Campus Free Speech Restoration Act
Sponsored By: Representative Rep. Murphy, Gregory F. [R-NC-3]
Introduced
Summary
This bill would make campus free expression a federal priority by defining protected "expressive activity" and linking compliance to higher-education funding. It creates a new administrative review process and civil-enforcement paths for claims that campus policies curb speech or religious expression.
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- Students: Students gain explicit federal protection for peaceful assembly, protest, distributing literature, carrying signs, petitioning, religious expression, and other First Amendment activities in generally accessible campus areas. They can file complaints with a designated Department official and seek federal review.
- Public institutions: Public colleges face a two-stage administrative review with fixed timelines and a Final Review that can revoke eligibility for federal funds. A found violation triggers a 120-day grace period to comply and affected students may keep program eligibility for up to 3 years.
- Enforcement and private institutions: The Attorney General or individuals may sue in federal court. Remedies include at least $500 for an initial violation and $50 per day for continued violations, plus compensatory damages, costs, and attorney fees; private colleges fall under a separate enforcement regime (Section 494B).
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 1 benefits, 0 costs, 3 mixed.
New speech rules for public colleges
This bill would protect students' lawful speech on public college campuses. It would define covered "expressive activity" like protests, speeches, and handing out literature. Colleges could only restrict speech in open areas if five strict rules are met, including a compelling interest and least-restrictive means. The Department would handle complaints on a fast timetable and could strip a public school of federal student-aid eligibility if violations continue. If a school lost eligibility, students already enrolled or already accepted that year could keep aid at the school for three years.
New transparency and penalties for private colleges
This bill would require private colleges that take federal aid to post all speech policies in one place on their website within two clicks. Schools would also give the same policies in new-student handbooks with Department contact details. Students could sue private colleges in federal court for missing or broken disclosures. Courts must award at least $500 for a first violation and $50 per day after you notify the school and the problem keeps going. If a school fails to disclose or misrepresents policies, the Department could cut the school's federal aid eligibility after a 60-day fix period, with special rules to restore eligibility later.
Court review of agency decisions
This bill would let colleges and affected people ask a federal court to review Education Department decisions under the Administrative Procedure Act. Courts could check agency actions outside the agency process. This is a legal procedure change, not a direct payment to households.
Exemptions for military and religious schools
This bill would not apply its speech-disclosure and enforcement rules to service academies that train military or merchant-marine personnel. It would also not apply to schools controlled by religious organizations. Students at those schools would not get the new federal complaint or disclosure protections the bill creates.
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Sponsors & CoSponsors
Sponsor
Rep. Murphy, Gregory F. [R-NC-3]
NC • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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