Sec. 111. Free speech protections
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Part B of title I ( 20 U.S.C. 1011 et seq.) is amended by redesignating section 112 as section 112A and section 112A, as so redesignated, is amended— in subsection (a)— by redesignating paragraph
(2)as paragraph (4); and by inserting after paragraph
(1)the following: It is the sense of Congress that— every individual should be free to profess, and to maintain, the opinion of such individual in matters of religion, and that professing or maintaining such opinion should in no way diminish, enlarge, or affect the civil liberties or rights of such individual on the campus of an institution of higher education; and no public institution of higher education directly or indirectly receiving financial assistance under this Act should limit religious expression, free expression, or any other rights provided under the First Amendment. It is the sense of Congress that— free speech zones and restrictive speech codes are inherently at odds with the freedom of speech guaranteed by the First Amendment of the Constitution; and no public institution of higher education directly or indirectly receiving financial assistance under this Act should restrict the speech of such institution’s students through such zones or codes. ; by redesignating subsections
(b)and
(c)as subsections
(c)and (d), respectively; by inserting after subsection (a), the following: No institution of higher education shall be eligible to receive funds under this Act, including participation in any program under title IV, unless the institution certifies to the Secretary that the institution has annually disclosed to current and prospective students any policies held by the institutions related to protected speech on campus, including policies limiting where and when such speech may occur, and the right to submit a complaint under paragraph
(2)if the institution is not in compliance with any policy disclosed under this paragraph or is enforcing a policy related to protected speech that has not been disclosed by the institution under this paragraph. The Secretary shall designate an employee in the Office of Postsecondary Education of the Department to receive complaints from students or student organizations that believe an institution is not in compliance with any policy disclosed under paragraph
(1)or is enforcing a policy related to protected speech that has not been disclosed by the institution under such paragraph. A complaint submitted under subparagraph (A)— shall— include the provision of the institution’s policy the complainant believes the institution is not in compliance with or how the institution is enforcing a policy related to protected speech that has not been disclosed under paragraph (1); and be filed not later than 7 days of the complainant’s denial of a right to speak; and may affirmatively assert that the violation described in clause (i)(I) is a violation of the complainant’s constitutional rights. Not later than 7 days after the receipt of the complaint, the Secretary shall review the complaint and request a response to the complaint from the institution. Not later than 10 days after the receipt of the complaint, the Secretary shall make a decision with respect to such complaint, without regard to whether the institution provides a response to such complaint. If, upon the review required under clause (i), the Secretary determines that the institution is not in compliance with the institution’s policy disclosed under paragraph (1), or the institution is enforcing a policy that was not disclosed under paragraph (1), the Secretary shall— if the Secretary determines that the institution was not in compliance with a disclosed policy, require the institution to comply with the disclosed policy and provide the complainant an opportunity to speak as any other speaker would be permitted to speak; or if the Secretary determines that the institution was enforcing an undisclosed policy, require the institution to immediately comply with disclosure requirement under paragraph
(1)and to allow the complainant to speak as if such policy were not held by the institution; and require the institution to post the decision of the Secretary on the website of the institution, except in the case in which the complainant requests that the decision not be shared. If the Secretary believes the denial of the right to speak may be a violation of the Constitutional rights of the complainant, the Secretary shall refer the complaint to the Department of Justice. The Secretary shall defer to the institution’s religious beliefs or mission that the institution describes in its response to the complaint as applicable to the complaint. The Secretary— shall not promulgate any regulations with respect to this paragraph; and may only issue guidance that explains or clarifies the process for filing or reviewing a complaint under this paragraph. ; and in subsection (d), as redesignated by paragraph (2)— in paragraph (2), by inserting (including such joining, assembling, and residing for religious purposes) after Constitution ; and in paragraph (3), by inserting (including speech relating to religion) after Constitution .
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Sec. 111
Free speech protections
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