Bill > H0178

This bill establishes the "Protecting Campus Free Speech in Higher Education Act" to safeguard First Amendment rights on public college campuses in Idaho. The legislation defines protected expressive activities broadly, including peaceful assembly, speeches, distributing literature, and protesting, and prohibits public higher education institutions from creating restrictive "free speech zones" or limiting student speech based on content. The bill requires colleges to maintain harassment policies, ensure students can engage in expressive activities in outdoor campus areas, and avoid charging security fees based on the potential controversy of a speaker. Public institutions must educate students about free speech rights, publicly report on their implementation of these requirements, and can be sued by students or student organizations if they violate these provisions. If a court finds a violation, it may award injunctive relief, compensatory damages up to $25,000, nominal damages, court costs, and attorney's fees. The act includes important limitations, such as still allowing colleges to prohibit unprotected speech like true threats or commercial speech, and it provides a one-year statute of limitations for bringing legal action. The bill is set to take effect on July 1, 2025, and aims to ensure that Idaho's public colleges remain "marketplaces of ideas" where robust and uninhibited debate can flourish.

Education

Education Committee (H)

https://legislature.idaho.gov/sessioninfo/2025/legislation/H0178/