Bill Analyses and Ratings

Rating: –1

Bill Summary:

House Bill 271 creates a new section of Idaho law prohibiting the publication of any commercial advertisement—in any medium—that promotes a product or service deemed illegal under federal, state, or local law in the jurisdiction where it is offered. Violators are subject to a misdemeanor charge and a $500 fine per violation, with each day an ad remains active counting as a separate offense.

The bill defines “commercial advertisement” as any promotion that encourages consumers to engage with a product or service to benefit a commercial enterprise. It also amends Section 19-4705, Idaho Code, to direct 90% of the fines collected to the county sheriff’s office where the violation occurred and 10% to the district court fund.

Reason for Rating:

While intended to curb the promotion of illegal goods and services, H0271 grants the state overly broad enforcement authority that risks infringing on constitutionally protected commercial speech. It allows the state to penalize advertisements based on the legality of the product or service in other jurisdictions—potentially punishing Idaho businesses or publishers for promoting otherwise legal content if that content violates laws elsewhere. This conflicts with the Idaho Republican Party Platform’s commitment to limited government, free enterprise, and state sovereignty.

The bill also centralizes decision-making over what is considered “illegal” without providing clear due process or exceptions for inadvertent publication. It could force private businesses, media outlets, and digital platforms to engage in burdensome pre-screening of all advertising content, effectively chilling lawful expression and market participation. For its risk of regulatory overreach and unintended censorship, H0271 is appropriately rated at –1.