South Carolina S 785: University Employee Free Speech

Bill Text

2025-2026 Bill 785 Text of Previous Version (Jan. 13, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 785

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT 
THE "REMEMBERING CHARLIE KIRK ACT"; BY ADDING SECTION 59-101-700 SO AS TO 
PROVIDE THAT A PUBLIC COLLEGE OR UNIVERSITY EMPLOYEE MAY BE DISCHARGED FROM 
EMPLOYMENT FOR CAUSE FOR CERTAIN PUBLIC COMMUNICATIONS; AND BY ADDING SECTION 
59-101-710 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL 
DEVELOP A SPEECH CODE FOR PUBLIC COLLEGE OR UNIVERSITY EMPLOYEES THAT MUST BE 
ADOPTED AND ENFORCED BY THE GOVERNING BOARDS OF THE STATE'S PUBLIC COLLEGES AND 
UNIVERSITIES, AND TO PROVIDE PENALTIES FOR A PUBLIC COLLEGE OR UNIVERSITY WHO 
DOES NOT ADOPT OR ENFORCE THE SPEECH CODE.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Remembering Charlie Kirk Act".

SECTION 2. Chapter 101, Title 59 of the S.C. Code is amended by 
adding:

Article 3

State College and University Employee Free Speech

 Section 
59-101-700. (A) A public college 
or university may immediately terminate the employment of an employee, 
including faculty whether or not tenured, for the employee's speech or expression 
if:

 (1) 
under the totality of the circumstances an observer could make a reasonable 
inference that the employee was speaking or expressing himself as an employee 
about a matter of personal interest rather than an employee speaking or 
expressing himself as a citizen speaking on a matter of public concern;

 (2) 
the college or university's interest in providing effective and efficient 
services, educational or otherwise, to the university's students or community 
at-large outweighs the employee's interest in speaking or expressing himself on 
a matter of public concern; or

 (3) 
the employee's speech or expression was not a substantial factor in the 
decision to terminate the employee's employment.

 (B) 
A state college or university evaluating whether to terminate an employee's 
employment pursuant to subsection (A)(2), shall take into account whether the 
employee's speech or expressive behavior:

 (1) 
impairs discipline imposed by superiors;

 (2) 
impairs harmony among coworkers;

 (3) 
has a detrimental impact on close working relationships;

 (4) 
impedes the performance of the employee's duties;

 (5) 
interferes with the operation of the college or university;

 (6) 
undermines the mission of the college or university;

 (7) 
is communicated to the general public or co-workers openly in a way that is 
accessible, observable, or available to anyone rather than limited to a defined 
person or group;

 (8) 
conflicts with responsibilities of the employee within the college or 
university;

 (9) 
makes use of the authority and public accountability the employee's role 
entails; and

 (10) 
condones, promotes, or encourages acts of violence on or near campus.

 (C) 
An employee whose employment is terminated pursuant to this is terminated 
pursuant to this section 'for cause' and does not have grievance rights 
afforded to covered state employees, including faculty whether or not tenured, 
of the college or university at which the employee was employed.

 Section 
59-101-710. (A) The Commission on 
Higher Education shall develop a speech code reflecting the provisions 
contained in Section 59-101-700 and explaining the free speech rights afforded 
by the United States and South Carolina constitution that state college and 
university employees retain with their employment and the limitations on the 
employee's free speech rights. The speech code shall be distributed to each 
state college and university and shall be available on the commission's 
website. Each state college and university shall also post the speech code on 
any employee facing internet website or portal.

 (B) 
The governing board of each public college or university in this State shall 
adopt and enforce the speech code developed pursuant to subsection (A). If a 
public college or university fails to adopt the speech code, then the public 
college or university's state funding shall be reduced by one-twelfth for each 
month that the code is not adopted. If a public college or university fails to 
enforce the speech code, then the public college or university's state funding 
shall be reduced by ten percent for each violation. 

 (C) 
Each employee of a state college or university must sign a copy of the code of 
conduct thereby attesting that the employee understands his free speech rights, 
the limits of those rights, and that the employee may be terminated immediately 
for cause without grievance rights if he violates the speech code.

 (D) Annually, 
on the first day of the fiscal year, each public college