Idaho Lawmakers Unveil Legislation To Crack Down on Malicious Lies

Idaho lawmakers are considering a bill that would make knowingly spreading lies about others a felony offense, with penalties including prison time and hefty fines.

Key Takeaways

House Speaker Mike Moyle introduced legislation to make knowingly lying about another person with “actual malice” a felony in Idaho.
Penalties could include up to $100,000 in fines, five years imprisonment, or both.
The bill would allow prosecution of false statements about state elected officials or employees.
While the bill received a unanimous committee introduction, concerns about First Amendment issues and prison overcrowding were raised.
Current Idaho law defines libel as “malicious defamation” with significantly lighter penalties.

Idaho’s Proposed Anti-Lying Legislation

An Idaho lawmaker has introduced legislation that would elevate knowingly lying about another person from a misdemeanor to a felony offense. House Speaker Mike Moyle’s bill specifically targets false statements made “with actual malice” that are published or otherwise disseminated to the public. The House State Affairs Committee unanimously introduced the bill, though at least one member expressed concerns about potential constitutional issues and practical enforcement challenges. The proposal represents a significant escalation from Idaho’s current libel laws, which carry much lighter penalties.

During committee discussions, Moyle compared the prohibited speech to falsely yelling “fire” in a crowded room – a classic example of speech not protected by the First Amendment. The bill specifically addresses situations where false statements cause harm to individuals, particularly public officials. If passed, the law would allow the attorney general or county prosecuting attorneys to pursue cases where false statements concern a state elected official or employee’s official conduct, potentially creating a mechanism for government officials to pursue legal action against critics.

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

— KTVB.COM (@KTVB) February 24, 2025

Serious Penalties Proposed

The consequences outlined in the bill are serious, reflecting the lawmakers’ effort to create a deterrent against malicious falsehoods. Those convicted under the proposed law could face up to five years in prison, fines reaching $100,000, or both. Additionally, individuals found guilty would be required to provide restitution to victims for specific costs incurred due to the false statements. These penalties represent a dramatic increase from current Idaho statutes, which define libel as “malicious defamation” punishable by up to a $5,000 fine or six months in county jail.

Constitutional and Practical Concerns

While the committee allowed the bill to move forward, Representative Bruce Skaug voiced significant reservations about the proposal. He questioned whether the legislation might run afoul of First Amendment protections, a critical consideration for any law restricting speech. Skaug also raised practical concerns about enforcement, noting that making every liar a felon could potentially overwhelm Idaho’s already strained correctional system. “My concern is that if you make every liar a felon, then we’re going to be in a lot of trouble, not enough room in our jails,” Skaug remarked.

Broader Implications for Free Speech

The Idaho proposal enters complex legal territory regarding protected speech and defamation. The U.S. Supreme Court has historically set high bars for restricting speech, especially concerning public figures. The bill’s focus on statements made with “actual malice” appears to reference the standard established in New York Times v. Sullivan, which requires proof that false statements were made with knowledge of their falsity or with reckless disregard for the truth. However, criminalizing such speech with felony penalties goes significantly beyond traditional civil remedies for defamation, raising questions about potential effects on legitimate criticism and political discourse.