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Committee prints RS 32082 to prohibit campus "speech zones" and require notice-and-cure before litigation
Summary
Representative Ehart introduced RS 32082 to strengthen free‑speech protections on public college campuses, remove speech zones, and add a 30‑day notice‑and‑cure requirement before litigation; the committee voted to introduce the RS with the sponsor’s amendment.
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Representative Ehart presented RS 32082, described as campus free‑speech legislation that would align campus speech protections with First Amendment standards applied in the community at large. The sponsor said the RS would eliminate speech zones and restrictions on where students can speak or distribute literature in publicly accessible outdoor campus areas, prohibit colleges from requiring advance permission for speech in those areas, and protect students and student groups from discipline for lawful expression.
The sponsor said the RS would also prohibit discrimination against student groups based on religious, political or philosophical views when those groups require leaders or members to share beliefs. At the committee’s request and following stakeholder input (including Boise State), the sponsor described an amendment to insert a notice‑and‑cure requirement into the remedies section: before pursuing relief in court, a claimant must provide prior written notice to the public institution and allow the institution 30 days to cure an alleged violation; if the institution fails to cure within 30 days the claimant may bring an action, and the 30‑day cure period would not count toward statute‑of‑limitations calculations.
Committee members asked implementation and scope questions, including how the RS would define "materially and substantially disrupts" and how the law would interact with off‑campus businesses on campus property; the sponsor and others said those questions would be explored more fully at a hearing with campus administrators and legal experts.
Representative Marmon moved to introduce RS 32082 with the sponsor’s amendment; the motion carried. The RS was printed for a full committee hearing where implementation details, definitions of disruption, and remedies will be examined.
