HB 1476

This bill requires the governing body for each public institution of higher education to: (1) A dopt a statement on freedom of expression that is identical or substantially similar to the University of Chicago's Freedom of Expression Policy and formally incorporate that statement into the institution's bylaws and post that statement on the instituti on's website ; and (2) A dopt a statement on the institution's role in political and social action that is identical or substantially similar to the Report on the University's Role in Political and Social Action (Kalven Report) issued by the University of Chicago in 1967 and form ally incorporate the statement into the institution's bylaws and post the statement on the institution's website . This bill prohibits public institution s of higher education and faculty member s of such institution s from doing the following : (1) Refus ing to invite a speaker because of the viewpoints expressed or espoused by the speaker or cancel ing an invitation of the speaker to speak at the institution in response to threatened protests or opposition from students or faculty; (2) Prohibit ing a student organization from inviting a speaker to campus or restrict ing a student organization in its choice of invited speakers ; (3) R etaliat ing against a faculty member on account of the viewpoints expressed in the faculty member's scholarly work, or on account of any speech or writing protected by the First Amendment of the United States Constitution ; (4) D iscriminat ing or retaliat ing against a person on account of the person's s incere religious beliefs ; (5) D iscriminat ing or retaliat ing against a person on account of the person's o pposition to abortion, homosexuality, or transgender behavior, regardless of whether that opposition is motivated by religious or non-religious beliefs ; and (6) D eny ing recognition to any student group, or deny ing any employer access to on-campus student interviews, on account of the student group's or employer's beliefs or opposition as described in (4) and (5). This bill authorizes any resident, citizen, or taxpayer of Tennessee to petition for writ of mandamus or injunction against a public institution of higher education that violates or fails to ensure compliance with the requirements of this bill , or against the president or provost of any such institution. This bill requires a court to issue a writ of mandamus or injunction if the court finds that the institution has violated or failed to ensure compliance with the requirements of this bill . This bill waiv es sovereign and official immunity in any action for a writ of mandamus or injunction brought pursuant to this bill . This bill authorizes various persons and groups to bring suit against a higher education institution's faculty member or agent for infringement of the person's or group's rights based on a violation this bill's prohibitions. The full text of this bill s pecifies four types of relief that may be sought, procedural requirements, 13 prohibited defenses, and two affirmative defenses that apply to suits brought pursuant to this bill.