Enacted Campus Free Speech Statutes – South Dakota

In 2019, South Dakota enacted HB 1087, now S.D. Codified Laws § 13-53-49, § 13-53-50, § 13-53-51, § 13-53-52, § 13-53-53.

HB 1087 Summary

HB 1087 eliminates policies that quarantine speech to misleadingly labeled “free speech zones,” defends the right to freely express views on freely chosen subjects throughout campus, defends the integrity and equal access of student organizations, and provides a judicial remedy for violations of expressive rights.

Key Provisions

  • Prohibits public institutions from quarantining speech with “free speech zones”;
  • Prohibits public institutions from limiting or disciplining student expression based on its content or viewpoint or a hostile reaction from others;
  • Requires public institutions to make funding and facilities equally available to student organizations, regardless of professed viewpoint;
  • Prohibits institutions from discriminating against belief-based student organizations by preventing them from requiring that the leaders or members of the organization affirm and adhere to the organization’s sincerely held beliefs or statement of principles; and
  • Requires public institutions to submit an annual report to the Governor and state legislature detailing actions that promoted or burdened free expression and intellectual diversity.

FIRE Commentary

South Dakota bans campus ‘free speech zones’