Bill Analyses and Ratings

Rating: +1

Bill Summary:

House Bill 240, titled the “Protecting Campus Free Speech in Higher Education Act,” establishes strong statutory protections for First Amendment rights on Idaho’s public college and university campuses. It creates a new Chapter 68 in Title 33 of Idaho Code to ensure that students and student organizations may engage in constitutionally protected speech in outdoor areas of campus without undue restrictions.

Key provisions:

• Prohibits the creation of “free speech zones” that confine protected expression to limited areas.
• Requires institutions to allow spontaneous assembly and literature distribution in public outdoor spaces.
• Prohibits public colleges from charging higher security fees based on the content of speech or the identity of a speaker.
• Requires all public institutions of higher education to adopt anti-harassment policies and make free speech policies publicly available via handbooks, websites, and student orientations.
• Mandates institutions to submit compliance reports to the Governor and Legislature.
• Allows students or student organizations to sue for violations, with available remedies including injunctive relief, up to $25,000 in damages, and recovery of legal fees.
• Clarifies exceptions for commercial speech, unprotected speech (e.g., true threats), and harassment.

Reason for Rating:

HB 240 firmly upholds the constitutional principles of free speech, limited government, and academic freedom—all of which are central to the Idaho Republican Party Platform. It counters ideological censorship on campuses and holds universities accountable to both taxpayers and the Constitution. The bill offers real consequences for violations while respecting narrow exceptions for maintaining order and student safety.