Idaho’s No Public Funds for Abortion Act does not prohibit professors from speaking about abortions, according to an opinion by Attorney General Raúl Labrador.
The 2021 statute prohibits public funds from being used to “promote” or “counsel in favor of abortions.’
Labrador’s opinion says the act “does not prohibit university employees from speaking on abortion in their academic teaching or scholarship” even if that speech is in support of abortion or abortion rights. He wrote it in September in response to a Rep. Judy Boyle asking for clarification.
The memo cites professors’ constitutional freedom of speech but notes that it applies only to speech from public employees conducted within an academic context.
For example, a professor might violate the act if she counsels a student to get an abortion during office hours. But it wouldn’t be against the law if she favorably discussed abortion in class.
The plain language statute has caused confusion at public institutions since it went into effect last year. In fall of 2022, the University of Idaho cited the law in a letter warning its employees they could face termination if they did not remain neutral while speaking about abortion.
It was also cited by the Lewis-Clark State College in its decision to remove some artwork from an exhibit last spring because they referenced abortions.
In August, six professors and two faculty unions brought a lawsuit against Idaho saying the Act was too vague to interpret and violated their First Amendment rights. Labrador filed a motion to dismiss the suit on Thursday.
Violators could face misdemeanor or felony charges, and penalties of up to 14 years in prison.
Read the full opinion here:
