{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-401.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-401.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-401.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-401.1.html"}],"law_id":69336,"edition_id":1,"section_id":69336,"structure_id":13517,"section_number":"23.1-401.1","catch_line":"Constitutionally protected speech; policies, materials, and reports; report","history":"2018, c. 751.","full_text":"A\n\nExcept as otherwise permitted by the First Amendment to the United States Constitution, no public institution of higher education shall abridge the constitutional freedom of any individual, including enrolled students, faculty and other employees, and invited guests, to speak on campus.B\n\nEach public institution of higher education shall establish and include in its student handbook, on its website, and in its student orientation programs policies regarding speech that is constitutionally protected under the First Amendment to the United States Constitution and the process to report incidents of disruption of such constitutionally protected speech.C\n\nEach public institution of higher education shall develop materials on the policies established pursuant to subsection B and notify any employee who is responsible for the discipline or education of enrolled students of such materials.D\n\nEach public institution of higher education shall develop, post on its website in a searchable, publicly accessible, and conspicuous manner, and submit to the Governor and the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than December 1 of each year a report on the institution&#8217;s compliance with the provisions of this section that includes:1\n\nA copy of the institution&#8217;s policies as described in subsection B and materials on such policies as described in subsection C;2\n\nCertification that the institution has complied with subsection C; and3\n\nA copy of any complaint filed in a court of law since December 1 of the preceding year to initiate a lawsuit against the institution or an employee of the institution in his official capacity for an alleged violation of the First Amendment to the United States Constitution.E\n\nEach public institution of higher education shall submit to the Governor and the Chairmen of the House Committee on Education and the Senate Committee on Education and Health a copy of any complaint filed in a court of law to initiate a lawsuit against the institution or an employee of the institution in his official capacity for an alleged violation of the First Amendment to the United States Constitution no later than 30 days after such complaint is served.","order_by":null,"text":{"0":{"id":250798,"text":"Except as otherwise permitted by the First Amendment to the United States Constitution, no public institution of higher education shall abridge the constitutional freedom of any individual, including enrolled students, faculty and other employees, and invited guests, to speak on campus.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250799,"text":"Each public institution of higher education shall establish and include in its student handbook, on its website, and in its student orientation programs policies regarding speech that is constitutionally protected under the First Amendment to the United States Constitution and the process to report incidents of disruption of such constitutionally protected speech.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":250800,"text":"Each public institution of higher education shall develop materials on the policies established pursuant to subsection B and notify any employee who is responsible for the discipline or education of enrolled students of such materials.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":250801,"text":"Each public institution of higher education shall develop, post on its website in a searchable, publicly accessible, and conspicuous manner, and submit to the Governor and the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than December 1 of each year a report on the institution&#8217;s compliance with the provisions of this section that includes:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":250802,"text":"A copy of the institution&#8217;s policies as described in subsection B and materials on such policies as described in subsection C;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":250803,"text":"Certification that the institution has complied with subsection C; and","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":250804,"text":"A copy of any complaint filed in a court of law since December 1 of the preceding year to initiate a lawsuit against the institution or an employee of the institution in his official capacity for an alleged violation of the First Amendment to the United States Constitution.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"7":{"id":250805,"text":"Each public institution of higher education shall submit to the Governor and the Chairmen of the House Committee on Education and the Senate Committee on Education and Health a copy of any complaint filed in a court of law to initiate a lawsuit against the institution or an employee of the institution in his official capacity for an alleged violation of the First Amendment to the United States Constitution no later than 30 days after such complaint is served.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3"}},"ancestry":[{"id":13517,"edition_id":1,"name":"General Provisions","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":13112,"metadata":{},"date_created":"2026-06-26 03:45:07","date_modified":"2026-06-26 03:45:07","permalink":{"id":184849,"object_type":"structure","relational_id":13517,"identifier":"4","token":"23.1\/II\/4","url":"\/23.1\/II\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13112,"edition_id":1,"name":"Students and Campus","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":13111,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184847,"object_type":"structure","relational_id":13112,"identifier":"II","token":"23.1\/II","url":"\/23.