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Table of Contents

Enacted Campus Free Speech Statutes – Montana

US Capitol Building

Montana has passed two bills regarding campus free speech. In 2021, Montana enacted HB 218 and HB 349.

HB 218 Summary

HB 218 eliminates misleadingly labeled “free speech zones.”

Key Provisions

Prohibits public institutions of higher education from quarantining student expression into “free speech zones”; and
Creates a cause of action allowing a “person or student organization” to file a lawsuit to enforce their rights under the statute.

FIRE Commentary on HB 218

Montana enacts two laws to protect free speech rights on college campuses

HB 349 Summary

HB 349 prohibits overbroad anti-harassment policies and discrimination against student organization based on their beliefs.

Key Provisions

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; and

Prohibits public institutions from discriminating against student organizations based on professed viewpoint or requirements that leaders or members adhere to the organization’s sincerely held beliefs.

FIRE Commentary on HB 349

FIRE submits written testimony supporting Montana HB 349

Montana enacts two laws to protect free speech rights on college campuses

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