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Committee hears HB 400, 'Free to Speak Act,' with back-to-back constitutional and school-safety testimony

House Judiciary Committee · February 14, 2025
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Summary

Sponsor Representative Braxton Mitchell described HB 400 as protecting speech rights for students, staff and state employees around names and pronouns; supporters cited compelled‑speech jurisprudence while education and civil‑rights groups warned the bill would curtail schools' ability to address harassment and could raise liability costs.

Representative Braxton Mitchell opened House Bill 400, the "Free to Speak Act," saying the bill protects students, public‑school employees and state employees from being compelled to affirm names or pronouns that conflict with their beliefs. The sponsor said the bill creates a private right to sue with remedies including injunctive relief and monetary damages and sets a two‑year limitation for claims.

Proponents framed the bill as a compelled‑speech and conscience protection. Jordan Carpenter of Alliance Defending Freedom said courts have repeatedly held the government may not compel individuals to speak a…

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