2021 - HB 195 - Prohibiting Targeted Residential Picketing

The ACLU of Idaho opposes HB 195, as it would criminalize Idahoans for exercising their First Amendment rights and it runs contrary to Idaho's ideals of freedom and public engagement. 

The ACLU of Idaho has had to repeatedly challenge restrictions on free speech and assembly passed by the state legislature--costly litigation that has resulted in multiple laws being struck down as unconstitutional. The language in HB 195 is also written far too broadly, going significantly beyond the very few restrictions on picketing which may be constitutional. Federal appeals courts have struck down residential picketing bans even more narrow than this one as constitutional.

The Idaho Constitution too, upholds Idahoans rights to assemble peacefully and to instruct their representatives. Especially during a pandemic, when even our elected officials should be staying home to promote public health, preventing Idaho residents from demonstrating peacefully to their public officials when they are home runs contrary to the foundational ideals of our Idaho Constitution and constitutional law. 

Lastly, we are in a global pandemic and Idaho's criminal legal system is already in a state of crisis. Now is not the time for Idaho legislature to be adding more crimes to the Idaho code