The provisions of this chapter shall not:

1. (1) Prevent a public institution of higher education from prohibiting, limiting, or restricting commercial activity or commercial speech;
2. (2) Prevent a public institution of higher education from prohibiting, limiting, or restricting expression that is not protected by the first amendment to the constitution of the United States, including true threats or expression directed to provoke imminent lawless action and likely to produce imminent lawless action;
3. (3) Prevent a public institution of higher education from prohibiting harassment as defined in section 33-6803(2), Idaho Code; or
4. (4) Allow an individual to engage in conduct that materially and substantially disrupts the protected expressive activity of another individual occurring in a space on campus reserved for the other individual’s protected expressive activity under the exclusive use or control of a particular group or student organization.

[33-6809, added 2025, ch. 194, sec. 1, p. 894.]