Legislature Evaluates Extremism, Terrorism and Private Militia

Senate Balances Constitutional Rights with Potential State Threats

The Idaho Senate has recently passed Senate Bill 1220, aiming to redefine "domestic terrorism" in the state as activities solely associated with foreign groups. The bill, sponsored by Senate Majority Leader Kelly Anthon, passed with a vote of 27-8. Anthon asserted that the legislation is designed to protect free speech and ensure proper legal processes are followed before labeling someone a domestic terrorist in Idaho. Critics are concerned it rolls back important public safety laws developed after Idaho’s brush with the Aryan Nations.

Anthon emphasized the importance of safeguarding citizens' constitutional rights, citing instances where individuals, particularly parents protesting school board policies during the COVID-19 pandemic, faced suspicion from the government.

The bill would amend the existing "Idaho Terrorist Control Act," implemented in 1987 following an incident involving Aryan Nations members.

The proposed changes include a definition of "domestic terrorism" tied to activities coordinated with foreign terrorist organizations. Additionally, the bill adjusts Idaho's definition of "terrorism" to incorporate a similar requirement of collaboration with foreign entities.

While supporters, including Senators Tammy Nichols and Phil Hart, believe the bill is timely and necessary to prevent wrongful labeling, opponents express concerns about linking domestic terrorism to foreign entities. Others questioned the necessity of such legislation, emphasizing that individuals like the Unabomber, Ted Kaczynski or Oklahoma City bomber, Timothy McVeigh did not have connections to foreign governments.

Senator Daniel Foreman, although acknowledging the bill's good intent, argued that existing laws adequately address criminal acts. Despite opposition, the bill received recommendations for passage from Republican lawmakers and moved to the Senate floor.

In a related development, another bill introduced by Sen. Foreman seeks to repeal Idaho's ban on private militias. The current law prohibits groups of individuals from organizing as private militias, but Foreman contends that it infringes on constitutional rights. The proposed repeal faces concerns from critics who worry about potential threats to public safety and conflicts with the First and Second Amendments.

The passing of these bills raises debates about the balance between protecting constitutional rights and addressing potential security threats within the state. Civil rights organizations argue that the proposed changes to domestic terrorism definitions may weaken laws aimed at combating organized violence and extremist groups. As these bills progress through the legislative process, Idahoans remain engaged in discussions about the implications for free speech, due process, and public safety.