In the days since Idaho’s attorney general said the “Everyone is Welcome Here” sign cannot be displayed in Idaho schools under a new state law, EdNews has received dozens of questions on social media and via email. Below are answers to the most frequently asked questions. Send your questions to Emma Epperly (emma@idahoednews.org) and we’ll add to this post. 

Q: Do the multicolored letters in the word ‘everyone’ or the skin tone of the hands impact the sign’s suitability under House Bill 41?

The attorney general did not respond to questions on this topic. 

Q: Does cutting a poster into a circular shape skirt the law? 

No, banners include ovals as well. 

From the attorney general’s opinion: “A banner can include something elongated like an oval-shaped paper or something which is larger than usual regardless of its shape. Because the legislature did not identify a minimum size of a “banner,” when considering what is “larger than usual,” a court would consider what is a standard size paper/material in the circumstances. In the public school setting it is reasonable to consider any material larger than a standard piece of paper (8.5’x11”) as ‘long’.”

Q: What about Christmas and other holiday decorations that are often hung in classrooms? 

The law only applies to posters, banners and flags. Items like Christmas trees and Easter baskets would fall outside of the scope of the law. However, holiday decor in the form of a poster or banner would be subject to the law.

Q: What about the “In God We Trust” signs the Legislature allowed to be hung in schools? 

In 2023, the Legislature passed a law that educational institutions must display the national motto “In God We Trust” if the poster or item is donated.

The poster also must have only a black, white gold or silver background or letters and must include the United States flag, state of Idaho flag, or both. 

Rep. Ted Hill, who sponsored HB 41, said that because the motto is “consistent across the land as something we all recognize” it’s a unifying force like the American or Idaho State flags.

However, if a display of the saying were to include a cross, that would be an inappropriate religious display in a school, Hill said.

Q: Do T-shirts and other wearable items need to follow the same rules?

No. The law only applies to banners, posters and flags hung in classrooms. 

The United States Supreme Court ruled in Tinker v. Des Moines Independent Community Schools District in 1969 that prohibiting student protest (in this case wearing black armbands to protest the Vietnam war) is not allowed in school if it does not “materially and substantially interfere” with the operation of the school.

Q: Are murals covered by this law?

No, this law only applies to flags and banners as defined in state law.

Q: Can American flags still be displayed? What about students saying the pledge of allegiance? Yes, the law allows for the display of the American flag and all flags of nations recognized by the United States, except for countries that are foreign adversaries and state sponsors of terrorism.  Currently that includes: Cuba, North Korea, Iran, Syria, China, Russia, and Venezuela.

The pledge of allegiance can still be recited in schools because the law only covers flags and banners. It’s unclear if the words of the “Pledge of Allegiance” on a poster would be allowed.

Q: What carries more weight, the content of a sign or its origin?

The Office of the Attorney General did not respond to questions on this topic. 

The Idaho Department of Education said both are factors that may be considered when evaluating a sign.

“We will refrain from addressing hypotheticals,” Scott Graf, a spokesperson for the department said. “Instead, we will evaluate each actual complaint based on the specific fact set surrounding that situation.”

Q: Can student artwork that would otherwise violate the law be displayed? 

Student artwork can be considered a banner but there is an exception for a “brief curriculum-based educational purpose” which can be used to display artwork, according to the attorney general’s opinion.  

Read the full attorney general’s opinion here. The Idaho Department of Education’s guidance can be found here.