2025 Legislative Session: Censorship

K-12 Education

Lawmakers approved three new laws censoring speech in educational settings. One new law bans discussion on “gender ideology” and sexuality in all Idaho K-12 public schools. The sweeping restriction on ill-defined “gender ideology” effectively creates a Florida-style “don’t say gay” law. A separate law passed this session will multiply harm brought by the ban on “gender ideology;” the law defines “human sexuality” in broad terms, ranging from sexual conduct to gender, and requires parents to opt students in for any sexual education.

The vagueness of the laws, coupled with their restrictions, will have predictable outcomes: students will learn less valuable information, teachers may self-censor to avoid violations, and districts may create overly cautious policies that restrict protected speech and infringe on academic freedom.

Higher Education

New censorship laws also took aim at higher education in Idaho. Lawmakers banned diversity, education, and equity (DEI) programs, offices, and activities across public colleges and universities, making it harder for educators and students to deliver and receive a robust education that explores a wide range of perspectives and ideas. The law requires educators adjust curricula and administrators monitor faculty violations, subjecting programs and institutions to investigations, lawsuits, steep fines and other punishments.

Anti-DEI efforts are merely the latest instance of far-right extremist censorship; in recent years state legislators and the federal government have launched campaigns against classroom discussion of race and racism, outlawed trainings and programs aimed to address structural inequality, banned books about LGBTQ+ and BIPOC lives, and more.

Unfortunately, the assault on speech extends beyond classroom content restrictions; Idaho lawmakers approved several anti-protest laws this session. One law weaponizes speech protections by banning any restrictions on expression, while relaxing anti-discrimination and harassment protections, and eliminating any proactive security fee charges for controversial or potentially threatening speakers. The law also imposes new vague restrictions on speech and expression that “substantially disrupts” college activities, including protests and speech.

Vague and broad policy like Idaho’s new on-campus protest law run a high risk of uneven enforcement. For example, protest restrictions in higher ed have fueled unconstitutional censorship of social justice causes ranging from the anti-war and civil rights demonstrations in the 1960s to more recent on-campus protests of police violence and genocide.

Other Speech and Protest Restrictions

In the criminal justice section of this report, we discuss Idaho’s new statewide camping ban. The law is cruel for targeting the unhoused, but it also imposes illegal limitations on peaceful protests like sit-ins and die-ins, and countless other forms of symbolic political speech. Similarly, lawmakers approved a law that restricts political speech near certain infrastructure used for utilities, including pipelines. The law seems to anticipate public outcry that might increase as federal and state governments continue rolling back environmental protections.  

Lawmakers placed new limits on corporate speech through a sweeping ban on social credit scoring, a commonplace practice used by financial institutions that assesses the risk level of lending based on borrowers’ political, environmental, and social policies and possible impacts.  

Our team recognizes the vital role of protest in this political moment; acts of resistance, defiance, and refusal are catalysts of social change. That’s why we proudly celebrate our work protecting the First Amendment this session. We defeated efforts to further protect unofficial militia—including known white supremacist and other hate groups—from the law. Another failed bill threatened to criminalize ordinary protest activities by expanding the type of conduct subject to felony riot charges.  

Protest, political speech, and dissent are essential tools of accountability. And while we cannot know the future, it seems likely speech and dissent will continue to shape the social and political contours of our lives over the next few years.

Our team is keenly attentive to ongoing attempts to erode our right to speak freely—and without government censorship—even about unpopular or controversial policies, ideas, and government actions.