The "Protecting Campus Free Speech in Higher Education Act" is a new chapter added to Title 33 of the Idaho Code, aimed at safeguarding the rights of free expression on public college and university campuses. The act emphasizes the importance of the First Amendment and mandates that public institutions of higher education must not create designated free speech zones that limit non-commercial expressive activities. It establishes definitions for key terms such as "harassment," "protected expressive activity," and "materially and substantially disrupts," while also outlining the responsibilities of institutions to maintain policies that prohibit harassment and to provide education on free speech rights.
Additionally, the act prohibits public institutions from charging security fees based on the content of expression and requires them to report on their compliance with the law by December 1, 2025. It allows students or student organizations to take legal action against institutions for violations of their rights under this chapter, with potential remedies including compensatory damages and attorney's fees. The act also includes provisions for limitations and exclusions, ensuring that institutions can still regulate commercial speech and prevent harassment. The law is set to take effect on July 1, 2025, following the declaration of an emergency.