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OP-Ed: Does House Bill 306 Make Free Speech a Felony?

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Mike Moyle’s Libel Law: Just in Time for His Campaign?

By Rebecca Smith, MVLA Contributor, February 25, 2025


Those who have read my previous columns will notice that I strive, painfully at times, to not let my biases show. To give my readers a fair, simple explanation so that they can make up their own minds about whether a bill has merit or not. But occasionally, I am confronted by a bill that insults the very core of our fundamental rights that I take a different path.

Idaho House Speaker Mike Moyle has introduced House Bill 306, which would make “malicious lies” a felony, punishable by up to five years in prison and a $100,000 fine. The bill also gives state prosecutors the power to go after false statements about public officials—a convenient safeguard for Moyle, given rumors of his gubernatorial ambitions.
If this law passes, Idaho campaign yard signs might soon read: “Moyle for Governor: Say Something Bad About Me, Go to Jail.”

A Law to Suppress Criticism?
Moyle says the bill is about truth in politics, but critics argue it’s really about protecting politicians from scrutiny. The definition of a “malicious lie” is murky at best. If a rival candidate says, “Moyle’s policies are bad for Idaho,” will a state-run truth committee decide whether that’s a felony or just political debate?
And what about social media? If someone tweets, “Moyle hates puppies,” do they face hard time unless they provide photographic evidence of him petting a Labrador?


A Preemptive Strike on Political Opponents?
With a potential governor’s race on the horizon, this bill could create a chilling effect on criticism. Imagine his opponents navigating this legal minefield:
 Opponent: “Moyle’s policies have hurt Idahoans!”
 Moyle’s Team: “Defamation! We’re pressing charges.”
 Opponent: “Moyle’s policies… exist?”
 Moyle’s Team: “That’s more like it.”


If passed, would this law create Idaho’s Ministry of Truth:
 The Bureau of Acceptable Speech™ – screening campaign ads for “truth compliance.”
 The Idaho Committee for Satirical Integrity – ensuring comedians don’t “go too far.”
 The Moyle Tribunal of Malicious Intent – where critics must prove they didn’t mean to hurt his reputation.


What’s the Real Plan?
The First Amendment has long protected even false speech, which is why political campaigns don’t require candidates to testify under oath. If every misleading statement became a felony, half of Washington, D.C., would be serving life sentences.
Moyle might say he’s just promoting honesty, but this bill would conveniently silence his opponents. If it passes, Idaho’s elections will sound less like political debates and more like HR-approved press releases — a victory for Moyle, but a loss for free speech, political satire, and an entertaining election season.

Read Comparing House Speaker Mike Moyle’s Tax Reduction Plan with Grocery Tax Repeal by Rebecca Smith

Visit the MVLA War Room to read this bill and take action on other current bills.

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