Two Idaho Bills Could Jeapordize Gun Owners’ Free Speech Abilities

Two amendments—the First and Second Amendments—are often considered the most important in American history.

While the Idaho Second Amendment Alliance continues to push for pro-2nd Amendment legislation and prevent anything that jeopardizes gun owners’ right to keep and bear arms, two bills introduced into the Idaho legislature this year are gravely concerning for gun owners’ ability to exercise their First Amendment rights.

House Bill 306 and House Bill 307 were recently introduced in the House State Affairs Committee, and gun owners need to understand what these bills do.

Speaker Mike Moyle (R—Star) and Rep. Brent Crane (R—Nampa) sponsored the bills, which were both introduced in committee on February 21st.

HB 306 will add a new section of code (replacing the old section) regarding “criminal libel,” making it a FELONY and imposing a $100,000 fine and/or up to five years in prison. So, we are going to treat someone who allegedly says something untruthful about another person and say it is the same as violently attacking someone?

The old section called for a $5,000 fine and up to 6 months in jail.

The bill would also allow government officials who have their feelings hurt to have the attorney general’s office do the investigation. So, regular people don’t get to have that type of power at their disposal, but government agents hurt by your words can?

In the world of politics, nearly everything is gray, and nearly everyone accused of something says that whatever is said about them is a “lie.”

For instance, Sen. Jim Guthrie (R – McCammon) is blocking several pieces of pro-2nd Amendment legislation this year. He also came up with a “school carry” bill that had so much gun control in it, the gun grabbing groups came out in support of it.

Now, if I run an ad in Guthrie’s district saying, “Your Senator, Jim Guthrie, is not a fan of the 2nd Amendment because of what he is doing at the capitol,” he is going to accuse us of “lying.” He can then sue me, have me thrown in prison for five years, and fine me $100,000? It’s insane.

HB 306 only requires that I “publish” the information to someone. It could be a Facebook ad or a lit drop in his district. What if I text one person something, and they share it with the person I said it against? Does that count, too?

Guthrie would accuse me of “lying” (which it wouldn’t be) and say that I intended to cause him distress. Well, of course I am. I want him held accountable for his actions, but I’m not going to lie. If you are blocking 2nd Amendment legislation, you aren’t in favor of the 2nd Amendment.

It’s that simple for gun owners. Yes, we should tell the truth when we do our messaging, but this opens the door for an insane amount of lawfare.

This is one of the worst anti-1st Amendment bills I have ever seen. It seems designed to silence individuals or groups from criticizing government officials.

Currently, HB 306 is labeled as “held at desk,” which means the Speaker is keeping the bill from going anywhere, but that is at his discretion.

The bill received a -3 rating from the Idaho Freedom Foundation.

Another bill that gun owners should be aware of is HB 307.

HB 307 would allow candidates during an election to force the Secretary of State to investigate every claim that someone lied about them.

The amount of money the SOS office would spend doing this should kill the bill alone. On top of that, though, is the bill’s pure insanity because everything negative said about any candidate is going to be turned in as a “lie.”

Then, you have to hope and assume that the SOS office is going to treat everyone fairly.

From personal experience from a past SOS administration, I can tell you that not everyone is treated fairly. I’ve been outspoken about the mistreatment of conservatives by a more liberal Republican administration in previous years.

Do we really expect the governor’s race or the attorney general’s race to be treated fairly? Who investigates the SOS races?

Politics is a blood sport.

People have lied and accused me of so many untruths that if I had a dollar for every lie told about me, I’d be a very rich man.

I’m not saying you should lie about your opponents, but if you can’t hack the game, get out.

This bill was also rated a -3 by the IFF and the bill is waiting for a public hearing in the House State Affairs Committee.

Needless to say, the Idaho Second Amendment Alliance is firmly opposed to both pieces of legislation and urges gun owners to contact their lawmakers to oppose these bills.