Idaho Legislature: Ask Legislators to VOTE YES on H0178 - Campuses, free speech (posted 02/12/25)

• Bill: legislature.idaho.gov/s…

• Contact Legislators (click below):

(Check the linked page or use My Bill Tracker for the bill’s current status.)

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H0178 – the "Protecting Campus Free Speech in Higher Education Act" – is designed to safeguard First Amendment rights on public college campuses in Idaho. This bill seems to strike a good balance between free speech rights of students while preventing dangerous and threatening behaviors that have occurred on many campuses throughout the country. It’s a shame that we need to define free speech rights, especially at institutions where higher learning is supposed to foster the free exchange of ideas, debate them civilly, and persuade others in an appropriate way. But here we are!

Specifics of H0178:

• Defines protected expressive activities broadly, including peaceful assembly, speeches, distributing literature, and protesting

• Prohibits public higher education institutions from creating restrictive "free speech zones" or limiting student speech based on content.

• Requires colleges to maintain harassment policies.

• Ensures students can engage in expressive activities in outdoor campus areas.

• Avoids charging security fees based on the potential controversy of a speaker.

• Requires public institutions to educate students about free speech rights, and publicly report on their implementation of these requirements

• Allows lawsuits by students or student organizations if they violate these provisions.

• Allows courts (if they find a violation) to award injunctive relief, compensatory damages up to $25,000, nominal damages, court costs, and attorney's fees.

• Imposes important limitations, such as allowing colleges to prohibit unprotected speech like true threats or commercial speech, and a one-year statute of limitations for bringing legal action.