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Posts published in “Idaho”

Voter self-respect

In 1994, voters in Idaho approved, with 59.3% in favor, an initiative to limit the number of terms a person could hold an office in Idaho. The issue was on the ballot again in the next two elections, and Idaho voters renewed their call for term limits each time.

Courts soon threw out the elements related to congressional offices (qualification for those being a federal matter), but despite many legal cases, the voter-set term limits on, among others, state legislators remained on the books.

Until early 2002, when sitting legislators were about to be impacted by it. The Idaho Legislature passed a bill repealing the voters’ term limits decision; it was vetoed by Governor Dirk Kempthorne, but the veto was overridden. Idaho then became the first state legislature (Utah later did likewise) to throw out a popularly-enacted term limits requirement. The politics of this was notable: The move for term limits started with Republican groups pushing for it, and ended with Republican legislators killing it.

This piece of history demonstrates a legal fact: An initiative passed by the people has the same legal status as any law passed by the state legislature, which means the legislature can, if it chooses, alter or kill it. The only practical limitation on the legislature’s willingness to do this would happen if voters are willing to punish - at the polls - legislators who disregard their will. In the case of term limits, no legislators suffered any political ill effects, despite their blatant rejection of their own voters’ intent.

This history is relevant because legislators today already are positioning themselves to kill or eviscerate a current initiative, Proposition 1, if it is passed by voters next month.

There’s no certainty it will pass. The Idaho Republican Party - the party organization, and most of its affiliated groups and top elected officials - is lined up against it, and so are other interests, and that’s no small thing. Idahoans have been buried under warnings about how awful, and how California-based (much the same thing) the measure is.

But a strong organization was formed to get the measure on the ballot - not an easy task under Idaho’s initiative laws - and to keep it there in the face of repeated challenges. If it does pass, that will constitute a direct repudiation of the state’s Republican leadership. If it passes in the same election Donald Trump easily wins Idaho’s electoral votes for president, as he likely will, that will represent a stunning piece of cognitive dissonance.

If you were a legislator in the 90s watching the voters enthusiastically support turnover in the legislature, you might understandably feel some, uh, lack of support from people out there. And there’d be a temptation to reverse their verdict, which is what they did.

So a recent story in the Idaho Capital Sun, outlining how legislators already are thinking of changing or killing the initiative as soon as they get back into session, isn’t surprising.

House Speaker Mike Moyle told the Sun, “If voters pass it and we have what’s happening now where people who signed the initiative say, ‘that’s not what they told me it did,’ if enough people have been misled, then I think that there would be an opportunity there to fix it. But I hope the voters do their research and kill this thing.”

If Moyle’s comments seem to have an air of diffidence, don’t be mistaken. This is better called a semi-subtle statement of intent. The legislation to “fix” Prop 1, should it pass, probably already has been drafted. The next question is what legislators, acting in the (prospective) face of Idaho voters’ opinion, will do about it.

The second question, of course, would be: Will Idaho voters once again show zero self-respect and shrug their shoulders, again, at the flouting of their preferences by their elected officials?

We’ve seen the answers to those questions before. The issue now is whether history will repeat.

 

The Idaho water giveaway candidate

Idaho has a limited water supply, and hanging onto - and carefully using - what it has is among the most pertinent topics for Idaho’s leading public officials, both as a matter of politics and policy. But the details, and breadth, of the threat to Idaho water users are worth bearing in mind.

Governor Brad Little spoke on September 23 about a report developed by the President's Council of Advisors on Science and Technology, which is seeking more information about how the states use their groundwater.

The Council said “in many parts of the country, the quality of groundwater has become so poor that it seriously impacts the health of communities that rely on it. This is especially true for farming and Tribal communities with no other access to potable water. Groundwater is managed locally, with best practices that vary from state to state,  but there is an opportunity to develop and scale approaches to restore clean water in every community.” Which is true, and also a fact that groundwater sources sometimes cross state boundaries (as the Rathdrum Prairie Aquifer does in Idaho).

The Council was speaking only about gathering technical data; no specific changes or expansion of federal activities were proposed.

Little and Lieutenant Governor Scott Bedke said in response that, “Management of water is a state issue. We do not invite or welcome the involvement of the federal government in making decisions about this precious resource."

The point that states should maintain general control over water, which in some ways even is written into federal law, is valid. But while the Council report was described on the governor’s website as a “groundwater grab,” it isn’t. Wariness about federal involvement is appropriate, but specifics matter. Without federal reclamation projects, for example, there would be no Magic Valley.

If control of water is a major concern for Little and Bedke, as it should be, they should have been rocked by comments by not just an advisory council but by the Republican nominee for president.

