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Enacted Campus Free Speech Statutes – New Hampshire

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In 2024, New Hampshire enacted .

HB 1305 Bill Summary

HB 1305 declares the outdoor areas of public campuses to be public forums for the campus community and prohibits policies that quarantine speech to misleadingly labeled ā€œfree speech zones.ā€ The law also protects belief-based student organizations from being punished for their expression or for requiring their members or leaders to adhere to the organization’s sincerely held beliefs.

Key Provisions

  • Prohibits public institutions from quarantining speech within ā€œfree speech zonesā€;
  • Declares the outdoor areas of campus to be public forums for the campus community;
  • Ensures that belief-based organizations are not discriminated against based on their requirement that the leaders or members of the organization affirm the organization’s sincerely-held beliefs and comply with the organization’s standards of conduct;
  • Defines student-on-student harassment in a way that is consistent with the definition provided by the Supreme Court of the United States in Davis v. Monroe County Board of Education; and
  • Creates a cause of action allowing a ā€œperson or student organizationā€ to file a lawsuit to enforce their rights under the statute.

FIRE Commentary

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