South Carolina H 4749: SC Predatory Practice Protection Act

Bill Text

2025-2026 Bill 4749 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4749

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 BY ENACTING THE 
"FORMING OPEN AND ROBUST UNIVERSITY MINDS (FORUM) ACT" BY ADDING CHAPTER 148 TO 
TITLE 59 SO AS TO DEFINE NECESSARY TERMS, TO PROVIDE MEASURES TO PROTECT 
EXPRESSIONS BY STUDENTS AND STUDENT ORGANIZATIONS IN CERTAIN PLACES ON THE 
CAMPUSES OF PUBLIC INSTITUTIONS OF HIGHER LEARNING IN THIS STATE, TO PROVIDE 
RELATED REQUIREMENTS FOR POLICIES AND PROCEDURES, TO PROVIDE SPECIFIC 
RESPONSIBILITIES OF PUBLIC INSTITUTIONS OF HIGHER LEARNING, AND TO PROVIDE MEANS 
OF REDRESS FOR VIOLATIONS OF THIS ACT, AMONG OTHER THINGS.

Whereas, the South 
Carolina General Assembly finds that the First Amendment of the United States 
Constitution and the South Carolina Constitution protect the rights of free 
speech, freedom of the press, freedom of religion, and freedom of association 
and to petition the government for all citizens; and

Whereas, the South 
Carolina General Assembly finds that in Healy v. James, 408 U.S. 169, 180 
(1972), the Supreme Court of the United States called public universities, 
"peculiarly the marketplace of ideas" where young adults learn to exercise 
these constitutional rights necessary to participate in our system of 
government and to tolerate others' exercise of the same rights, and there is 
"no room for the view that First Amendment protections should apply with less 
force on college campuses than in the community at large"; and

Whereas, the South 
Carolina General Assembly views the exercise of First Amendment rights on 
public university campuses in this State as critical components of the 
education experience for students and requires that each public college and 
university in this State ensure free, robust, and uninhibited debate and 
deliberations by students whether on or off campus; and

Whereas, the South 
Carolina General Assembly finds that public colleges and universities in this 
State and elsewhere must provide adequate safeguards for the First Amendment 
rights of their students leading to a stifling of expression on campuses; and

Whereas, the South 
Carolina General Assembly finds that the United States Supreme Court has warned 
in Sweezy v. New Hampshire, 354 U.S. 234, 250 (1957), that if public 
universities stifle student speech and prevent the open exchange of ideas on 
campuses, "our civilization will stagnate and die"; and

Whereas, the South 
Carolina General Assembly finds that a significant amount of taxpayer dollars 
are appropriated to public institutions of higher learning each year and as 
such, this General assembly must ensure that all public institutions of higher 
learning receiving state funds recognize freedom of speech as a fundamental 
right for all. Now, therefore,

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

SECTION 1. This act may be cited as the "Forming Open and Robust University Minds 
(FORUM) Act."

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

CHAPTER 148

Forming Open and Robust University Minds (FORUM) Act

 Section 
59-148-110. As used in this chapter:

 (1) 
"Benefit" means the following:

 (a) 
recognition;

 (b) 
registration;

 (c) 
the use of facilities of the institution of higher education for meetings or 
speaking purposes;

 (d) 
the use of channels of communication; and

 (e) 
funding sources that are otherwise available to other student organizations at 
the public institution of higher education.

 (2) 
"Campus Community" means students, administrators, faculty, and staff at the 
institution of higher education and their invited guests.

 (3) 
"Harassment" means only that expression that is unwelcome, so severe, 
pervasive, and subjectively and objectively offensive, that a student is 
effectively denied equal access to educational opportunities or benefits 
provided by the public institution of higher education.

 (4) 
"Materially and substantially disrupts" means when a person, with the intent to 
or with knowledge of doing so, significantly hinders another person's or 
group's expressive activity, prevents the communication of the message, or 
prevents the transaction of the business of a lawful meeting, gathering, or 
procession by:

 (a) 
engaging in fighting, violent, or other unlawful behavior; or

 (b) 
physically blocking or using threats of violence to prevent any person from 
attending, listening to, viewing, or otherwise participating in an expressive 
activity. Conduct that "materially and substantially disrupts" may not include 
conduct that is protected under the First Amendment to the United States 
Constitution or the Constitution of this State. Such protected conduct 
includes, but is not limit