At a press conference in Rancho Palos Verdes, California, on September 13, Donald Trump said: “You have millions of gallons of water pouring down from the north, with the snow caps and Canada, and all pouring down. And they have, essentially, a very large faucet, and you turn the faucet, and it takes one day to turn, and it’s massive … and you turn that, and all of that water goes aimlessly into the Pacific. And if you turned it back, all of that water would come right down here and right into Los Angeles.”

Translating from Trumpspeak: He is proposing to take the Northwest’s water and send it to California. Okay, this is a fantasy. There is no “faucet” and no water diversion system now exists that would even allow this to happen, and if one were built the project might take decades. Tricia Stadnyk of the University of Calgary, said of Trump’s remarks that, “It’s somebody that doesn’t fully understand how water works and doesn’t understand the intricacies of allocating water not only between two countries but also for the environment.” To say the least.

Still, Trump said that if he is elected, he would do it. It would be Trump Administration policy.

For generations, Idahoans have been concerned about the idea of California reaching up to the Columbia River system and piping its water down to the big-population centers of the southwest, drying large parts of Idaho (and Washington and Oregon too, for that matter). Now a major-party nominee for president is proposing, explicitly, to do exactly that.

This is not just gathering information. This is not a study. This is an actual literal proposed water grab.

And what has been the reaction to that devastating water proposal from Idaho’s public officials?

Crickets.

It’s quite a contrast from the state’s reaction to the Biden Administration study. Wonder why that is?

 

Freedom v. Freedom

When the dust settled after Idaho’s May primary election, one reasonable conclusion was that the hard right - what could have been loosely centered around the Idaho version of the Freedom Caucus - stood a good chance of taking effective control of the legislature in the next session. Up to now that group has been a powerful and sometimes successful force, but clear control has been elusive.

New cross-currents are setting that prognosis up for grabs. One big reason was outlined in a strong new report by the news group InvestigateWest, which found that Idaho’s Freedom Caucus has fallen into war with itself - and with the national group that helped found it. The whole thing is worth a read; much of what follows was drawn from it.

The contentious U.S. House Freedom Caucus, which is much better known even in Idaho, has been experiencing its own internal conflicts in the last couple of years even as a close ally was elevated to the House speakership. But the issues in Idaho are separate (though in some ways mirroring those in Congress), drawing from its relationship with an allied group called the State Freedom Caucus Network.

That is a national organization founded in 2021 by Republican operatives with the idea of extending the Freedom Caucus of the U.S. House - I’ll leave it to you to decide how good an idea that is - into statehouses around the country. They’ve planted a dozen of them so far, including in Montana, Wyoming and Arizona as well as Idaho.

But Idaho has been a problem child. Political scientist Matthew Green, who has been tracking activity in this area, remarked to InvestigateWest, “What’s interesting about Idaho is that you have this national organization that’s involved in this feud with the state Freedom Caucus. I don’t know of this happening in any other state.”

What has happened is in a way inevitable, because much of the draw and dynamic of Freedom Caucus culture involves suspicion, distrust and an automatic pulling away from people or institutions in power.

The Idaho conflict seems to have started in at least its present form when leaders of the state Freedom Caucus (which earlier this year had about a dozen legislators as members) decided against provoking unnecessary conflicts with House Speaker Mike Moyle, who on matters of ideology and legislation is mostly in alignment with them. That outreach to a similar-minded leader of the establishment, though, was too much for some Freedom Caucusers, and schism ensued.

That’s one reason, the InvestigateWest article noted, the dozen members of the caucus from last winter now seem to be headed down to seven (after two members who lost primary elections end their terms).

But there’s more. The national organization sided with the idea that cooperation with the powers that be was not a good thing, and the group’s director Maria Nate - hired by the national group - supported that. That was the background of a fiercely angry conversation, secretly recorded and later released, between Nate and Representative Heather Scott, a co-leader of the Idaho Freedom Caucus group and a backer of reaching out to Moyle.

Since then the Idaho group seems to have split from the national and named its own director, outgoing Senator (he was defeated in the primary) Scott Herndon, who backs the Heather Scott group. Meanwhile, the national group has been trying to recreate itself (with help from at least one Idaho legislator) under its flag as the Idaho Freedom Caucus with Nate as director.

So there are now, more or less, two Idaho Freedom Caucus groups, each with its own director, and apparently with conflicting claims on the group’s logo. Legal conflict looks like a distinct possibility.

If all this sounds improbable, well, it isn’t. Given the nature of what underlies these groups, it’s probably better seen as inevitable. The other states with Freedom Caucuses are on notice.

