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H 178

EDUCATION – Adds to existing law to establish provisions for the protection of certain speech on college campuses.

68th Legislature, 1st Regular Session (2025)

House Bill 178 protects free speech for students and faculty at Idaho's public colleges, ensuring expressive activities are allowed without restrictions or fees.

Reported Printed and Referred to Education
#acts #collegesanduniversities #education #speech #students #teachingandteachers
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Bill Summary · H 178

Summary of House Bill 178: Protecting Campus Free Speech in Higher Education Act

Bill Number: H 178
Introduced: February 10, 2025
Status: Reported Printed and Referred to Education
Classification: Bill
Subject Areas: Education, Speech, Colleges and Universities, Students, Teaching and Teachers

Purpose and Intent

House Bill 178 aims to enhance and protect the First Amendment rights of students and faculty at public institutions of higher education in Idaho. The bill establishes clear provisions regarding free speech and expressive activities on college campuses, ensuring that these institutions uphold the constitutional rights of their communities.

Key Provisions

The bill introduces a new chapter (Chapter 68) to Title 33 of the Idaho Code, which includes the following significant provisions:

  1. Definitions of Key Terms:

    • Protected Expressive Activity: Includes various forms of speech and assembly, such as protests, speeches, and distribution of literature.
    • Harassment: Defined as expression that is unwelcome and severely offensive, denying equal access to educational opportunities.

  2. Free Speech Protections:

    • Public institutions cannot restrict free speech based on content or anticipated reactions.
    • Institutions are prohibited from creating designated "free speech zones" and must allow expressive activities in outdoor areas of campus.

  3. Policies and Reporting:

    • Institutions must publicly disclose their policies regarding free expression and provide education on these policies to students.
    • A requirement for annual reporting to the Governor and the legislature on any claims or complaints related to free speech.

  4. Remedies for Violations:

    • The bill allows for injunctive relief, compensatory damages, and coverage of reasonable court costs and attorney fees for individuals whose rights are violated.

  5. Security Fees:

    • Institutions cannot charge security fees based on the content of speech or the anticipated reactions to it.

  6. Educational Requirements:

    • Institutions must include information about free speech laws and policies in student handbooks and orientation programs.

Affected Parties

This legislation primarily affects:
- Students enrolled in public institutions of higher education in Idaho, ensuring their rights to free expression are protected.
- Faculty and staff at these institutions, who will also benefit from clearer guidelines regarding free speech.
- Public institutions of higher education in Idaho, which will need to adapt their policies and practices to comply with the new law.

Procedural Aspects

  • The bill was introduced and referred to the Education Committee on February 10, 2025.
  • It is expected that institutions will need to implement changes and report on compliance by December 1, 2025.

Fiscal Impact

According to the fiscal note, this legislation is not expected to cause any increase or decrease in revenue or additional expenditures at the state or local level, indicating a neutral fiscal impact.

This summary provides an overview of House Bill 178, highlighting its purpose, key provisions, and the implications for students and educational institutions in Idaho.

Compiled from official sources — confirm details with the bill’s official record.

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