Utah bill aims to dispel notion that speakers at universities face speech restrictions

SALT LAKE CITY — A proposal is in the works to clarify what guest speakers may say when visiting Utah's public universities, more specifically, that they don't face restrictions per the 2024 law prohibiting diversity, equity and inclusion initiatives.

SB295 states that invited speakers aren't beholden to prohibitions in the 2024 law, HB261, meant, among other things, to affirm the institutional neutrality of universities and prevent them from requiring employees to conform to certain viewpoints.

The new proposal was spurred in part by a guest speaker's decision last year to pull out of an address at Weber State University due to concerns she'd face speech restrictions.

"Institutional neutrality does not mean speakers cannot express a point of view. It means the institution may not compel individuals to affirm one," said Sen. John Johnson, the SB295 sponsor, alluding to the intent of HB261. "Faculty may teach theories. Speakers may advocate positions. Students may debate. What institutions may not do is require ideological agreement as a condition of participation."

The issue came to the fore late last year when Darcie Little Badger, an author, withdrew from an invitation to speak at Weber State after the school advised her of a list of "prohibited words and concepts" she could not use or address. The university attributed the list to provisions of HB261, the controversial law that, most notably for some, ended diversity initiatives at public universities.

Johnson and the head of the Utah System of Higher Education subsequently said HB261 was never meant to prohibit the speech of guest speakers and SB295 aims to clarify that. HB261 "prohibits compelled ideological affirmation and discriminatory institutional practices. It does not regulate academic dialogue, guest speakers or discussion of contested ideas," Johnson said.

SB295, which received a favorable recommendation from the Senate Education Committee on Feb. 19, now awaits consideration by the full Senate.

Queried about SB295, Weber State spokeswoman Rachel Badali said the legislative efforts are helpful in making sure the university aligns with state law.

"The university regularly hosts speakers and debates, so this is an opportunity to reinforce what WSU is doing well while improving how we bring a broader range of perspectives to the table," Badali said. "We want every student to graduate with the ability to navigate complex issues and differing views with confidence. And that means providing opportunities to engage with a multitude of perspectives throughout their education."

SB295 also contains provisions requiring Utah's public universities to hold debates and "public policy events" featuring speakers "who represent different views," something many do already.

"The bill does not impose quotas or force partisan balance. It reinforces that public universities are forums for intellectual exchange and should not retreat from hosting debate because of uncertainty about neutrality requirements," Johnson said.

University of Utah spokeswoman Rebecca Walsh said the school has always been a place where controversial ideas are debated and studied. "While inviting speakers of all perspectives to our campus has not been an issue for us, we appreciate the Legislature clarifying their guidance," she said.

She noted several initiatives meant to promote "viewpoint diversity" on the campus and create opportunities for speakers, panelists, advisers and instructors representing a range of perspectives.

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