Montana legislation · 2025 Regular Session
Montana HB400: Enact the "Free to Speak Act"
Status: Signed into law, May 5, 2025
What the bill says
An act establishing the free to speak act; prohibiting public schools or the state from imposing disciplinary or other adverse actions on a student or employee who refuses to use certain speech; providing a cause of action for violations of the free to speak act; providing definitions; and providing an immediate effective date.
From the engrossed text:
AN ACT ESTABLISHING THE FREE TO SPEAK ACT; PROHIBITING PUBLIC SCHOOLS OR THE STATE FROM IMPOSING DISCIPLINARY OR OTHER ADVERSE ACTIONS ON A STUDENT OR EMPLOYEE WHO REFUSES TO USE CERTAIN SPEECH; PROVIDING A CAUSE OF ACTION FOR VIOLATIONS OF THE FREE TO SPEAK ACT; PROVIDING DEFINITIONS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. Section 1. Short title. [Sections 1 through 4] may be cited as the "Free to Speak Act". Section 2. Definitions. As used in [sections 1 through 4], the following definitions apply: (1) "Employee" means an individual who is employed or contracted by a public school or the state. (2) "Noncharter public school" has the meaning provided in 20-6-803. (3) "Person" has the meaning provided in 1-1-201. (4) "Public charter school" has the meaning provided in 20-6-803. (5) (a) "Public school" means a noncharter public school, a public charter school, or a public institution of higher education. (b) The term does not include a nonpublic school or home school as described in 20-5-102(2)(e). (6) "Sex" has the meaning provided in 1-1-201. (7) "State" means the state of Montana or a county, municipality, board, commission, department, institution, or special district, or a subdivision or agency of the state of Montana or a county, municipality, board, commission, department, institution, or special district. (8) "Student" means an individual who is enrolled …
Sponsors
- Mitchell, Braxton (R, 5) · primary sponsor
- Usher, Barry (R, 19)
Latest actions
- : Chapter Number Assigned
- : (H) Signed by Governor
- : Chapter Number Assigned
- : (H) Transmitted to Governor
- : (S) Signed by President
- : (H) Signed by Governor
- : (H) Signed by Speaker
- : (H) Transmitted to Governor
- : (S) Signed by President
- : (H) Signed by Speaker
Votes
- Do Concur (April 11, 2025): 28 yea, 20 nay, passed
- Do Concur (April 10, 2025): 27 yea, 22 nay, passed
- Do Pass (February 21, 2025): 56 yea, 42 nay, passed
- Do Pass (February 20, 2025): 57 yea, 42 nay, passed
Subjects: Discrimination, Communications, Education - K-12
Common questions
- What is HB400?
- HB400 is a bill in the Montana Legislature (2025 Regular Session): Enact the "Free to Speak Act".
- What does HB400 do?
- In its own words: An act establishing the free to speak act; prohibiting public schools or the state from imposing disciplinary or other adverse actions on a student or employee who refuses to use certain speech; providing a cause of action for violations of the free to speak act; providing definitions; and providing an immediate effective date.
- What is the status of HB400?
- Signed into law as of May 5, 2025. Latest action: Chapter Number Assigned (May 13, 2025).
- Who sponsored HB400?
- Mitchell, Braxton (R, 5), with 1 co-sponsor.
- Where is the official record for HB400?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC1522
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.