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Enacted Campus Free Speech Statutes – Montana
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