SB 1741

This bill requires the governing body for each public institution of higher education to: (1) Adopt 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 institution's website; and (2) Adopt 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 a nd formally incorporate the statement into the institution's bylaws and post the statement on the institution's website. This bill prohibits public institutions of higher education and faculty members of such institutions from doing the following: (1) Refusing to invite a speaker because of the viewpoints expressed or espoused by the speaker or canceling an invitation of the speaker to speak at the institution in response to threatened protests or opposition from students or faculty; (2) Prohibiting a student organization from inviting a speaker to campus or restricting a student organization in its choice of invited speakers; (3) Retaliating 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) Discriminating or retaliating against a person on account of the person's sincere religious beliefs; (5) Discriminating or retaliating against a person on account of the person's opposition to abortion, homosexuality, or transgender behavior, regardless of whether that opposition is motivated by religious or non-religious beliefs; and (6) Denying recognition to any student group, or denying 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 agains t 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 wa iv 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. ON MARCH 26, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1741, AS AMENDED. AMENDMENT #1 clarifies that this bill requires public institutions of higher education to adopt policies on freedom of expression and the institution's role in political and social action, instead of requiring such institutions governing board to adopt st atements on those subjects. This amendment requires that the policies on freedom of expression be identical or substantially similar to the Report of the Committee on Freedom of Expression issued by the Committee on Freedom of Expression at the University of Chicago in 2015. This amendment revises this bill's prohibitions concerning invited speakers to prohibit a public institution of higher education or a faculty member or agent of the institution from: (1) Disinviting a speaker invited by a student organization or faculty member, or require a student organization or faculty member to disinvite a speaker, in response to threatened protests or opposition from students or faculty or because of the viewpo ints expressed or espoused by the speaker; or (2) Prohibit a student organization or faculty member from inviting a speaker to campus or restrict a student organization or faculty member in its choice of invited speakers. This amendment clarifies provisions of this bill concerning the protection of freedom of religion and conscience by specifying that this bill prohibits discrimination based on a person's position concerning certain subjects, rather than a person's opposi tion to those subjects. This amendment deletes this bill's prohibition against denial of recognition or access based on refusal to employ or admit into membership or leadership positions, individuals whose beliefs or lifestyle choices are incompatible wi th the sincere beliefs of the organization. This amendment deletes this bill's provisions that establish a cause of action to seek a writ of mandamus or damages from an institution or person that violates this bill. This amendment deletes this bill's mandatory penalties for certain violations of campus free speech policies.