Idaho Lawmakers Consider Bill Targeting Malicious Lies

Idaho may soon introduce stringent penalties for deliberately spreading falsehoods, but could this spark a broader constitutional debate?

Key Takeaways

House Speaker Mike Moyle proposes making intentional lies with “actual malice” in Idaho a felony.
The bill suggests severe penalties, including up to $100,000 fines or five years in prison.
Statements targeting state officials’ conduct could lead to prosecution by state attorneys.
Concerns arise over First Amendment implications and potential prison overcrowding.

Proposal Introduction and Objectives

Idaho House Speaker Mike Moyle recently introduced a legislative proposal to elevate the consequences of knowingly spreading falsehoods to the level of felony crimes. The bill aims to tackle the issue of intentionally malicious falsehoods by imposing heavy sanctions. Moyle argues that it is critical to penalize false statements made “with actual malice,” in a bid to protect individuals and officials from defamation. If passed, the bill will criminalize the publishing of knowingly false information.

Under the bill, offenders could face stringent penalties such as fines reaching up to $100,000, imprisonment for up to five years, or both. Additionally, individuals who are convicted would bear restitution responsibilities for any specific costs that the victim incurred due to the false accusations. The legislative effort seeks a balance between safeguarding free speech rights and addressing instances where such liberties are exploited to harm others.

Bill introduced to create felony crime for malicious lies https://t.co/ubVzAafGIs

— KTVB.COM (@KTVB) February 24, 2025

Legal and Practical Implications

The proposed legislation grants Idaho’s attorney general or county prosecutors the authority to charge individuals if the false statement targets a state elected official’s conduct. The legal move reaffirms Moyle’s stance, equating the spreading of lies to scenarios like falsely yelling “fire” in a crowded theater, an act already considered illegal due to its potential for harm. However, the legal discourse extends beyond practical enforcement to touching on constitutional matters, particularly concerning the First Amendment.

Representative Bruce Skaug, voiced concerns over the proposal’s broader consequences, including the challenge of incarcerating all individuals convicted under the law, which could exacerbate the existing problem of prison overcrowding. He also suggested potential First Amendment issues should be analyzed. The debate highlights the complexity of defining and penalizing speech without infringing on constitutionally protected rights.

Current Law and Committee Support

Idaho’s current libel laws already define malicious defamation as a misdemeanor, punishable by fines and jail time. Moyle’s bill escalates these to felony charges, supported unanimously by the House State Affairs Committee. The initiative signals a stern approach to combatting falsehoods, particularly to protect public officials from damaging lies that could mislead the public and compromise governance.

Concerns persist regarding the bill’s implications on free expression and its possible repercussions for Idaho’s penal system. While Moyle’s efforts reflect a proactive stance on combating disinformation, they also challenge the fine line of protecting individual rights versus upholding public truth.