SB 1090 raises serious First Amendment concerns because it punishes association, and will almost certainly stifle protected speech under the guise of protecting “critical infrastructure” such as power lines, gas lines, transportation hubs, etc. This is model legislation that has been introduced across the U.S. with the intent of stifling peaceful environmental protests. While SB 1090 provides for a protection for First Amendment activities, it will only be exercised after someone has been arrested for constitutionally protected protest, association, and free speech activities, unnecessarily involving the criminal justice system. Also, with criminal trespass and malicious injury to property already provided for in Idaho’s criminal code, this bill is unnecessary given that there are already known penalties in Idaho law that could be applied to situations where an individual to intentionally damage private property.


Sen. Don Cheatham (R)





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