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September 10, 2024

North Dakota

State Senate: Republican majority
State House: Republican majority
Governor: Doug Burgum (R)
Attorney General: Drew Wrigley (R)

Summary:

Red rural North Dakota has passed two speech-related laws over the past few years,HB 1503 which requires adoption of free speech policies at institutions under the control of the state board of higher education, and SB 2247 which prevents teaching and training of “divisive concepts” relating to race and sex at public colleges.

Earlier this year, Attorney General Drew Wrigely joined many other Republican AGs in supporting the National Rifle Association’s successful Supreme Court case against the New York Department of Finance. 

Key Policymakers:

  • Rep. Kim Koppelman [R], Rep. Rick Becker [R], and Rep. Mary Johnson [R] 
  • Sen. Bob Paulson [R], Sen. Randy Lemm [R], and Sen. Mike Wobbema [R

Legislative Activity:

HB 1503 (Signed into Law) (2021): Requires adoption of free speech policies at institutions under the control of the state board of higher education. Introduced by Rep. Kim Koppelman [R], Rep. Rick Becker [R], and Rep. Mary Johnson [R] in Feb. 2021, passed both chambers largely along partisan lines, and signed into law on April 16, 2021.

SB 2247 (Signed into Law): Prevents teaching and training of “divisive concepts” relating to race and sex at public colleges. Introduced by Sen. Bob Paulson [R], Sen. Randy Lemm [R], and Sen. Mike Wobbema [R] in Jan. 2023, passed the House over bipartisan opposition, the Senate largely along partisan lines, and signed into law on April 24, 2023.

HB 1144 (2021): An act to protect free speech from racial, religious, and viewpoint discrimination by a social media platform or interactive computer service; and to provide a penalty. Introduced by Rep. Tom Kading [R],Rep. Larry Bellew [R], Rep. Terry Jones [R], and Rep. Ben Koppelman [R] in Jan. 2021, passed the House largely along partisan lines, but died after a failed vote in the Senate.

Legal Actions:

Attorney General Wrigley Issues Statement On Supreme Court’s NRA v. Vullo Decision. On May 31, 2024, the United States Supreme Court unanimously ruled in favor of the National Rifle Association in its case against a New York state official for allegedly coercing regulated financial entities to terminate their relationships with the NRA to suppress the NRA’s pro-firearm advocacy. North Dakota Attorney General Drew Wrigley, along with 23 other states’ Attorneys General and the Arizona legislature, filed an amicus brief in April 2024 urging the Supreme Court reverse an appeals court ruling that effectively gave New York officials the ability to stifle the NRA’s First Amendment protected speech by threatening increased regulatory pressure on financial institutions that did business with them. “Freedom to criticize government policy is at the heart of America’s founding. The United States Supreme Court unanimously recognized that New York’s actions eroded First Amendment protections for political speech, paving the way for government suppression,” stated Attorney General Wrigley. “With this ruling, the Supreme Court has helped to rectify the wrongs perpetrated against the NRA by New York officials who appear to have abused their regulatory powers to threaten financial institutions that did business with a policy group they disfavored.”

 

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