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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1725 By: Daniels
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6 AS INTRODUCED
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7 An Act relating to higher education; amending 70 O.S.
7 2021, Section 2120, as amended by Section 3, Chapter
8 18, O.S.L. 2022 (70 O.S. Supp. 2025, Section 2120),
8 which relates to protection of certain expressive
9 activities; allowing certain institutions of higher
9 education to charge a security fee for certain
10 activities requiring a permit; prohibiting a fee from
10 being charged on certain basis; providing basis for
11 security fee; requiring publication of security fee
11 criteria; prohibiting an institution from sanctioning
12 or disciplining certain expression except under
12 certain circumstances; providing certain
13 construction; requiring institutions to ensure
13 certain individuals who teach students understand
14 certain policies, regulations, and duties; requiring
14 electronic submission of certain report; adding
15 recipient of certain report; updating statutory
15 references; updating statutory language; amending
16 Section 5, Chapter 18, O.S.L. 2022 (70 O.S. Supp.
16 2025, Section 3205.14), which relates to Oklahoma
17 Free Speech Committee training; directing the
17 Committee to develop certain training; requiring
18 training to be completed by certain students;
18 allowing an institution to develop its own training
19 subject to certain recommendation for approval;
19 providing minimum contents of training; updating
20 statutory language; providing an effective date; and
20 declaring an emergency.
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23 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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1 SECTION 1. AMENDATORY 70 O.S. 2021, Section 2120, as
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2 amended by Section 3, Chapter 18, O.S.L. 2022 (70 O.S. Supp. 2025,
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3 Section 2120), is amended to read as follows:
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4 Section 2120. A. As used in this act section:
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5 1. "Campus community" means students, administrators, faculty,
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6 and staff at the public institution of higher education and their
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7 invited guests;
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8 2. "Harassment" means only that expression that is unwelcome,
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9 so severe, pervasive, and subjectively and objectively offensive
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10 that a student is effectively denied equal access to educational
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11 opportunities or benefits provided by the public institution of
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12 higher education;
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13 3. "Materially and substantially disrupts" means when a person,
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14 with the intent to or with knowledge of doing so, significantly
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15 hinders another person's or group's expressive activity, prevents
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16 the communication of the message, or prevents the transaction of the
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17 business of a lawful meeting, gathering, or procession by:
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18 a. engaging in fighting, or violent or other unlawful
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19 behavior, or
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20 b. physically blocking or using threats of violence to
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21 prevent any person from attending, listening to,
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22 viewing, or otherwise participating in an expressive
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23 activity. Conduct that "materially disrupts" shall
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24 not include conduct that is protected under the First
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1 Amendment to the United States Constitution or Section
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2 22 of Article 2 of the Oklahoma Constitution. Such
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3 protected conduct includes, but is not limited to,
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4 lawful protests in the outdoor areas of campus
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5 generally accessible to the members of the public,
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6 except during times when those areas have been
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7 reserved in advance for other events, or minor, brief,
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8 or fleeting nonviolent disruptions of events that are
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9 isolated and short in duration;
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10 4. "Outdoor areas of campus" means the generally accessible
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11 outside areas of campus where members of the campus community are
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12 commonly allowed, such as grassy areas, walkways, or other similar
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13 common areas and does not include outdoor areas where access is
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14 restricted from a majority of the campus community;
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15 5. "Public institution of higher education" means any
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16 institution within The Oklahoma State System of Higher Education or
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17 technology center schools overseen by the State Board of Career and
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18 Technology Education; and
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19 6. "Student organization" means an officially recognized group
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20 at a public institution of higher education, or a group seeking
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21 official recognition, comprised of admitted students that receive or
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22 are seeking to receive benefits through the public institution of
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23 higher education.
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1 B. Expressive activities protected under the provisions of this
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2 section include, but are not limited to, any lawful verbal, written,
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3 audio-visual, or electronic means by which individuals may
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4 communicate ideas to one another, including all forms of peaceful
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5 assembly, protests, speeches and guest speakers, distribution of
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6 literature, carrying signs, and circulating petitions.
