T33CH68
Title 33 > T33CH68
Sections (11)
33-6801
TITLE 33 EDUCATION CHAPTER 68 PROTECTING CAMPUS FREE SPEECH IN HIGHER EDUCATION ACT 33-6801. short title. This chapter shall be known and may be cited as the Protecting Campus Free Speech in Higher Education Act. History: [33-6801, added 2025, ch. 194, sec. 1, p. 892.]
33-6802
TITLE 33 EDUCATION CHAPTER 68 PROTECTING CAMPUS FREE SPEECH IN HIGHER EDUCATION ACT 33-6802. legislative findings. The legislature finds that: (1) The first amendment to the United States constitution and the constitution of the state of Idaho protect the rights of freedom of speech, freedom of the press, freedom of religion, freedom of association, and freedom to petition the government for all people; (2) The United States Supreme Court, in Healy v. James , described public universities as peculiarly the marketplace of ideas, where young adults learn to exercise the constitutional rights necessary to participate in this system of government and to tolerate others’ exercise of the same rights, and there is no room for the view that… first amendment protections should apply with less force on college campuses than in the community at large ; (3) The exercise of first amendment rights on the campuses of public institutions of higher education in this state is a critical component of the education experience for students and requires that each public institution of higher education ensures free, robust, and uninhibited debate and deliberations by students whether on or off campus; (4) The United States Supreme Court warned in Sweezy v. New Hampshire that if public universities stifle student speech and prevent the open exchange of ideas on campus, our civilization will stagnate and die ; and (5) A significant amount of taxpayer dollars is appropriated to public institutions of higher education each year and, as such, the legislature must ensure that all public institutions of higher education receiving state funds continue to recognize freedom of speech as a fundamental right for all. History: [33-6802, added 2025, ch. 194, sec. 1, p. 892.]
33-6803
TITLE 33 EDUCATION CHAPTER 68 PROTECTING CAMPUS FREE SPEECH IN HIGHER EDUCATION ACT 33-6803. definitions. As used in this chapter: (1) Benefit means the recognition, registration, or use of facilities of an institution of higher education for meetings or speaking purposes, use of channels of communication, and use of funding sources that are otherwise available to other student organizations at the public institution of higher education. (2) Harassment means expression that is unwelcome and so severe, pervasive, and subjectively and objectively offensive that a student is effectively denied equal access to educational opportunities or benefits provided by a public institution of higher education. (3) Materially and substantially disrupts means the act of doing one (1) or more of the following: (a) Materially disrupting the operation or functions of the public institution of higher education; (b) Materially disrupting or preventing the communication of a message of another individual or group; or (c) Preventing a lawful meeting, gathering, or procession by: (i) Engaging in fighting, violence, or other unlawful behavior; or (ii) Physically blocking or threatening or inciting violence to prevent an individual from attending, listening to, viewing, or participating in a protected expressive activity. (4) Outdoor areas of campus means the generally accessible outside areas of campus where students, administrators, faculty, staff, and invited guests are commonly allowed, such as grassy areas, plazas, or other similar common areas, and does not include outdoor areas of campus to which access by the public is restricted. (5) Protected expressive activity means noncommercial speech or conduct protected by the first amendment to the constitution of the United States, including: (a) Communicating by any lawful verbal, written, audio-visual, or electronic means; (b) Participating in peaceful assembly; (c) Protesting and counter-protesting; (d) Making speeches, including speeches of guest speakers; (e) Distributing literature; (f) Carrying signs; (g) Circulating petitions; and (h) Distributing pamphlets and other literature. (6) Public institution of higher education means a state institution of higher education or a community college organized pursuant to chapter 21, title 33 , Idaho Code. (7) Student means any person who is enrolled on a full-time or part-time basis in a public institution of higher education. (8) Student organization means an officially recognized group at a public institution of higher education or a group seeking official recognition, comprised of admitted students that receive, or are seeking to receive, benefits through the institution of higher education as defined in this section. History: [33-6803, added 2025, ch. 194, sec. 1, p. 892.]
33-6804
TITLE 33 EDUCATION CHAPTER 68 PROTECTING CAMPUS FREE SPEECH IN HIGHER EDUCATION ACT 33-6804. outdoor areas. Public institutions of higher education shall not create free speech zones or other designated outdoor areas of campus outside of which non-commercial, protected expressive activities are prohibited. Public institutions of higher education may maintain and enforce reasonable time, place, and manner restrictions applicable to the outdoor areas of campus that are narrowly tailored in service of a significant institutional interest only when such restrictions employ content-neutral and viewpoint-neutral criteria and provide for ample alternative means of expression. Any such restrictions shall allow for students and student organizations to spontaneously and contemporaneously assemble and distribute literature. Nothing in this section may be interpreted as limiting the right of non-commercial student expression elsewhere on campus. Nothing in this chapter may be interpreted as applying to employee relations matters or claims related to employment discrimination or harassment in employment. History: [33-6804, added 2025, ch. 194, sec. 1, p. 893.]
