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Committee advances H 240 to restrict campus free-speech zones and content-based security fees
Summary
Senate State Affairs advanced H 240 to prohibit outdoor free-speech zones and content-based security fees at public universities; the bill draws on new statutory definitions and includes a private cause of action with compensatory damages up to $25,000, a provision that drew concern from one senator.
Representative Ehardt introduced H 240, a bill to expand protections for certain speech on public college campuses. Zach Pruitt of Alliance Defending Freedom outlined the bill’s four elements to the committee: definitions (Idaho Code §33-6803) informed by recent court decisions; a prohibition on universities designating outdoor "free-speech zones" (§33-6804); a ban on charging security fees based on the content of student speech (§33-6805); and an exclusion for commercial speech.
Edward Clark, policy assistant at the Idaho Family Policy Center, testified in support and urged statutory protection of student expression. Committee discussion focused on enforcement and remedies. Senator Ruchti questioned the provision permitting compensatory damages of up to $25,000 as a private cause of action, expressing concern about the scope of private lawsuits and potential fiscal or legal effects.
Senator Anthon moved and Senator Toews seconded to send H 240 to the Senate floor with a do-pass recommendation; the motion carried by voice vote, and Senator Ruchti was recorded as voting nay. The committee record indicates the bill was advanced but the transcript does not show committee debate resolving Ruchti’s concern about the damages provision.
The bill’s statutory references and the private-right-of-action provision will be part of the record as the bill proceeds to the floor, where further amendment or clarification can occur.