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7 C. 1. The outdoor areas of campuses of public institutions of
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8 higher education in this state shall be deemed public forums for the
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9 campus community, and public institutions of higher education shall
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10 not create "free speech zones" or other designated areas of campus
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11 outside of which expressive activities are prohibited. Public
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12 institutions of higher education may maintain and enforce reasonable
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13 time, place, and manner restrictions narrowly tailored in service of
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14 a significant institutional interest only when such restrictions
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15 employ clear, published, content-, and viewpoint-neutral criteria
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16 and provide for ample alternative means of expression. Any such
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17 restrictions shall allow for members of the campus community to
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18 spontaneously and contemporaneously assemble and distribute
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19 literature.
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20 2. Nothing in this subsection shall be interpreted as limiting
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21 the right of student expression elsewhere on campus.
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22 3. A public institution of higher education may charge a
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23 security fee to a student or student organization as part of an
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24 application for expressive activities that require a permit. If an
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1 institution of higher education charges a security fee, it shall not
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2 be based on the content of the expressive activities, the content of
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3 the expression of an invited guest, or the anticipated reaction to
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4 the expressive activities of a student or student organization or
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5 the expression of an invited guest. Imposition of a security fee
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6 shall be based on content- and viewpoint-neutral criteria including,
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7 but not limited to, the time or location of the event, the
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8 anticipated size of the event audience, and whether alcohol will be
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9 served. A public institution of higher education that charges a
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10 security fee pursuant to this paragraph shall publish on its website
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11 the criteria that will be used to assess a security fee.
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12 D. 1. Any person who wishes to engage in noncommercial
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13 expressive activity on campus shall be permitted to do so freely, as
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14 long as the person's conduct is not unlawful and does not materially
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15 and substantially disrupt the functioning of the public institutions
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16 of higher education, subject only to the requirements of subsection
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17 C of this section.
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18 2. Nothing in this subsection shall prohibit public
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19 institutions of higher education from maintaining and enforcing
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20 reasonable time, place, and manner restrictions that are narrowly
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21 tailored to serve a significant institutional interest only when
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22 such restrictions employ clear, published, content-, and viewpoint-
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23 neutral criteria. Any such restrictions shall allow for members of
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1 the campus community to spontaneously and contemporaneously
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2 assemble, speak, and distribute literature.
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3 3. Nothing in this subsection shall be interpreted as
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4 preventing public institutions of higher education from prohibiting,
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5 limiting, or restricting expression that the First Amendment does
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6 not protect or prohibiting harassment as defined by this section. A
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7 public institution of higher education may not sanction or
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8 discipline a student's expression as harassment unless the
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9 expression meets the definition of harassment provided by this
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10 section. Any public institution of higher education policy
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11 applicable to students that addresses harassment shall use the
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12 definition provided by this section.
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13 4. Nothing in this section shall enable individuals to engage
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14 in conduct that intentionally, materially, and substantially
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15 disrupts another person's expressive activity if that activity is
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16 occurring in a campus space reserved for that activity under the
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17 exclusive use or control of a particular group.
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18 5. Nothing in this section shall be interpreted as prohibiting
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19 a public institution of higher education from providing resources to
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20 a student or students affected by expressive activity that cannot be
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21 sanctioned by the provisions of this section, the First Amendment,
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22 or other nonpunitive actions designed to foster resilience or
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23 achieve pedagogical goals.
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1 E. Public institutions of higher education shall make public in
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2 their handbooks, on their websites, and through their orientation
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3 programs for students the policies, regulations, and expectations of
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4 students regarding free expression on campus consistent with this
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5 section.
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6 F. Public institutions of higher education shall develop
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7 materials, programs, and procedures to ensure that those persons who
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8 have responsibility for discipline or education of students,
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9 including, but not limited to, administrators, campus police
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10 officers, residence life officials, and any individual who teaches
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11 students including professors, adjunct professors, faculty, and
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12 teaching assistants understand the policies, regulations, and duties
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13 of public institutions of higher education regarding free expression
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14 on campus consistent with this section.
