In 2021, West Virginia enacted SB 657.
SB 657 Summary
SB 657 prohibits overbroad anti-harassment policies and policies that quarantine speech to misleadingly labeled “free speech zones.”
- 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;
- Prohibits viewpoint discrimination in the distribution and awarding of benefits and privileges to student organizations;
- Requires an institution to “develop materials to educate the campus community on the institution’s free speech policies” and publish those policies; and
- Creates a cause of action allowing a “person or student organization” to file a lawsuit to enforce their rights under the statute.