A coalition of professors from across Idaho have filed a lawsuit in federal court against the state alleging a law prohibiting the use of public funds to promote or counsel in favor of abortion is “sweeping and unclear” and violates their constitutional free speech and due process rights.
It is the fourth lawsuit filed against Idaho for abortion-related laws, with three others challenging the details of the state’s near-total ban on abortion and a so-called “abortion trafficking” bill that restricts adults from taking minors out of state to obtain abortion care. Tuesday’s lawsuit targets the No Public Funds for Abortion Act, which passed in the 2021 session of the Idaho Legislature and prohibited public funds from being used to “procure, counsel in favor, refer to or perform an abortion.” Since public schools are largely funded by the state government, the law applies to faculty and staff at colleges and universities, including the largest schools of Boise State University, the University of Idaho and Idaho State University. Violations of the law include penalties ranging from a misdemeanor to a felony with prison time of up to 14 years, along with termination of employment and restitution of the public funds.
“The NPFAA therefore leaves Idaho’s public university educators with an impossible — and unconstitutional — choice: avoid any speech that could be construed as favorable to abortion in course materials, lectures, class...
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