Authored by Jonathan Turley via JonathanTurley.org,
A newly proposed bill in Congress could make a meaningful difference in the fight to restore free speech protections in higher education. The Restoring Civil Rights Attorney's Fees Act of 2026 would address a practical problem for civil rights and free speech groups suing public universities for the denial of free speech. When universities lose at the preliminary injunction stage, advocates cannot recoup costs and fees. The bill would allow that recovery and, as a result, level the playing field with universities, which can tap public funds to litigate these cases.
We have discussed many cases where universities spend millions in public funds to support anti-free speech policies and actions. A relatively small group of public interest groups have waged these battles with a collection of individual attorneys. Universities know that a case ending in a preliminary injunction will not result in fees or costs being paid to the victorious litigant. This bill would change that.
In my book The Indispensable Right: Free Speech in an Age of Rage, I suggest various ways that Congress could reinforce free speech rights, particularly in higher education. This is p
