BOISE, Idaho (Legal Newsline) — University professors and unions are alleging Idaho's "criminal prohibition" on speech made by public employees expressing favorable views on abortion is unconstitutional.
The Idaho Federation of Teachers, University of Idaho Faculty Federation, Local 3215 of The American Federation of Teachers and others filed a complaint Aug. 8 in the U.S. District Court for the District of Idaho against Raul Labrador in his official capacity as attorney general of the State of Idaho and others alleging First Amendment Rights violations and other claims.
According to their complaint, the plaintiffs are university professors and union members who "teach about abortion across a diverse array of disciplines." They claim Idaho's No Public Funds for Abortion Act passed in May of 2021 imposes a "straightjacket upon intellectual leaders" and hinders an open and robust exchange of ideas on social, legal and political subjects.
They further claim Idaho's law has "stifled free and open academic inquiry" regarding abortion in the state's public universities and subjects their members to hard criminal penalties including prison time of up to 14 years.
The plaintiffs also claim Idaho's law violates the Fourteenth Amendment, which prohibits vague laws, and is unclear on permissible speech and speech that "promotes" or "favors" abortion. The plaintiffs allege that due to the law's restrictions, they have had to make significant changes to their course content and leave out important information to help students gain a comprehensive understanding on abortion.
The plaintiffs seek monetary relief, interest and all other just relief. They are represented by Samir Deger-Sen, Peter Trombly, Margaret Babad and Emily True of Lathan & Watkins LLP in New York City and others.
U.S. District Court for the District of Idaho case number 1:23-CV-00353-DCN