As university students cite censorship concerns, lawmakers weigh legislation on the topic

Members of an interim legislative committee heard from seven university students Monday about what they described as censorship issues on campus, and discussed possible remedies — including legislation that could lead to litigation.

The hearing took place Monday before the Civil Rights Violations and Censorship by Montana University System Committee. One Republican lawmaker said he plans to draft a bill for the 2027 legislative session with the hope that the Montana Supreme Court will clarify a previous decision that he says limit rights on campus.

But a Democratic member of the committee said students have the ability to bring a lawsuit now, and argued drafting a bill would be an indirect way to get the issue before the state’s highest court — implying it would also be at the taxpayers expense.

Lawmakers on the committee voted unanimously to draft a letter to send to Montana’s flagship universities asking them to consider creating ombudsperson positions to have confidential discussions with individuals with civil rights complaints and offer potential remedies. Lawmakers will vote on the exact language at their next meeting.

Two students spoke on instances where teachers failed written assignments in which they expressed their political opinions in favor of President Donald Trump or against "mass migration" in the U.S. One student said he felt he couldn’t express his right-leaning opinions in class but needed to join discussions as part of his grade.

An MSU spokesperson said academic complaints are a matter of individual student privacy, and could not comment.

Two University of Montana students spoke favorably of the civil rights protections at UM.

Will this fight go to the courts again?

The Montana Board of Regents’ independent control over the university system has been a source of frustration for Montana Republicans for years, with one of the largest recent disputes involving gun rights on campus.

In 2022, the Montana Supreme Court unanimously blocked legislation passed during the 2021 session to allow guns on campus, citing the Board of Regent’s constitutional authority over the university system.

But committee member Rep. Greg Overstreet, R-Stevensville, filed an amicus brief in the case saying the lower court’s decision "creates a constitution-free zone on the MUS campuses," he said.

Overstreet said he is drafting a bill to "give the Supreme Court a chance to correct what I believe is an oversight on their part."

But Rep. Brian Close, D-Bozeman, said students already had the ability to sue the state or federal government over the Regent’s authority as it relates to state or federal rights.

"There's a direct route to test the result they want to test," Close said.

Overstreet said it’s "a lot cheaper, quicker and easier to pass a bill than to litigate."

Close responded, "If I understand you correctly, you're proposing a bill that will generate a test case, i.e., litigation, to get your results — so it does generate litigation — and is that litigation going to be paid for by the taxpayers through the attorney general's office?”

Overstreet said he wasn’t sure the attorney general’s office would pay attorney fees and said there’s a possibility there wouldn’t be a test case for the bill, assuming it passes.

"The university system, I guess, could file a lawsuit, but not to sound like a third grader, that would mean they started it," Overstreet said. "If they want to initiate a lawsuit, that can't be stopped, and the attorney general would need to do what his office does frequently, which is defend the validity of statutes."

To ombudsman, or not to ombudsman

The committee's slated letter is asking universities to consider funding an ombudsman position, but what does that mean?

An ombudsman, generally, is a person who investigates and helps settle complaints.

MSU previously had an ombudsman position from 2002 to 2011, according to information provided by the university system to the committee.

The position functioned as a neutral university-wide faculty and professional staff mediator, the document said. It was a grant funded position, but it went away when the grant ran out. Students do have access to other resources like case managers and peer advisors, the document read.

Both universities have websites outlining students rights and resources for help.

UM students with civil rights complaints can go to the Title IX and Equal Opportunity Office and the Director of Institutional Compliance, according to UM spokesperson Dave Kuntz, who also said there isn’t one employee solely dedicated to civil rights complaints.

"The advancement of civil rights and free expression is a critical component of a UM education," Kuntz said. "We are willing to work closely with the Office of the Commissioner of Higher Education, the Montana Board of Regents, and the Montana legislature to address civil rights protections for all UM students."

MSU students similarly have multiple avenues to seek support for civil rights complaints, according to spokesperson Michael Becker, who said students can turn to the Campus Civil Rights Office or the Associated Students of MSU Legal Services.

Becker said legal services at MSU connects students with attorneys who are not employed by MSU and can serve as truly independent advisers.

"MSU strongly supports the First Amendment and all our students' civil rights," Becker said. "We'll look forward to receiving the committee's letter."

The Montana University System provided statistics on the number of civil rights complaints between July of 2023 and June of 2025 — with discrimination broken up into categories of race, religion, age, gender, disability and "other."

The "other" category featured the most complaints — with 21 complaints in the 2023-24 school year and 12 in the 2024-25 school year.

How did this fight get to this committee?

The temporary committee was formed under House Bill 284, sponsored by Rep. Caleb Hinkle, R- Belgrade, during the 2025 legislative session with the intent to "investigate civil rights violations and acts of censorship committed by the Montana university system."

The bill requires recommendations be sent to President Donald Trump, leadership in the U.S. congress, Montana's congressional delegation, Gov. Greg Gianforte, the Montana Department of Justice, the Office of Public Instruction and leadership in both state legislative chambers. Members of the committee will vote on where to send their findings.

The Board of Regents and the Office of the Commissioner of Higher Education, which are constitutionally charged with overseeing the university system in Montana, were not listed in the bill but staff said they could send the report to them as well.

Monday’s meeting was the committee’s second of three meetings. Lawmakers on the bipartisan committee are expected to vote on the recommendation language.

The agenda for Monday’s meeting provided for two public comment periods throughout the day, planning on having a work session at 4 p.m., but adjourned by 11:30 a.m.

Editor's Note: This story was updated to make clear the committee is planning to vote on whether to send a letter for Montana universities to consider funding an ombudsman position.