Idaho § 33-6802 LEGISLATIVE FINDINGS

Idaho Statutes

§ 33-6802 — LEGISLATIVE FINDINGS

Idaho § 33-6802

Title 33EDUCATION

Ch. 68PROTECTING CAMPUS FREE SPEECH IN HIGHER EDUCATION ACT

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Bluebook

Idaho Code § 33-6802 (2026).

Text

The legislature finds that:

(1)The first amendment to the United States constitution and the constitution of the state of Idaho protect the rights of freedom of speech, freedom of the press, freedom of religion, freedom of association, and freedom to petition the government for all people;

(2)The United States Supreme Court, in Healy v. James, described public universities as "peculiarly the marketplace of ideas," where young adults learn to exercise the constitutional rights necessary to participate in this system of government and to tolerate others’ exercise of the same rights, and there is "no room for the view that… first amendment protections should apply with less force on college campuses than in the community at large";

(3)The exercise of first amendment rights on the campuses

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The legislature finds that:
(1) The first amendment to the United States constitution and the constitution of the state of Idaho protect the rights of freedom of speech, freedom of the press, freedom of religion, freedom of association, and freedom to petition the government for all people;
(2) The United States Supreme Court, in Healy v. James, described public universities as "peculiarly the marketplace of ideas," where young adults learn to exercise the constitutional rights necessary to participate in this system of government and to tolerate others’ exercise of the same rights, and there is "no room for the view that… first amendment protections should apply with less force on college campuses than in the community at large";
(3) The exercise of first amendment rights on the campuses of public institutions of higher education in this state is a critical component of the education experience for students and requires that each public institution of higher education ensures free, robust, and uninhibited debate and deliberations by students whether on or off campus;
(4) The United States Supreme Court warned in Sweezy v. New Hampshire that if public universities stifle student speech and prevent the open exchange of ideas on campus, "our civilization will stagnate and die"; and
(5) A significant amount of taxpayer dollars is appropriated to public institutions of higher education each year and, as such, the legislature must ensure that all public institutions of higher education receiving state funds continue to recognize freedom of speech as a fundamental right for all.