Bill > H0240

This bill establishes the "Protecting Campus Free Speech in Higher Education Act" to safeguard free speech rights at public higher education institutions in Idaho. The legislation creates comprehensive protections for students' First Amendment rights, defining "protected expressive activities" as including peaceful assembly, protests, speeches, literature distribution, and other forms of non-commercial communication. Key provisions require public colleges and universities to: maintain open outdoor areas without restrictive "free speech zones", avoid charging security fees based on speech content, prohibit student-on-student harassment, educate students about free speech rights, and publicly report on implementation of these requirements. The bill allows students or student organizations to sue institutions for violations, with potential remedies including injunctive relief and damages up to $25,000. Importantly, the law does not protect speech that is not constitutionally protected, such as true threats or expressions likely to provoke imminent lawless action. Institutions must balance free expression with maintaining educational operations, and the law provides for reasonable time, place, and manner restrictions that are content-neutral. The legislation stems from legislative findings emphasizing universities' role as "marketplaces of ideas" and the critical importance of protecting free expression in educational settings. The act will go into full effect on July 1, 2025, with institutions required to develop and publish policies align with its provisions.

Education, Government Affairs

Education Committee (H)

https://legislature.idaho.gov/sessioninfo/2025/legislation/H0240/