of Trustees of the State Institutions of Highter Learning.
(h) "Student" means an individual enrolled at a public school, college or university on a full-time or part-time basis.
(3) An employee of a public school, community college or university, regardless of the scope of his or her official duties:
(a) Shall not knowingly and intentionally address an unemancipated minor student by a name other than the student's legal name, or a derivative thereof, or by a pronoun or title that is inconsistent with the student's sex without the written permission of a student's parent or guardian; and
(b) Shall not be subject to adverse employment action:
(ii) For declining to identify his or her pronouns.
(4) A student of a public school, community college or university shall not be subject to any disciplinary action for declining to:
(a) Address a person using a name other than the person's legal name, or a derivative thereof, or by a pronoun or title that is inconsistent with the person's sex; or
(b) Identify his or her pronouns.
(5) (a) Any person injured by a violation of this act shall have a private cause of action against the public school, community college or university for injunctive relief, nominal damages, reasonable attorneys' fees and costs, and any other appropriate relief.
(b) All civil actions brought pursuant to this section must be initiated within two (2) years after the violation occurred.
SECTION 2. This act shall take effect and be in force from and after July 1, 2025.