HB 1305 declares outdoor areas of public university campuses as public forums and provides legal options for violations of free speech.
On Friday, July 19, New Hampshire Governor Chris Sununu signed HB 1305, which protects free speech on college campuses, into law, gaining bipartisan support in the state and will take effect on August 1, 2025.
HB 1305 is consistent with ALEC’s model policy, the Forming Open and Robust University Minds (FORUM) Act. New Hampshire joins more than 20 other states in enacting provisions of the FORUM Act.
HB 1305 declares all outdoor areas of campus grounds at public colleges and universities to be public forums for members of the campus community and prohibits those colleges and universities from restricting legal expression. In addition, it prohibits discrimination against students and student organizations based on the content of their speech. It also creates a cause of action for students and student organizations whose free speech rights are violated.
This is a victory for the more than 31,000 students attending New Hampshire public colleges and universities whose free speech on campus is now better protected.
“We cannot and should not punish people based on the content of their lawful speech, no matter how abhorrent we find it,” said the bill’s lead sponsor, Rep. Daniel Popovici-Muller. “Free speech is the cornerstone of our nation. Tampering with that is foolish.”
Free speech has been a pressing issue this year, and as I’ve written before, free speech violations have occurred on college campuses across the country, including at Harvard University and UC Berkeley. Incidents like these are why it’s especially important for states to protect their students’ free speech, as New Hampshire has done.
States seeking to protect free speech on their college and university campuses should look to our model policy, the FORUM Act, and our publication. Key policy solutions for 2024to receive more of our policy recommendations.
