ALEC Policy Champions Protect Free Speech on Idaho’s College Campuses

ALEC is honored to recognize Idaho Representative Barbara Ehardt and Senator Kevin Cook as its latest Policy Champions for their sponsorship of the Protecting Campus Free Speech in Higher Education Act (H 240), which Governor Brad Little signed into law on March 28.

Thanks to Ehardt and Cook’s hard work, Idaho has strengthened First Amendment protections for its 43,000 public college and university students.

“We have had a problem in Idaho with students being able to express themselves,” said Ehardt. “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.”

Under the new law, all outdoor areas of public higher education institutions in Idaho are now considered public forums. This means so-called “free speech zones” limiting speech to only certain areas of campus are prohibited.

It is also now illegal for these public institutions to discriminate against students or student groups based on viewpoint, and student groups cannot be denied privileges offered to other groups based on their political, religious, or ideological positions. This includes the practice of charging student groups discriminatory security fees for speakers based on their viewpoint.

Idaho’s higher-ed institutions will be required to publish their policies regarding free speech. They must 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.

In addition, students can bring a cause of action against Idaho universities or university employees, in their official capacity, for violating their First Amendment rights.

“This bill doesn’t pick sides,” stated Cook. “It protects everyone—no matter what you believe—because free speech is a right, not a privilege.”

As a defender of free speech, ALEC is excited that Idaho is taking steps to protect the First Amendment rights of its students. Idaho’s Protecting Campus Free Speech in Higher Education Act closely aligns with our model policy the Forming Open and Robust University Minds (FORUM) Act. Congratulations to our newest policy champions Ehardt and Cook on their free speech win!

States looking to improve free speech on their campuses should look to our model policy, the Forming Open and Robust University Minds (FORUM) Act, and our other model policies protecting free speech, such as the Free Speech in Higher Education Act, featured in ALEC’s Essential Policy Solutions for 2025.