33-6805
TITLE 33 EDUCATION CHAPTER 68 PROTECTING CAMPUS FREE SPEECH IN HIGHER EDUCATION ACT 33-6805. free expressive activity — Security fees — harassment policy required. (1) Except as otherwise permitted by the first amendment to the United States constitution, and by section 9, article I of the constitution of the state of Idaho, no public institution of higher education shall abridge the protected expressive activity of any member of the campus community to speak on campus. (2) No public institution of higher education shall charge security fees to a student or a student organization based on the content of the student’s or organization’s expression, the content of the expression of the student’s or organization’s invited guest, or the anticipated reaction to an invited guest’s expression. (3) All public institutions of higher education shall maintain a policy prohibiting student-on-student harassment, as defined in section 33-6803 (2), Idaho Code. History: [33-6805, added 2025, ch. 194, sec. 1, p. 893.]
33-6806
TITLE 33 EDUCATION CHAPTER 68 PROTECTING CAMPUS FREE SPEECH IN HIGHER EDUCATION ACT 33-6806. free speech education for members of the campus community. Public institutions of higher education are required to make public in their handbooks, on their websites, and through their orientation programs for students the laws, policies, and expectations of students regarding free expression on campus consistent with this chapter. History: [33-6806, added 2025, ch. 194, sec. 1, p. 893.]
33-6807
TITLE 33 EDUCATION CHAPTER 68 PROTECTING CAMPUS FREE SPEECH IN HIGHER EDUCATION ACT 33-6807. reports. (1) No later than December 1, 2025, each public institution of higher education must publicly post on its website, as well as submit to the governor and the legislative services office a report regarding the institution’s policies for implementing the requirements of this chapter. A supplemental report shall also be given in the instance of any changes or updates to such policies. (2) If a claim or complaint is filed against a public institution of higher education alleging an unlawful unconditional limitation on the protected activities set forth in this chapter, a supplementary report with a copy of the claim, complaint, or any amended complaint shall be submitted to the state board of education within thirty (30) days of the filing of the claim, complaint, or amended complaint. No later than January 14 each year, the state board of education shall create a report compiling non-privileged information subject to and lawful for public disclosure pursuant to this section and submit the report to the governor and the legislative services office for access by members of the legislature. (3) Nothing in this chapter shall be interpreted as requiring the institution to include any information from a student’s education record that would be prohibited from public disclosure by the family educational rights and privacy act or any employee’s personnel information that is prohibited from public disclosure by section 74-106 (1), Idaho Code. History: [33-6807, added 2025, ch. 194, sec. 1, p. 894.]
33-6808
TITLE 33 EDUCATION CHAPTER 68 PROTECTING CAMPUS FREE SPEECH IN HIGHER EDUCATION ACT 33-6808. remedies. (1) Subject to all provisions and limitations contained in the Idaho tort claims act, chapter 9, title 6 , Idaho Code, any student or student organization may bring an action against a public institution of higher education and any of its employees, acting in their official capacities, for a violation of the student’s or student organization’s rights under this chapter. (2) If a court in an action under this section finds that a public institution of higher education has violated the rights of a student or student organization under this chapter, the court may award: (a) Injunctive relief; (b) Compensatory damages not to exceed twenty-five thousand dollars ($25,000); (c) Nominal damages; (d) Reasonable court costs; and (e) Attorney’s fees. History: [33-6808, added 2025, ch. 194, sec. 1, p. 894.]
33-6809
TITLE 33 EDUCATION CHAPTER 68 PROTECTING CAMPUS FREE SPEECH IN HIGHER EDUCATION ACT 33-6809. Limitations and Exclusions. The provisions of this chapter shall not: (1) Prevent a public institution of higher education from prohibiting, limiting, or restricting commercial activity or commercial speech; (2) Prevent a public institution of higher education from prohibiting, limiting, or restricting expression that is not protected by the first amendment to the constitution of the United States, including true threats or expression directed to provoke imminent lawless action and likely to produce imminent lawless action; (3) Prevent a public institution of higher education from prohibiting harassment as defined in section 33-6803 (2), Idaho Code; or (4) Allow an individual to engage in conduct that materially and substantially disrupts the protected expressive activity of another individual occurring in a space on campus reserved for the other individual’s protected expressive activity under the exclusive use or control of a particular group or student organization. History: [33-6809, added 2025, ch. 194, sec. 1, p. 894.]
33-6810
TITLE 33 EDUCATION CHAPTER 68 PROTECTING CAMPUS FREE SPEECH IN HIGHER EDUCATION ACT 33-6810. statute of limitations. A student or organization is required to bring suit for a violation of this chapter no later than one (1) year after the day the cause of action accrues. For purposes of calculating the one (1) year limitation period, each day that the violation persists and each day that a policy in violation of this section remains in effect constitutes a new day that the cause of action has accrued. History: [33-6810, added 2025, ch. 194, sec. 1, p. 895.]
33-6811
TITLE 33 EDUCATION CHAPTER 68 PROTECTING CAMPUS FREE SPEECH IN HIGHER EDUCATION ACT 33-6811. severability. The provisions of this chapter are hereby declared to be severable, and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter. History: [33-6811, added 2025, ch. 194, sec. 1, p. 895.]