A Win for Free Speech on Campus in Idaho

Idaho has secured another free speech win this month by passing the Protecting Campus Free Speech in Higher Education Act. This legislation, once signed into law, will safeguard the First Amendment rights of more than 43,000 students enrolled in Idaho’s public colleges and universities. With this bill, Idaho is taking a stand to protect open debate and academic inquiry at public institutions of higher education, upholding students’ First Amendment right of free speech.

“We have had a problem in Idaho with students being able to express themselves,” said Rep. Barbara Ehardt, the bill’s sponsor. “This legislation makes very clear that as was stated in the Supreme Court with Healy v. James… the First Amendment protections… should not apply with less force on college campuses than in the community at large.”

H 240 deems all outdoor areas of public higher education institutions to be public forums, meaning that so-called “free speech zones” that limit speech to only certain areas of campus are prohibited. This is consistent with our model policy, the Forming Open and Robust University Minds (FORUM) Act.

The bill protects freedom of association and prohibits discrimination against students or student groups based on viewpoint. It prohibits universities from denying a group any privileges offered to other groups based on their political, religious, or ideological positions and from charging discriminatory security fees for events hosted by a student or student group based on their speaker’s viewpoint.

Additionally, H 240 increases transparency by requiring these universities to publish their policies regarding free speech and submit a report to the governor and legislative services office on how they are implementing these policies and if there have been any claims or complaints filed against the university regarding free speech. The bill also allows alleged victims to bring a cause of action against Idaho universities or university employees, in their official capacity, for violating their First Amendment rights.

With free speech violations occurring on campuses across the country, it is encouraging to see Idaho take this step to improve First Amendment protections on its campuses. Policymakers looking to improve the free speech climate at their state’s public colleges and universities can consult two ALEC Essential Policy Solutions for 2025 – The Forming Open and Robust University Minds (FORUM) Act and the Free Speech in Higher Education Act – to accomplish this goal.