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Enacted Campus Free Speech Statutes – Idaho

A state seal above the words "State of Idaho" in gold letters on a red and gold band on a blue field. The seal depicts a miner and a woman representing equality, liberty and justice.

In 2025, Idaho enacted , now Chapter 68 of Title 33 of the .

H 240 Summary

H 240 is a campus free speech bill that prohibits public institutions of higher education from quarantining expressive activities in the open outdoor areas of campus to misleadingly labeled “free speech zones”; adopts the United States Supreme Court definition of harassment; and protects students from content or viewpoint discriminatory security fees.

Key Provisions

  • Prohibits public institutions from quarantining speech with “free speech zones”;
  • Defines student-on-student harassment consistent with the United States Supreme Court standard in Davis v. Monroe County Board of Education;
  • Requires that public institutions adopt content-neutral criteria for assessing security fees for speakers invited by students and student groups;
  • Orders public institutions to make their free expression policies available in student handbooks, on their websites, and through their orientation programs;
  • Mandates public institutions provide the governor and the legislative services office with a public report regarding their policies for complying with this law, and requires that they submit a supplementary report when they update these policies;
  • Provides a cause of action for students and student organizations if rights provided by the bill are violated by a public institution or any of its employees acting in their official capacity.
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