(NEW YORK)–Our statement was originally published on April 15, 2026 and has been corrected below.
PEN America today criticized TN HB 1476/SB 1741, the “Charlie Kirk Act,” which was passed by the Tennessee General Assembly on Monday and is headed now to the governor’s desk.
Kristen Shahverdian, Director of Higher Education and Free Expression at PEN America said: “This bill claims to protect free speech but in reality places demands on universities that will diminish free expression. State laws forcing universities to adopt a policy of institutional neutrality are a recipe for censorship, while legislative efforts to regulate the free exchange of ideas on campus pose a threat to colleges’ and universities’ core mission. In a political environment that often results in overzealous enforcement, state laws dictating how universities are run narrow the space for open exchange and deter opportunities for counter-speech altogether.”
“Furthermore, the bill calls for special protections for certain kinds of speech, such as ‘opposition to abortion, homosexuality, or transgender behavior,’ but political speech is already protected under the First Amendment. By naming protections for certain speech, this bill underhandedly elevates certain ideological viewpoints, suggesting they deserve a kind of more protected status. Twisting the First Amendment in this way undermines the very American principle of free speech.”
Correction: The prior version of this statement released on April 15, 2026 incorrectly referred to provisions in TN HB 1476/SB 1741 that had been removed from the bill before its final passage. The version passed by the legislature and sent to the Governor removed the mandatory punishments and the vague language describing walk-outs from the original bill. The statement has been updated to correct for this factual error.
About PEN America
PEN America stands at the intersection of literature and human rights to protect free expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Learn more at pen.org.
Contact: Malka Margolies, [email protected], 718-530-3582