What is SB1?

Ohio 136th General Assembly Senate Bill 1

• Sponsored by Jerry Cirino, State Senator District 18

• Signed into law by Mike DeWine, Governor

• The Ohio Legislature 136th General Assembly Senate Bill 1

• Bill Analysis, Ohio Legislative Service Commission

First Amendment and Academic Freedom Concerns

Restriction of Speech: SB1's vague definition of "controversial beliefs or policies" could lead to censorship of important classroom discussions, violating First Amendment rights and academic freedom.¹

Compelled Speech: The requirement for institutions to affirm they won't indoctrinate students could be seen as compelled speech, infringing on the autonomy of educators and institutions.²

Impact on Curriculum: The law will limit the ability of universities to determine their curriculum and address important social and political issues.³

Challenges to Diversity, Equity, and Inclusion (DEI) Initiatives

Elimination of DEI Programs: SB1 mandates the end of DEI offices, training, and programs, which are crucial for creating inclusive and equitable learning environments.⁴

Impact on Underrepresented Students: The elimination of DEI initiatives and scholarships could reduce opportunities for marginalized students.⁵

Lack of Definition: The ACLU of Ohio points out the bill's lack of a clear definition of "DEI," leading to potential overreach and unintended consequences, possibly affecting scholarships for veterans or disabled students.⁶

Concerns Regarding Labor Rights and Collective Bargaining

Ban on Faculty Strikes: SB1 eliminates the right of faculty to strike, which is seen by unions as an attack on labor rights and a weakening of their ability to advocate for their members and the quality of education.⁷

Impact on Working Conditions: Faculty unions fear the bill will lead to unstable work environments and decreased job security due to the restrictions on collective bargaining and academic freedom.⁸

Potential Negative Impact on Higher Education Quality and Reputation

Brain Drain: The restrictions imposed by SB1 could drive talented faculty and students out of Ohio to states with more supportive academic environments.⁹

Weakening of Institutions: The law will undermine the ability of Ohio's public universities to compete nationally and internationally.¹⁰

Politicization of Education: SB1 represents undue political interference in the operations and academic mission of higher education institutions.¹⁰

Procedural and Constitutional Arguments

Vagueness and Overbreadth: The broad and undefined terms within the bill could be challenged as unconstitutionally vague, leading to arbitrary enforcement.¹⁰

Legislative Overreach: Arguments might be made that the state legislature is overstepping its authority by dictating curriculum and internal policies of higher education institutions.¹⁰

References

1. Ohio Senate Democrats, Ohio’s Senate Bill 1: A Threat to Higher Education, Free Speech, and Workers’ Rights, accessed May 19, 2025, https://ohiosenate.gov/news/the-democratic-standard/ohios-senate-bill-1-a-threat-to-higher-education-free-speech-and-workers-rights.

2. ACLU of Ohio, Senate Bill 1 Opponent Testimony, accessed May 19, 2025, https://www.acluohio.org/en/news/senate-bill-1-opponent-testimony.

3. ACLU of Ohio, Senate Bill 1 Opponent Testimony.

4. Signal Akron, “Ohio Colleges Scaling Back DEI Programs Amid Senate Bill 1 Debate,” accessed May 19, 2025, https://signalakron.org/ohio-colleges-scaling-back-dei-programs-senate-bill-1.

5. The Post Athens, “Ohio Senate Bill 1 Would Eliminate DEI Programs at Public Universities,” The Post, February 2025, accessed May 19, 2025, https://www.thepostathens.com/article/2025/02/ohio-senate-bill-one-diversity-equity-inclusion.

6. ACLU of Ohio, ACLU of Ohio Urges Governor DeWine to Veto SB 1: Bill Attacks Campus Free Speech and Bans DEI, accessed May 19, 2025, https://www.acluohio.org/en/press-releases/aclu-ohio-urges-governor-dewine-veto-sb-1-bill-attacks-campus-free-speech-and-bans.

7. Signal Akron, “Ohio Higher Education Bill Eliminating DEI Raises Concerns,” accessed May 19, 2025, https://signalakron.org/ohio-higher-education-bill-eliminating-dei-senate-bill-1-sb1.

8. The Oberlin Review, “Senate Bill 1 Restricts Teaching of Controversial Topics in Public Ohio Universities,” accessed May 19, 2025, https://oberlinreview.org/34843/news/senate-bill-1-restricts-teaching-of-controversial-topics-in-public-ohio-universities.

9. Governing Magazine, “Ohio Is Rewriting the Rules for Higher Education,” accessed May 19, 2025, https://www.governing.com/policy/ohio-is-rewriting-the-rules-for-higher-education.

10. Ohio Senate Democrats, Senate Bill 1 Attacks Academic Independence, accessed May 19, 2025, https://ohiosenate.gov/news/the-democratic-standard/senate-bill-1-attacks-academic-independence.