After ‘Legislature was blamed’ for banned word list, new bill would ensure campus guest speakers aren’t censored

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Sen. John Johnson doesn’t believe it’s the Utah Legislature’s fault that some schools overcorrected as they tried to comply with the state’s anti-diversity law.

He pointed to recent examples that have drawn widespread attention to the measure — one of the most restrictive in the country — saying that in each case, it was the schools that went beyond what’s required.

The North Ogden Republican first mentioned a November event at Weber State University, where Indigenous author and editor Darcie Little Badger planned to speak about a new feminist Native anthology. Little Badger canceled her appearance, though, after Weber State gave her a list of “prohibited words and concepts,” including equity, diversity and inclusion (DEI), anti-racism, bias, oppression and intersectionality.

The document specifically cited HB261, Utah’s anti-DEI law passed in 2024. Weber State has said it crafted the list to comply with that law.

But the language of the law never applied to guest speakers at public campuses, Johnson said, or required “restricting guest speaker’s vocabulary.”

“The story spread nationally, and the Legislature was blamed,” the senator said during a committee hearing at the Capitol last week. But, he added, that episode actually “revealed institutional overcorrection, born from misunderstanding.”

Instead, Johnson said, the 2024 law solely applies to the services that schools provide, along with any mandatory trainings or events, which cannot promote or cater to a specific identity group.

That means there cannot be a scholarship only open to Black students, for instance. And a center that only offers support to female students would be required to either close or open its services to all.

The law applies to higher education institutions, public K-12 schools and government offices.

Now, Johnson has drafted SB295 — titled “Intellectual Diversity in Education and Government” — to update the law and specifically exempt invited campus guests from any DEI-related requirements. It encourages schools to host speakers who represent “diverse viewpoints.”

“Nothing in this section,” the bill says, “prohibits an institution from inviting an individual speaker or a panel who articulates a singular or specific perspective.”

The measure was passed by the Senate Education Committee unanimously. It moves next to the full consideration of the Senate before the legislative sessions ends March 6.

But before that, Sen. Kathleen Riebe, D-Cottonwood Heights, challenged Johnson on who should be blamed for what schools have done to comply with the anti-DEI law. She supports the new clarification, but said she feels the Legislature is clearly at fault for creating confusion in the first place.

“It’s not really a blame game,” Riebe said. “It’s more of the kind of atmosphere we created and trying to un-create that atmosphere.”

She also noted that some overcorrection concerns were brought up during committee hearings when HB261 was originally introduced.

Johnson didn’t directly respond, but said when institutions overcorrect, “speech narrows and trust erodes.” He added: “The law prevents compulsion not conversation.”

To that effect, he’s added some “accountability” requirements with SB295.

The state’s eight public colleges and universities would need to provide a list of all public speaking events, including panels and debates, to the governor and the Legislature each year.

Schools should try to provide balance, such as inviting a Democrat one week and a Republican the next, but there’s no need for exact equal representation.

Campus speaking events would also need to be included on a public calendar, and video recordings would need to be posted online within 10 days, with a university copy kept for at least five years.

Nicole Allen, an associate professor at Utah State University, said she’s seen the over-compliance firsthand, including the school ending a popular Women’s Climb Night.

She urged the Legislature to “limit the damage” and open up a hotline where students and staff could submit concerns about schools going beyond the requirements.

Geoff Landward, the commissioner of public higher education in the state, said he appreciates the measure for protecting “the marketplace of ideas on our campuses.”

“The whole intent for higher education is for the students who attend there and study there — and the researchers who research there — to be able to explore different ideas, to be able to debate different ideas and to learn from those debates,” he said.

What about K-12 student clubs?

Johnson’s new measure also addresses some concerns with K-12 student clubs.

He pointed to a situation that arose shortly after conservative commentator Charlie Kirk, who ran the organization Turning Point USA, was fatally shot at Utah Valley University in September.

At the time, a group of Fremont High students in Ogden asked for their Turning Point chapter to be formally recognized as a “curricular club.” That would mean school sponsorship, yearbook space and the ability to participate in school-sponsored activities.

The students had been designated as a “noncurricular club,” or group, because the school and Weber School District said the club’s purpose didn’t directly relate to curriculum. Officials cited HB261 in their refusal.

The students, though, argued other groups like theirs got special privileges. And they alleged the school was selectively enforcing the rules.

Johnson said the Utah State Board of Education and Rep. Katy Hall, R-South Ogden, who sponsored HB261, worked with the school district to come to a resolution. The Turning Point group is now able to participate in all school activities.

Johnson said the anti-DEI law doesn’t allow schools to approve or deny a club based on ideology, or restrict what a club can do; his new measure, SB295, also spells out that protection for students.

Heidi Alder, general counsel for Weber School District, joined the committee hearing to comment on Johnson’s measure, arguing it still needs “some cleanup.”

“We have been trying to walk the line that has been in the law for quite some time now about treatment of curricular clubs versus treatment of noncurricular clubs,” she said.

Johnson also added language to protect a popular student group called Latinos in Action, which has chapters across the country. There had been questions as to whether chapters could continue in Utah; Johnson clarified they can, as long as they “emphasize action” and don’t exclude participants based on ethnicity.