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Minutes for SB419 - Committee on Education
Short Title
Enacting the Kansas intellectual rights and knowledge act, providing a civil cause of action and penalties for violations of such act and authorizing students and student associations to exercise political and ideological beliefs, values and missions.
Minutes Content for Wed, Feb 4, 2026
Chairman Erickson opened the hearing and informed the Conferees they would have two minutes to speak to the committee.
Tamera Lawrence, Assistant Revisor, Office of the Revisor of Statutes, gave a brief overview of the bill. (Attachment 1)
Proponent:
Theo Grabill, President of the University of Kansas Chapter of Turning Point USA, spoke of the serious concerns about the state of free speech and civil discourse, a publicly funded institution entrusted with educating students of all backgrounds and viewpoints. The University receives failing scores in free speech, administrative support, political tolerance among students, adoption of institutional neutrality, leaving students without assurance that the institution itself will refrain from taking ideological sides or allowing certain viewpoints to be suppressed. And the scores are trending downward. The data reflects a campus climate defined by fear and silence rather than open inquiry.
Public universities are not neutral arbiters when they allow intimidation, ideological enforcement, and coercion to replace open debate. The KIRK Act does not privilege one viewpoint over another as it works toward ensuring all students are given the ability to speak freely without the fear of being harassed, failing classes, or even physically assaulted.(Attachment 2)
Brittany Jones, President, Kansas Family Voice, said freedom to believe and the freedom to speak is fundamental to the fabric of our nation. This bill not only honors the life of Charlie Kirk, but it also takes action to protect something he was known for - defending the right to speak freely on campus. It establishes protections for students' political and ideological expression and creates a civil cause of action with penalties for violations - something our current organizational protections lack. (Attachment 3)
Sara Beth Nolan, Legal Counsel, Alliance Defending Freedom, told the committee that public colleges and universities are meant to be free and open to the exchange of ideas. Unfortunately, university policies that unduly limit when and where students can speak, what they can say, and whom they can associate with are teaching tomorrow's leaders all the wrong lessons about the First Amendment. Twenty-five states have passed similar legislation protecting student free speech on campus, including Oklahoma, Arkansas, Missouri and Iowa. Schools must respect the First Amendment rights of all students, regardless of their political or religious beliefs and foster a learning environment where students can freely engage in the marketplace of ideas.(Attachment 4)
Mike Pirner on behalf of Kansas Senate President Ty Masterson, recognizes that the stifling of voices often begins early in education, both bills empower students with legal recourse against violations. They include civil causes of action and penalties to hold institutions accountable, along with requirements that promote transparency. Whether it's faith-based student groups or those like Turning Point USA or progressive organizations on the left, these bills protect all by equipping our educators and administrators with clear guidelines while empowering students to exercise their God-given constitutional rights.(Attachment 5)
Proponent Written Only:
Gavin Caldwell, President, Turning Point USA, Kansas State University Chapter (Attachment 6)
Lance Kinzer, Policy Director, 1st Amendment Partnership (Attachment 7)
Cody Reynolds, Kansas Resident (Attachment 8)
Samuel G. MacRoberts, Litigation Director and General Counsel, Kansas Justice Institute (Attachment 9)
Tanner Tempel, Deputy State Director, Americans for Prosperity (Attachment 10)
Opponent:
Laurel Burchfield, Advocacy Director, Mainstream Coalition, opposes this bill for going beyond the protection of First Amendment rights of assembly, speech and religion and instead creating a hostile environment for colleges and universities to navigate. Simply put, this bill prioritizes the belief of some students over the rights of others and participates in the very problem it is trying to solve as it brings an overly partisan solution to a problem that requires a content-neutral approach. (Attachment 11)
Logan DeMond, Director of Policy and Research, American Civil Liberties Union of Kansas, said this bill recognizes an important truth about expression on college campuses: so-called "free speech zones" do not promote speech, they restrict it by confining expressive activity to small, designated areas, effectively silencing students and community members everywhere else. It also expands existing loopholes that allow government-funded student organizations to exclude individuals from membership or leadership based on discriminatory criteria. (Attachment 12)
Rabbi Moti Rieber, Executive Director, Kansas Inter Faith Action, said it is not really "free speech" this bill wants to promulgate, but the ability of Christian Nationalist to say whatever they want, free from limitation or consequences and is intended to use state power to force universities to privilege the free speech of Christian Nationalist, and only Christian Nationalists, to force hate speech - racist, sexist, homophobic, transphobic, anti-Islam, into all of our universities, under the guise of free speech and freedom of religion. (Attachment 13)
Opponent Written Only:
Victoria Anderson, State Policy Specialist, American Atheists (Attachment 14)
Leslie D. Mark, Kansas Citizen (Attachment 15)
Jay Simmons, Kansas Citizen (Attachment 16)
Rev. Dr. Mandy Todd, Kansas Inter Faith Action (Attachment 17)
Discussion followed.
Chairman Erickson closed the hearing on SB419.
