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RS 32082 introduced to expand campus free-speech protections; sponsor adds 30-day cure requirement at universities' request
Summary
Representative Ehart introduced RS 32082 to limit speech zones and related restrictions at public universities and to prohibit disciplinary action for lawful student expression. Sponsor agreed to add a 30‑day notice-and-cure requirement for institutions at the request of Boise State; committee voted to introduce the RS.
Representative Ehart (District 33) presented RS 32082 as a campus free-speech measure that would prevent universities from imposing speech zones and from requiring advance permission for expression in publicly accessible outdoor areas. "This legislation makes very clear that... the First Amendment protection should not apply with less force on college campuses than in the community at large," Ehart said, referencing Healy v. James and other First Amendment precedent.
The draft prohibits colleges from disciplining students for lawful expression and from discriminating against student groups because of religious, political, philosophical or other beliefs tied to group membership requirements. Ehart said the language was intended to align campus policy with constitutional protections and cited litigation history in Idaho where students and a professor were disciplined and later prevailed in court.
At Boise State's request, the sponsor proposed a drafting change to add a prior written notice requirement: before pursuing relief, a claimant must provide written notice to the public institution of higher education and give the institution 30 days to cure the alleged violation; only if the institution fails to cure may the claimant bring an action. Ehart told the committee the change was meant to provide universities an opportunity to resolve complaints administratively.
Representative Marmon moved to introduce RS 32082 with the sponsor's amendment; the motion carried by voice vote. Several members asked to reserve more technical questions for a full hearing where campus administrators and legal experts will testify.
