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Enacted Campus Free Speech Statutes – Alabama

US Capitol Building

In 2019, Alabama enacted , now Ala. Code § 16-68-3. 

HB 498 Summary

HB 498 is a comprehensive piece of legislation that requires public institutions of higher education in Alabama to adopt policies consistent with the and eliminate several common forms of speech codes including overbroad anti-harassment policies and policies that quarantine speech to misleadingly labeled “free speech zones.”&Բ;

Key Provisions

  • Requires public institutions to adopt policies consistent with the ;
  • Prohibits public institutions from quarantining speech with “free speech zones;”
  • 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;
  • Bars institutions from rescinding invitations to speakers invited by students or faculty;
  • Requires institutions to use content neutral criteria for assessing security fees on events;
  • Prohibits institutions from discriminating against belief-based student organizations by preventing them from requiring leaders or members of the organization affirm and adhere to an organization's sincerely held beliefs or statement of principles;
  • Encourages institutions to try to remain neutral on controversial issues, while forbidding institutions from compelling students, faculty, or staff from expressing particular views on those issues;
  • Requires First Amendment trainings as part of new student orientation; and
  • Creates a cause of action allowing the Alabama Attorney General or an aggrieved party to file a lawsuit to enforce their rights under the statute.

FIRE Commentary

Alabama governor signs bill into law to better protect student and faculty free speech rights

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