More than a dozen Republican state attorneys general warned public colleges not to use the assassination of Charlie Kirk as a pretext to suppress free speech, saying such actions could trigger investigations and lawsuits.
In a letter sent Thursday to campus presidents, 17 state attorneys general urged universities to ensure security policies are applied in a content-neutral and viewpoint-neutral manner and warned that invoking security concerns to curb speech could violate state consumer or deceptive practices laws. The missive, spearheaded by Iowa Attorney General Brenna Bird, urged colleges to avoid a “tax on free speech” by using security costs as a blunt tool against dissent. "Unfortunately, we have heard troubling reports that some university officials are using the murder of Charlie Kirk as a justification to shut down speech on campus," the letter reads. "While considering safety concerns, it is critical that universities are not imposing what would effectively be a tax on free speech." "Particularly at this moment, when free speech itself was attacked, our universities must show through their actions that they will defend free speech and resist the 'Assassin's Veto.' You have an obligation to protect free speech—you must not use the burden of protecting free speech to prevent free speech." The line about the assassins veto refers to a broader concern that threats or violence are being used to silence unpopular views.
[IMAGE: Iowa Attorney General Brenna Bird]
The letter argues that security policies must be neutral on content and viewpoint, and that students might be treated as consumers under state consumer protection laws if schools lowball or overcharge for security without a legitimate, non-discriminatory basis. The AGs also warned universities not to advertise as open forums for debate while applying security policies in a way that suppresses certain perspectives.
The correspondence cites a recent history of campus disputes over security costs. It notes that in 2018 the University of California, Berkeley settled with campus conservative groups over allegations that the school charged higher security fees and imposed restrictions that contributed to the cancellation of conservative events. Berkeley argued the higher fees reflected assessments by law enforcement of disruption risk and later reaffirmed its commitment to free speech while adjusting its practices. The letter also references a 2023 case at the University of New Mexico, where a federal court preliminarily blocked Turning Point USA from being charged more than $5,000 in security fees for a Riley Gaines event.
The attorneys general said such examples illustrate the potential for neutral policies to be misused to stifle speech, and they urged colleges to avoid any policy that could be read as targeting particular viewpoints before, during or after student gatherings.
"The tragedy of Charlie Kirk's assassination is a sobering reminder that the right to free speech must be protected," Bird told Fox Digital. "Charlie was murdered while debating on a university campus, a place where the free exchange of ideas should be encouraged; we cannot allow the actions of an assassin to stop free speech in any way. Colleges and universities must take steps to keep their students safe while preserving free discussion and open debate." The letter also emphasizes that institutions should keep campuses open for robust, multi-perspective dialogue, and that the First Amendment should remain a cornerstone of campus life.
The coalition was led by Bird and included top law enforcement officials from Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Texas and Utah. The group noted that 17 Republican attorneys general had signed on to the initiative, reflecting a cross-state emphasis on protecting speech on public campuses while maintaining safety.
Kirk was killed on Sept. 10 while at Utah Valley University in Orem, where he was participating in a Turning Point USA event. He was sitting under a tent when a single shot struck him in the neck. Authorities have said the FBI is investigating the circumstances surrounding the shooting. An FBI investigator was seen near the building, underscoring the ongoing national law enforcement response to the incident.
Conservative advocacy groups welcomed the AGs’ action as timely and necessary. Nicole Neily, president of Parents Defending Education, called the move a reminder of the obligation to defend free speech on campuses. Will Hild, executive director of Consumers' Research, argued that allowing the so-called assassin's veto to persist would aid a murderer by silencing debate and urged other states to follow suit. "By sustaining the assassin's veto, these university bureaucrats are actively aiding Charlie's murderer, using the threat of violence to cut off free debate," Hild told Fox Digital. "Such a practice is not just antithetical to everything Charlie Kirk stood for but to the very principles of America. Attorney General Bird’s leadership in rallying states' top law enforcement officers to oppose the Assassin’s Veto in all its forms is encouraging and should be emulated by others."
Kirk's funeral is scheduled for Sunday in Arizona and is expected to be attended by President Donald Trump and other administration leaders, according to organizers and public statements.
In closing, the letter from the 17 GOP attorneys general asserted that campus safety and free speech can coexist, and that any complaints about campus policies would be taken seriously. "If we receive complaints about your school, we will fully and fairly investigate those complaints subject to the authority of our respective offices," the letter stated. "Our offices are committed to ensuring that all our state entities, including our public colleges and universities, follow the Constitution."
[IMAGE: FBI investigation Charlie Kirk] [IMAGE: Charlie Kirk investigation scene]