Idaho’s four-year schools say they have received no complaints under a newly passed campus free speech law.

The law, which went into effect on July 1, requires the schools to report any free speech complaints to the State Board of Education within 30 days.

The four schools report the complaints — or lack thereof — in written statements outlining the steps they have taken to comply with the law. A co-sponsor of the law hopes it is a sign that no additional free speech complaints will surface in the future.

“I’m certainly glad to hear there have been no reports,” Rep. Barbara Ehardt, R-Idaho Falls, said in an interview Monday. “I am incredibly optimistic that things will run much more smoothly.”

Rep. Barbara Ehardt, R-Idaho Falls

Passed nearly on party lines in March, House Bill 240 essentially permits free speech activities in all campus outdoor areas. The law prohibits “free speech zones” — designated but limited open areas for free speech activities, a concept that received criticism from across the political spectrum, from groups ranging from the American Civil Liberties Union to the Alliance Defending Freedom.

The law also prohibits schools from charging event security fees “based on the content of the student’s or organization’s expression … or the anticipated reaction to an invited guest’s expression.”

The law also allows students or student groups to bring a tort claim against a college or university, and seek compensatory damages of up to $25,000.

“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,” the law reads, in part.

In their responses, each four-year school describes free expression and academic freedom as central to their mission. The University of Idaho, for example, says it “does not seek to restrict the expression of free speech, but to enable it as a core mission.”

The U of I agreed to a $90,000 settlement in 2022 to a Christian students’ group that filed a free speech lawsuit against the university.

The reports largely focus on the mechanics of the new law.

Boise State University, for example, says outdoor activities are generally permitted without a reservation. But the university says it may restrict activities to preserve access to facilities, ensure safety or “avoid substantial disruption of university operations.”

The law allows the schools to impose “reasonable time, place, and manner restrictions” on events.

The universities also say they are complying with the limitations on security fees. For example, Idaho State University says its fees are based on “objective and credible evidence related to specific risks,” while the U of I says it partners with the Moscow Police Department when extra security is needed at an event.

While the free speech law is new, the campus rules aren’t necessarily new. In its report, Lewis-Clark State College says it is using existing academic freedom and use of campus spaces policies as its framework for compliance. Both policies were approved in 1984, and LC State says it has made no recent changes to either of them.

Kevin Richert

Kevin Richert

Senior reporter and blogger Kevin Richert specializes in education politics and education policy. He has more than 35 years of experience in Idaho journalism. He is a frequent guest on "Idaho Reports" on Idaho Public Television and "Idaho Matters" on Boise State Public Radio. He can be reached at krichert@idahoednews.org

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