The North Carolina House of Representatives passed a campus free speech bill at the end of April that, if it becomes law, would change the way students at North Carolina public universities are allowed to protest. The bill would put sanctions on students who participate in demonstrations that have been pronounced to have violated another’s right to free speech.

According to the bill, HB 527, its purpose is aimed at restoring and preserving campus free speech.

In its current form, the bill, if passed, would have a few main functions. The first would require all public North Carolina universities to sanction protesters who “disrupt the functioning” of the university or who “interfere with the protected free speech of others” through protests and demonstrations.

The bill would also mandate that the Board of Governors of the UNC System establish a Committee on Free Expression. This committee would report to the public annually concerning any barriers to free speech on North Carolina public college campuses as well as failures and successes of the bill’s mandates.

HB 527 would also require all North Carolina public universities teach incoming first-year students about the right to free speech during orientation. Under the bill, new students would need to be informed on the details of what constitutes a violation of free speech.

The bill, which was sponsored by representatives Jonathan Jordan (R-Ashe and Watauga counties) and Chris Millis (R-Onslow and Pender counties), passed 88-32 in the House with all House Republicans and 14 Democrats voting yes. The bill has also passed the first reading in the Senate.

Millis defended the bill by calling it a proactive approach to protect free speech by providing oversight to policies he believes could hurt it.

“Without the proactive approach that House Bill 527 provides, a student’s ability to speak freely is just one administrative policy away from being violated,” Millis said. “In order to preempt a violation of a student’s First Amendment right to free speech, House Bill 527 provides front-end oversight and accountability of the UNC System to ensure that all constituent institutions employ administrative policies that fully respect the First Amendment.”

Millis also says that HB 527 will restore the respect of First Amendment freedoms for every student on North Carolina college campuses.

“It is my sincere desire that House Bill 527 will restore the NC State campus, and all UNC System university campuses across our state, to be a place where one’s First Amendment freedoms are truly respected,” Millis said. “Silencing speech is not an action that aids in one’s discovery of truth; therefore, we must be ever so mindful of the importance of healthy debate that comes from the ability to speak freely.”

Sen. Jay Chaudhuri (D-Wake County) says he supports the intention of the bill in protecting free speech, but disagrees with the bureaucratic rules in HB 527 that he says will regulate it.

“I support the stated intention of this bill: to protect and preserve free speech on campus,” Chaudhuri said. “And, I agree with the idea that the answer to objectionable speech is more speech, not government restrictions. However, I’m concerned about this bill allowing the Board of Governors to establish a set of bureaucratic rules for free speech. That will simply result in more litigation. The solution is to balance protecting expression of differing viewpoints with students’ rights to speak out and respond to those viewpoints.”

Chaudhuri also mentioned why he believes NC State students should care about the bill.

“NCSU students should care about HB 527 because our colleges and universities have a long tradition of protecting free speech dating back to 1963, when the General Assembly passed an act to regulate visiting speakers on campus (also known as the Speaker Ban),” Chaudhuri said. “HB 527 has the potential to impact the free speech rights of student and community protesters as well as invited speakers.”

Chaudhuri said the bill could be improved if it did not call for sanctioning students who protest words or actions they disagree with.

“I hope the Senate can improve the bill by modifying some provisions such as disciplining students who may interfere with free speech and bureaucratic rules established by the Board of Governors,” Chaudhuri said.

Professor Barbara Zelter, senior lecturer in the Bachelor of Social Work program, disagrees with HB 527. She believes the bill would target students who want to protest on behalf of social justice.

“Given the source of the NC bill — the Goldwater Institute — it is clear that HB 527 is an effort to legitimize the kind of rancorous, insulting ‘free speech’ of the kind unleashed by the Trump election,” Zelter said. “That is, this cookie-cutter bill appears to aim to protect those who want to be free to post racist or sexist insults on campus, and to mock others who speak up for fairness and social justice by slamming them as politically correct — whatever that means.”

The bill follows a series of recent protests that have created controversy on college campuses across the country. Yale University, Middlebury College and University of California-Berkeley are just a few of the college campuses that have made national headlines for student-led protests that critics say violate the right to free speech of speakers and their supporters.

According to The News & Observer, Rep. Verla Insko, (D-Orange) disagrees with HB 527, calling it, “a solution looking for a problem.”

“I don’t like this kind of regulation of a constitutional right,” Insko said. “Young people come to college to learn about free speech, and they do it best through experience, not a set of rules.”

Rupert Nacoste, a professor at the department of psychology, echoed the sentiments of Inkso.

“I agree with Rep. Verla Insko; this is a bill looking for a problem, where there is no problem,” Nacoste said. “People should read our Constitution more carefully. All of us, not just some of us, have the right to voice our objections to what the government does or the opinions expressed by other citizens.”

Nacoste also pointed out that he does not believe students should try to prevent speakers who they disagree with from expressing themselves.

“I do think some universities have made mistakes by letting students shut down speakers,” Nacoste said. “Objecting is not the same as shutting down. Students have all kinds of ways of objecting; not going to hear the speaker; going to be in the audience and holding up placards as the speaker expresses themselves; going to be in the audience and then leaving as the speaker starts to talk.”

Nacoste added that he still believes HB 527 to be an overreach.

“Trying to shut down a speaker goes past freedom of speech, but adding a new law to handle what the law already covers is just foolish,” he said.

House Bill 527 has now been referred to the Senate committee on rules and operations. If it passes a second and third reading in the Senate, HB 527 will fall into the hands of Gov. Roy Cooper, who will either sign or veto the bill. The bill could become a law anyway if both Houses of the General Assembly vote to override any potential veto.

Cooper could not be reached for comment.