NC House passes SB 195 requiring Institutional neutrality at UNC system schools

The NC House of Representatives has taken a significant step towards preserving free speech on university campuses by passing SB 195 - UNC Omnibus. This comprehensive bill encompasses various technical changes for the University of North Carolina (UNC) System, with Section Four mandating the adoption of the renowned Kalven Report. This historic document, drafted by the University of Chicago in 1967, advocates for universities to uphold a policy of “Institutional Neutrality” on political and social issues. Section Four of the bill expands previous action taken by the UNC - Chapel Hill Board of Trustees in the spring to include all University System schools state- wide. UNC-CH Board of Trustee Member W. Marshall Kotis III stated, “In order to preserve free speech and foster intellectual diversity and debate, it is critical that our universities maintain institutional neutrality and encourage free speech. Our UNC Chapel Hill Board of Trustees passed resolutions in the last year protecting free speech and embracing the Chicago Principles and Kalven Report as well as accelerating the development of the School of Civic Life and Leadership. I applaud the legislature’s effort to codify the commitment to free speech for all the institutions in the university system.”

The need for SB 195 arose following an inci- dent last year when the official Twitter account of the UNC School of Medicine posted a tweet expressing criticism of the Supreme Court’s Dobbs decision. Section Four was authored by Rep. Jon Hardister (R-Guilford) who stated the following: “This bill aims to prevent a chilling effect on free speech on campus by requiring all UNC System schools to remain neutral on contemporary political controversies. This will protect freedom of speech and allow students, faculty, and staff to feel comfortable expressing their political opinions. The goal is to foster an environment where rigorous debate, critical thinking, and intellectual growth are unimpeded by fear of retribution from the institution itself.”

Hardister stressed that this does not prevent faculty, staff, and students from expressing opinions on their own and time and using their own resources. However, university staff would not be permitted to express political opinions using official resources of the university, such as the university’s official webpage, social media accounts, pamphlets, etc.

The Kalven Report has been widely recognized as a seminal work in promoting free speech and academic freedom within the higher education landscape. Its adoption by the UNC System will provide a strong framework for balancing the principles of free expression and the responsibilities of educational

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Nick Down, Senior Program Officer for Trustee & Government affairs at the American Council for Trustees and Alumni (ACTA), offered the following comment: “A university’s educational mission rests on the free exchange of ideas—the freedom to teach and the freedom to learn. Institutional neutrality ensures that those on campus can enjoy the freedom of conscience that is critical to this ideal. We are pleased that SB 195 seeks to uphold that standard.”

Dr. Jenna Robinson, President of the James G. Martin Center for Academic Renewal, said the following: “Protections for institutional neutrality ensure that university campuses are marketplaces of ideas. Institutional neutrality encourages discourse among faculty and students and frees the university itself from distraction and controversy. North Carolina is already the best state in the nation for campus free speech. This bill furthers that commitment” Hardister is co-chair of the House Education-Universities Committee, along with Rep. Ray Pickett (R-Watauga). He also serves as the NC House Majority Whip. SB 195 is now heading back to the NC Senate for a concurrence vote. Senator Amy Galey (R-Alamance) is the lead sponsor of the bill. She worked with Hardister in writing the amendment calling for institutional neutrality.

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