Purpose of the Bill

The purpose of this bill is to establish the Intellectual Freedom Protection Act. This act aims to regulate public postsecondary institutions in Minnesota to safeguard intellectual freedom by prohibiting certain practices and creating mechanisms for enforcement, including private rights of action and involvement by the attorney general.

Main Provisions

• Admissions and Faculty Hiring:

  • Public postsecondary institutions cannot require applicants, students, or faculty members to pledge allegiance or express personal support for any political ideology, such as diversity, equity, inclusion, or patriotism, as a condition for admission or employment.
  • Institutions are prohibited from making decisions about admission, benefits, hiring, promotions, or reappointment based on an individual's statements regarding political ideologies.

• Transparency Requirements:

  • Institutions must publicly share all training materials related to nondiscrimination, diversity, equity, inclusion, race, ethnicity, and sex on their websites. This includes making policies and guidance on these issues readily available.

• Enforcement and Legal Actions:

  • Individuals who believe their rights have been violated under this act can file lawsuits against institutions in state or federal court to seek declaratory relief or injunctions against violations.
  • Successful plaintiffs may be granted equitable remedies and awarded damages, including court costs and attorney fees.
  • The attorney general is empowered to take legal action against institutions that violate the act, with the possibility of a civil penalty of $100,000 per violation.

• Limitations:

  • The act does not prevent institutions from requiring compliance with existing federal or state laws, including antidiscrimination legislation.
  • Institutions retain the right to evaluate candidates based on their scholarship, teaching, or expertise relevant to their academic field.
  • The academic freedom of faculty is protected, allowing them to teach, research, and write about relevant topics.

• Disciplinary Actions:

  • Institutions are permitted to discipline employees found in violation of the act according to their internal policies and procedures.

Significant Changes

• The bill introduces new legal avenues for individuals to challenge perceived violations, potentially increasing litigation involving Minnesota's public postsecondary institutions.
• It formally codifies restrictions against mandating statements of political allegiance related to diversity and inclusion in institutional practices.

Relevant Terms

• Intellectual Freedom
• Public Postsecondary Institutions
• Diversity, Equity, Inclusion
• Political Ideology
• Academic Freedom
• Compliance and Antidiscrimination
• Attorney General