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13111,"edition_id":1,"name":"Institutions of Higher Education; Other Educational and Cultural Institutions","identifier":"23.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184581,"object_type":"structure","relational_id":13111,"identifier":"23.1","token":"23.1","url":"\/23.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75802,"structure_id":13517,"section_number":"23.1-400","catch_line":"Student organizations; rights and recognition","url":"\/23.1-400\/","token":"23.1\/II\/4\/23.1-400","metadata":false},{"id":84653,"structure_id":13517,"section_number":"23.1-401","catch_line":"Restrictions on student speech; limitations","url":"\/23.1-401\/","token":"23.1\/II\/4\/23.1-401","metadata":false},{"id":69336,"structure_id":13517,"section_number":"23.1-401.1","catch_line":"Constitutionally protected speech; policies, materials, and reports; report","url":"\/23.1-401.1\/","token":"23.1\/II\/4\/23.1-401.1","metadata":false},{"id":71352,"structure_id":13517,"section_number":"23.1-401.2","catch_line":"Student journalists; freedom of speech and the press","url":"\/23.1-401.2\/","token":"23.1\/II\/4\/23.1-401.2","metadata":false},{"id":66169,"structure_id":13517,"section_number":"23.1-401.3","catch_line":"Individuals with disabilities; documentation or evidence; accommodations","url":"\/23.1-401.3\/","token":"23.1\/II\/4\/23.1-401.3","metadata":false},{"id":69219,"structure_id":13517,"section_number":"23.1-402","catch_line":"Collection and dissemination of information concerning religious preferences and affiliations","url":"\/23.1-402\/","token":"23.1\/II\/4\/23.1-402","metadata":false},{"id":57736,"structure_id":13517,"section_number":"23.1-403","catch_line":"Access to campus and student directory provided to certain persons and groups","url":"\/23.1-403\/","token":"23.1\/II\/4\/23.1-403","metadata":false},{"id":60490,"structure_id":13517,"section_number":"23.1-404","catch_line":"Retention of student birth certificates authorized","url":"\/23.1-404\/","token":"23.1\/II\/4\/23.1-404","metadata":false},{"id":56359,"structure_id":13517,"section_number":"23.1-405","catch_line":"Student records and personal information; social media","url":"\/23.1-405\/","token":"23.1\/II\/4\/23.1-405","metadata":false},{"id":62622,"structure_id":13517,"section_number":"23.1-406","catch_line":"Reporting of certain students issued student visas","url":"\/23.1-406\/","token":"23.1\/II\/4\/23.1-406","metadata":false},{"id":55665,"structure_id":13517,"section_number":"23.1-407","catch_line":"Reporting of enrollment information to Sex Offender and Crimes Against Minors Registry","url":"\/23.1-407\/","token":"23.1\/II\/4\/23.1-407","metadata":false},{"id":82805,"structure_id":13517,"section_number":"23.1-407.1","catch_line":"Admissions applications; criminal history","url":"\/23.1-407.1\/","token":"23.1\/II\/4\/23.1-407.1","metadata":false},{"id":74443,"structure_id":13517,"section_number":"23.1-407.2","catch_line":"Admissions applications; legacy admissions and admissions based on donor status prohibited","url":"\/23.1-407.2\/","token":"23.1\/II\/4\/23.1-407.2","metadata":false},{"id":65273,"structure_id":13517,"section_number":"23.1-408","catch_line":"Annual reporting of the use of student fees","url":"\/23.1-408\/","token":"23.1\/II\/4\/23.1-408","metadata":false},{"id":54486,"structure_id":13517,"section_number":"23.1-408.1","catch_line":"Intercollegiate athletics; student-athletes; compensation and representation for name, image, or likeness","url":"\/23.1-408.1\/","token":"23.1\/II\/4\/23.1-408.1","metadata":false},{"id":55898,"structure_id":13517,"section_number":"23.1-409","catch_line":"Transparency in higher education information","url":"\/23.1-409\/","token":"23.1\/II\/4\/23.1-409","metadata":false},{"id":76701,"structure_id":13517,"section_number":"23.1-409.1","catch_line":"Supplemental Nutrition Assistance Program; notice to students","url":"\/23.1-409.1\/","token":"23.1\/II\/4\/23.1-409.1","metadata":false},{"id":58850,"structure_id":13517,"section_number":"23.1-409.2","catch_line":"Hunger-Free Campus Food Pantry Grant Program","url":"\/23.1-409.2\/","token":"23.1\/II\/4\/23.1-409.2","metadata":false},{"id":66663,"structure_id":13517,"section_number":"23.1-410","catch_line":"Student loan vendors","url":"\/23.1-410\/","token":"23.1\/II\/4\/23.1-410","metadata":false},{"id":66199,"structure_id":13517,"section_number":"23.1-411","catch_line":"Federal student loan information","url":"\/23.1-411\/","token":"23.1\/II\/4\/23.1-411","metadata":false},{"id":58086,"structure_id":13517,"section_number":"23.1-412","catch_line":"Non-academic student codes of conduct","url":"\/23.1-412\/","token":"23.1\/II\/4\/23.1-412","metadata":false}],"previous_section":{"id":84653,"structure_id":13517,"section_number":"23.1-401","catch_line":"Restrictions on student speech; limitations","url":"\/23.1-401\/","token":"23.1\/II\/4\/23.1-401","metadata":false},"next_section":{"id":71352,"structure_id":13517,"section_number":"23.1-401.2","catch_line":"Student journalists; freedom of speech and the press","url":"\/23.1-401.2\/","token":"23.1\/II\/4\/23.1-401.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-401.1\/","history_text":"<p>This law was first created in 2018. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0751\">751<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":184859,"object_type":"law","relational_id":69336,"identifier":"23.1-401.1","token":"23.1\/II\/4\/23.1-401.1","url":"\/23.1-401.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-401.1\/","token":"23.1\/II\/4\/23.1-401.1","dublin_core":{"Title":"Constitutionally protected speech; policies, materials, and reports; report","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-401.