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15 G. 1. Each public institution of higher education shall
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16 publicly post on its website, as well as electronically submit to
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17 the Governor, the Legislature, and the Chancellor of The Oklahoma
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18 State System of Higher Education, and the Oklahoma Free Speech
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19 Committee annually by December 31, a report that details the course
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20 of action implemented to be in compliance with the requirements of
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21 this section. A report shall also be given electronically submitted
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22 in the instance of any changes or updates to the chosen course of
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23 action. The information required in the report shall be:
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1 a. accessible from the institution's website home page by
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2 use of not more than three links,
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3 b. searchable by key words and phrases, and
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4 c. accessible to the public without requiring
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5 registration or use of a user name, password, or
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6 another user identification.
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7 2. The report shall include:
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8 a. a description of any barriers to or incidents of
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9 disruption of free expression occurring on campus,
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10 including, but not limited to, attempts to block or
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11 prohibit speakers and investigations into students or
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12 student organizations for their speech. The
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13 description shall include the nature of each barrier
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14 or incident, as well as what disciplinary action, if
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15 any, was taken against members of the campus community
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16 determined to be responsible for those specific
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17 barriers or incidents involving students without
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18 revealing those students' personally identifiable
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19 information, and
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20 b. any other information each public institution of
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21 higher education deems valuable for the public to
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22 evaluate whether free expression rights for all
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23 members of the campus community have been equally
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1 protected and enforced consistent with this act
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2 section.
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3 3. If a public institution of higher education is sued for an
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4 alleged violation of First Amendment rights, a supplementary report
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5 with a copy of the complaint, or any amended complaint, shall be
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6 electronically submitted to the Governor and the Legislature within
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7 thirty (30) days.
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8 H. Any person or student organization aggrieved by a violation
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9 of this section may bring an action against the public institution
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10 of higher education and its employees acting in their official
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11 capacities responsible for the violation and seek appropriate
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12 relief, including, but not limited to, injunctive relief, monetary
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13 damages, reasonable attorneys' attorney fees, and court costs. Any
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14 person or student organization aggrieved by a violation of this
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15 section may assert such violation as a defense or counter claim
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16 counterclaim in any disciplinary action or in any civil or
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17 administrative proceedings brought against such student or student
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18 organization. Nothing in this subsection shall be interpreted to
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19 limit any other remedies available to any person or student
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20 organization.
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21 I. A person shall be required to bring suit for violation of
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22 this section no later than one (1) year after the day the cause of
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23 action occurs. For purposes of calculating the one-year limitation
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24 period, each day that the violation persists and each day that a
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1 policy in violation of this section remains in effect shall
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2 constitute a new day that the cause of action has occurred.
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3 J. If any provision of this section or any application of such
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4 provision to any person or circumstance is held to be
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5 unconstitutional, the remainder of the section and the application
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6 of the provision to any other person or circumstance shall not be
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7 affected.
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8 SECTION 2. AMENDATORY Section 5, Chapter 18, O.S.L. 2022
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9 (70 O.S. Supp. 2025, Section 3205.14), is amended to read as
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10 follows:
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11 Section 3205.14. A. The Oklahoma Free Speech Committee shall
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12 either develop a First Amendment training or approve of an outside
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13 First Amendment training that shall be required for all college
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14 deans, heads of departments, and individuals responsible for
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15 establishing university free speech policies or handling free speech
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16 complaints. The Committee shall either revise or reapprove the
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17 training every two (2) years. The training will shall be required
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18 every two (2) years, or upon hire or promotion to one of the
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19 positions described by this section.
