South Carolina Senate Bill S0785

South Carolina 2025-2026 Regular Session

• Introduced: 1/13/26
• Refer: 1/13/26

Caption

University Employee Free Speech

Impact

The proposed legislation significantly alters the landscape of employment rights for university employees, effectively granting institutions broad authority over employee speech. If passed, the law would amend the South Carolina Code, particularly Chapter 101 of Title 59, by setting forth criteria under which public college employees may be terminated. The governing boards of state colleges and universities would be mandated to adopt a speech code reflective of these changes, enforcing compliance with the risk of reduced state funding for non-compliance.

Summary

Senate Bill S0785, known as the 'Remembering Charlie Kirk Act', aims to reform employee free speech rights at public colleges and universities in South Carolina. The bill allows for the dismissal of employees, including faculty, for certain types of public communication. Under specific conditions, if an employee’s speech is deemed to interfere with the effective operation and responsibilities of the educational institution, that employee may be terminated without the typical grievance rights available to state employees. This creates a significant change in how free speech is balanced against the interests of institutions.

Contention

This bill has sparked notable criticism from various student and employee advocacy groups. Opponents argue that the provisions may stifle open dialogue and academic freedom, impacting the educational environment. There are concerns that the vague definitions surrounding what constitutes speech that disrupts university functions could lead to arbitrary dismissals and create a chilling effect on free expression among faculty members and staff. The penalties associated with non-adoption of the speech code and overarching authority given to universities to interpret employee speech rights are key points of contention among stakeholders.