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Except as otherwise permitted by the First Amendment to the United States Constitution, no <span class=\"dictionary\">public institution of higher education<\/span> shall abridge the constitutional freedom of any individual, including enrolled students, faculty and other employees, and invited guests, to speak on campus. <a id=\"paragraph-250798\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-401.1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Each <span class=\"dictionary\">public institution of higher education<\/span> shall establish and include in its student handbook, on its website, and in its student orientation programs policies regarding speech that is constitutionally protected under the First Amendment to the United States Constitution and the process to report incidents of disruption of such constitutionally protected speech. <a id=\"paragraph-250799\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-401.1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Each <span class=\"dictionary\">public institution of higher education<\/span> shall develop <span class=\"dictionary\">materials<\/span> on the policies established pursuant to subsection B and notify any employee who is responsible for the discipline or education of enrolled students of such <span class=\"dictionary\">materials<\/span>. <a id=\"paragraph-250800\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-401.1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Each <span class=\"dictionary\">public institution of higher education<\/span> shall develop, post on its website in a searchable, publicly accessible, and conspicuous manner, and submit to the Governor and the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than December 1 of each year a report on the institution&#8217;s compliance with the provisions of this section that includes: <a id=\"paragraph-250801\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-401.1\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> A copy of the institution&#8217;s policies as described in subsection B and <span class=\"dictionary\">materials<\/span> on such policies as described in subsection C; <a id=\"paragraph-250802\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-401.1\/#D1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Certification that the institution has complied with subsection C; and <a id=\"paragraph-250803\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-401.1\/#D2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> A copy of any complaint filed in a <span class=\"dictionary\">court<\/span> of <span class=\"dictionary\">law<\/span> since December 1 of the preceding year to initiate a <span class=\"dictionary\">lawsuit<\/span> against the institution or an employee of the institution in his official capacity for an alleged violation of the First Amendment to the United States Constitution. <a id=\"paragraph-250804\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-401.1\/#D3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Each <span class=\"dictionary\">public institution of higher education<\/span> shall submit to the Governor and the Chairmen of the House Committee on Education and the Senate Committee on Education and Health a copy of any complaint filed in a <span class=\"dictionary\">court<\/span> of <span class=\"dictionary\">law<\/span> to initiate a <span class=\"dictionary\">lawsuit<\/span> against the institution or an employee of the institution in his official capacity for an alleged violation of the First Amendment to the United States Constitution no later than 30 days after such complaint is served. <a id=\"paragraph-250805\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-401.1\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCONSTITUTIONALLY PROTECTED SPEECH; POLICIES, MATERIALS, AND REPORTS; REPORT (\u00a7\n23.1-401.1)\n\nA. Except as otherwise permitted by the First Amendment to the United States\nConstitution, no public institution of higher education shall abridge the\nconstitutional freedom of any individual, including enrolled students, faculty\nand other employees, and invited guests, to speak on campus.\n\nB. Each public institution of higher education shall establish and include in\nits student handbook, on its website, and in its student orientation programs\npolicies regarding speech that is constitutionally protected under the First\nAmendment to the United States Constitution and the process to report incidents\nof disruption of such constitutionally protected speech.\n\nC. Each public institution of higher education shall develop materials on the\npolicies established pursuant to subsection B and notify any employee who is\nresponsible for the discipline or education of enrolled students of such\nmaterials.\n\nD. Each public institution of higher education shall develop, post on its\nwebsite in a searchable, publicly accessible, and conspicuous manner, and submit\nto the Governor and the Chairmen of the House Committee on Education and the\nSenate Committee on Education and Health no later than December 1 of each year a\nreport on the institution&#8217;s compliance with the provisions of this section\nthat includes:\n\n   1. A copy of the institution&#8217;s policies as described in subsection B and\n   materials on such policies as described in subsection C;\n\n   2. Certification that the institution has complied with subsection C; and\n\n   3. A copy of any complaint filed in a court of law since December 1 of the\n   preceding year to initiate a lawsuit against the institution or an employee of\n   the institution in his official capacity for an alleged violation of the First\n   Amendment to the United States Constitution.\n\nE. Each public institution of higher education shall submit to the Governor and\nthe Chairmen of the House Committee on Education and the Senate Committee on\nEducation and Health a copy of any complaint filed in a court of law to initiate\na lawsuit against the institution or an employee of the institution in his\nofficial capacity for an alleged violation of the First Amendment to the United\nStates Constitution no later than 30 days after such complaint is served.\n\nHISTORY: 2018, c. 751.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}