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20 B. The Oklahoma Free Speech Committee shall develop a free
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21 speech training that shall include information on the expressive
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22 activities that are protected by the First Amendment to the United
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23 States Constitution and Section 2120 of this title. The training
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24 shall be completed by all students in their first year of enrollment
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1 at an institution of higher education within The Oklahoma State
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2 System of Higher Education including students who transferred from
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3 another institution and graduate students. An institution of higher
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4 education may develop its own free speech training, consistent with
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5 the provisions of this subsection and subject to a recommendation
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6 for approval from the Oklahoma Free Speech Committee to the Oklahoma
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7 State Regents for Higher Education.
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8 C. Each institution's training shall include the policies
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9 regarding free expression on campus that are specific to the
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10 institution. The training shall, at a minimum:
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11 1. Explain that the generally accessible outdoor areas of
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12 campus are public forums where members of the campus community can
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13 engage in expressive activities including, but not limited to,
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14 peaceful assembly, protests, speeches and guest speakers,
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15 distribution of literature, carrying signs, and circulating
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16 petitions;
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17 2. Explain the institution's content- and viewpoint-neutral
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18 time, place, and manner restrictions including that any such
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19 restrictions shall allow for members of the campus community to
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20 spontaneously and contemporaneously assemble and distribute
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21 literature;
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22 3. Explain that freedom of speech does not enable individuals
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23 to engage in conduct that intentionally, materially, and
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24 substantially disrupts another person's expressive activity in a
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1 space reserved for such activity, nor does it enable individuals to
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2 prevent any person from attending, listening to, viewing, or
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3 otherwise participating in the activity, but freedom of speech does
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4 protect lawful counter-protests in the outdoor areas of campus that
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5 have not been reserved in advance;
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6 4. Explain that speech including speech that some individuals
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7 find offensive or hateful is protected by the First Amendment unless
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8 it is subject to a reasonable time, place, and manner restriction or
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9 constitutes incitement to imminent lawless action, true threats,
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10 fighting words, fraud, defamation, obscenity, speech integral to
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11 criminal acts, harassment as defined in Section 2120 of this title,
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12 or a material and substantial disruption as defined in Section 2120
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13 of this title. The institution shall explain each of the
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14 limitations and exceptions as defined in statute or by the United
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15 States Supreme Court, as applicable;
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16 5. Provide examples of protected expressive activities and
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17 unprotected expressive activities to help students understand the
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18 concepts previously outlined by this subsection;
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19 6. Explain that the academic freedom of any individual faculty
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20 member protects:
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21 a. the right of an individual faculty member to direct
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22 the instruction within his or her own course, and
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1 b. the scholarly research or creative work of students,
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2 faculty, or other research personnel as well as the
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3 dissemination of such research or work;
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4 7. Explain why hearing a wide variety of viewpoints, even those
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5 that some individuals may find offensive or hateful, is a necessary
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6 part of the higher education experience;
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7 8. Encourage students to respond to speech or expressive
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8 activities they disagree with by making their own arguments in
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9 response and explain the institution will not intervene to prevent
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10 or punish speech that complies with the institution's time, place,
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11 and manner restrictions and is protected by the First Amendment, the
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12 provisions of Section 2120 of this title, or other provisions in
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13 law;
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14 9. Explain that any student or student organization whose
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15 rights provided by Section 2120 of this title are violated may file
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16 a complaint with the institution of higher education or the Oklahoma
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17 Free Speech Committee or bring a lawsuit against the institution of
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18 higher education and its employees in their official capacities.
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19 Failure to file a complaint with the institution or the Committee
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20 shall not bar a student or student organization from bringing a
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21 lawsuit; and
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22 10. Identify where students can find more information about the
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23 institution's free speech policies and procedures.
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24 SECTION 3. This act shall become effective July 1, 2026.
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1 SECTION 4. It being immediately necessary for the preservation
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2 of the public peace, health, or safety, an emergency is hereby
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3 declared to exist, by reason whereof this act shall take effect and
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4 be in full force from and after its passage and approval.
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Req. No. 3383 Page 14Every fact on this page links to its source, starting with the official bill record.