Committee prints campus free-speech bill limiting speech zones and requiring notice-before-litigation

Representative Ehart presented RS 32082, a proposal to strengthen First Amendment protections on public university campuses by eliminating speech zones, limiting time/place restrictions in publicly accessible outdoor areas, and prohibiting colleges from requiring advanced permission for student expression in those spaces. "You don't check your constitutional amendments on college campuses," Ehart said, summarizing the bill's intent to ensure campus speech receives the same protection as in the community at large.

Ehart told the committee the RS would bar disciplinary action for lawful expression and stop universities from discriminating against student groups on the basis of religious, political or philosophical beliefs when membership or leadership is restricted by shared beliefs. She said the bill has been revised at Boise State University's request to add a procedural remedy: before pursuing relief, a claimant must provide prior written notice to the institution and allow 30 days to cure the alleged violation; if the institution fails to cure within 30 days the claimant may bring action and the 30-day cure period does not count toward statute-of-limitations calculations.

Committee members asked practical questions about the bill's application to businesses on campus and the line between on-campus and off-campus expression; Representative Mathias and others said they wanted more technical detail at a hearing. Representative Marmon moved to introduce the RS with the sponsor's amendment; the motion carried by voice vote and RS 32082 was printed for a formal hearing.