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 establishes a new chapter in Title 33 of the Idaho Code, which includes provisions for defining terms related to expressive activities, prohibiting the creation of free speech zones, and ensuring that public institutions do not charge security fees based on the content of speech. The bill mandates that institutions maintain policies against harassment, provide education on free speech rights, and submit reports on their compliance with these requirements.
Additionally, the bill outlines remedies for students or student organizations whose rights are violated, allowing them to seek injunctive relief and damages in court. It specifies limitations on the provisions, clarifying that they do not apply to commercial speech or expressions that are not protected by the First Amendment. The act also includes a statute of limitations for bringing claims and a severability clause to ensure that if any part of the law is found invalid, the remaining provisions will still stand. The act is set to take effect on July 1, 2025, following the declaration of an emergency.