The proposed bill, titled the "Protecting Campus Free Speech in Higher Education Act," aims to enhance and protect free speech rights on public college and university campuses in Idaho. It introduces a new chapter to Title 33 of the Idaho Code, establishing provisions that ensure students can engage in protected expressive activities in outdoor areas of campuses without restrictions that limit their rights. The bill prohibits the creation of free speech zones and mandates that any time, place, and manner restrictions must be content-neutral and viewpoint-neutral. Additionally, it prohibits public institutions from charging security fees based on the content of expression and requires them to maintain policies against student-on-student harassment.
The legislation also outlines requirements for public institutions regarding free speech education, reporting on compliance with the act, and remedies for violations. Students or student organizations can bring actions against institutions for violations of their rights, with potential remedies including injunctive relief and compensatory damages. The bill includes a statute of limitations of one year for bringing such actions and emphasizes that its provisions do not apply to commercial speech or expressions not protected by the First Amendment. The act is set to take effect on July 1, 2025, following the declaration of an emergency.