House Passes Campus Free Speech Bill

Over the objections of all but four Democrats, the House of Representatives Thursday passed a bill designed to protect the concept of freedom of speech on college campuses.

Entitled the “End Woke Higher Education Act,” H.R. 3724 lays out guidelines regarding freedom of speech and assembly on campus and mandates school accreditation organizations do not impose ideological litmus tests on schools.

The accreditation component is key, as most schools that are not officially “accredited” by one of the many accreditation boards around the nation cannot disperse federal financial aid and the accreditation boards have become notoriously woke of late (mandating DEI departments, for example.)

The bill is an amalgamation of many proposals made earlier this year, during and after the antisemitic protests, some of which included efforts to bar Jewish students from attending classes, erupted earlier this year.

“This bill does not mandate any political viewpoint or ideology. It simply demands, from the accreditation process down to the classroom, that all levels of postsecondary education respect the free speech rights of student,” said Rep. Virgina Foxx (R-NC), chair of the House Committee on Education and the Workforce. “(The bill) will restore the essential freedoms that make our universities the global leaders of open debate and intellectual growth, ensuring that the next generation of Americans can think for themselves and engage in the pursuit of truth.”

Amongst the other proposals included, the bill also creates a mandate for schools to offer First Amendment training to students, an aspect that was taken from Rep. Kevin Kiley’s (R-Rocklin) “Free Speech on Campus” proposal.

“Instead of encouraging the free exchange of ideas, we’ve seen too many instances where certain viewpoints are stifled, and uncomfortable ideas are suppressed,” Kiley said.  “This trend undermines the purpose of higher education—the pursuit of knowledge through open, rigorous discussion. This bill ensures that public universities inform students of their First Amendment rights as soon as they step on campus.”

The bill drew the ire of numerous Democrats and educational institutions, with the final vote being 213-201, with only four Democrats (none from California) voting for the measure.

More typically, Democrats (in what can only be characterized as irony) complained that the bill would increase regulatory/red tape demand on schools. They also claimed the bill actually increases regulation of speech on campus, endangers students by changing protest protocols, and could be used to force colleges to, for example, stop teaching evolution.

As to the curriculum complaints, that is absurd – the bill does no such  thing.

In discussing the bill, Foxx noted that as a member of Congress she can say pretty much on the floor of the House, including such heresies as “men and women are biologically different,” that “DEI hiring concepts eliminate qualified applicants,” and that a person “can whatever they want on Halloween.”

Each of these three statements made on various campuses have gotten students and teachers into trouble, which inherently places the right to free speech in danger.

But Democrat Rep. Dan Goldman (R-NY), noting that much of Foxx’s work as been based on the idea that colleges are not doing enough to fight antisemitism, said the bill would make it easier for people to stage such protests. He did not expand upon how, but did reference the now thoroughly debunked claim of “outside agitators (read Israel defenders)” caused most of the problems.

Foxx’s committee’s Democratic ranking member, Bobby Scott of Virginia, admitted the accreditation system need improvement but the bill would “inject culture war” issues into the process.

Actually, it appears the bill would eliminate such considerations.  Here is a recap of the main points:

• Ensure accreditors’ standards do not require, encourage, or coerce an institution to support or oppose specific partisan or political beliefs or viewpoints on social or political issues or support the disparate treatment of any individual or group;
• Prohibit accreditors from assessing an institution’s commitment to any ideology, belief, or viewpoint for the purposes of receiving accreditation for Higher Education Act (HEA) funding;
• Protect a college’s religious mission and a religious accreditor’s ability to require adherence with religious practices or codes of conduct;
• Ensure that an accreditor cannot require, encourage, or coerce an institution to violate any right protected by the Constitution;
• Make free speech on campus a condition of receiving Title IV funds under the HEA;
• Ensure students are educated on their First Amendment rights;
• Safeguard the freedoms of association and religion on campus;
• Prohibit institutions from forcing students, faculty, or applicants to take political litmus tests; and
• Require all institutions to disclose annually First Amendment policies held by the institution.

The bill will now go to the Senate, where it has a sliver of a chance of passing (depending upon how cared of his re-election prospects Montana Democrat Jon Tester is. It will, of course, not be signed by Joe Biden.

And the less said about Kamala the better.