 

Legislative places

As is often the case in presidential years, the critical parts of Idaho’s general election ballots - ballot issues like initiatives excepted - are the races for the state legislature.

Given that the partisan control of the legislature is not much in question - Republicans are extremely unlikely to be bumped from control next session - that may not seem obvious. But the choice is still in the hands of the voters, and they do have more choices this year than in many legislative contests for decades. Idaho Democrats have nominated an unusually large number of contenders this time, and the recent national Democratic wave of enthusiasm could make more races competitive.

So where should Idahoans be looking for competitive legislative action this time? Let’s run through some of the places where attention may be focused on election night.

District 6 (Moscow-Lewiston). Republican Dan Foreman, in his second tenure as a senator (he was defeated for re-election in between), is as ferocious a hard-right culture warrior as there is in the Idaho Legislature, which is quite a commentary, and he has verbally trashed his own local communities (Moscow and the University of Idaho). His opponent, Democrat Julia Parker, is a Moscow city council member and a complete contrast.

This long has been a politically competitive area, though in recent years Republicans have dominated it. This could go either way, though Parker starts with a good base in Moscow and solid fundraising. At least one of the House races has a competitive look to it too.

District 15 (west Boise area). The state’s premier legislative battleground for years, this district and 26 are the closest Idaho has today to truly purple districts. Long Republican, it is more competitive now due in heavy part to the dogged ice-breaking of Democrat Steve Berch, now running for his fourth term. Last election he was joined here by a Democratic senator, Rick Just. Both work the district intensively, focusing on door to door campaigning.

But this is a hotly competitive place, and especially in a presidential year neither seat can be considered secure. Berch is opposed this time by Annette Tipton and Just by a former representative, Codi Galloway, who he narrowly defeated for the Senate in 2022. Two years ago a third party (Constitution) candidate soaked up a few votes which might have flipped the race the other way; this year, there’s no third party candidate.

The direction of 15, and the potential over time for a purpling of Boise’s suburbs, is very much up for grabs.

District 26 (Jerome, Blaine). Redistricting two years ago reshaped legislative districts in central Idaho, making Democratic Blaine a smaller factor than it had been. It was still big enough, barely, to keep two of the three seats in this northern Magic Valley district Democratic.

Democrat Ron Taylor narrowly beat Republican legislator Laurie Lickley for the Senate seat two years ago, and now they face each other again. Same story with Democratic Representative Ned Burns, who also won narrowly two years ago over Republican Mike Prohanka, and now faces him again. And the House Republican, Jack Nelson, two years ago prevailed by similarly tight margins. The numbers are very close in the Jerome/Wood River district, and either side could end up sweeping it, or splitting it.

District 33 (Idaho Falls). This one is a longer shot, and just one of the three legislative seats in this urban Idaho Falls district is contested. It’s worth a view anyway. This district, or its near equivalents, has been among the few outside the Boise, Moscow, Pocatello or Wood River areas to feature a competitive general election contest in recent decades, and some subtle in-party (Republican) dynamics this year offer a hint of more flexibility than usual. It is one of the more urban districts outside the Boise area.

The incumbent Republican is Representative Barbara Erhardt, one of the most uncompromising of legislative social warriors. Democrat Miranda Marquit, chair of the county Democratic organization, has run against Erhardt twice before, losing decisively both times. Will history simply repeat? Maybe, even probably, but if this is an unusual year the numbers might change enough to offer hope to more Democratic candidates here in the future.

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Mass participation in Idaho

It’s easy as we look out on this national political season to feel sidelined if you’re not a resident of one of the six or seven or so battleground states, none of which are in the northwest.

But that doesn’t mean you have to be sidelined as a matter of practice.

Let’s put that to an acid test: Suppose you’re a Democratic woman in Idaho. How much impact can you have?

A surprising amount, if you pay attention and maybe participate in the activities of one of Idaho’s largest and least-heralded political organizations, the Idaho Women for Harris/Walz (formerly, up until a few weeks ago, Biden/Harris).

The group was founded several years ago by a gathering of active Democratic women in Idaho. The most visible of them include Betty Richardson, a former U.S. attorney who for decades has been one of the best political organizers the state has seen. Working as a Democrat in Idaho long has presented big challenges, but the IWHW has demonstrated, and may demonstrate in this year’s election, how to get things done in spite of those challenges.

Outside of its membership, the organization has mostly flown under the radar up to now, but that may be changing. Based largely on a Facebook group, but also using an e-mail list, it has brought together a large number of like-minded women, many of whom are oriented toward activism. (Not all of the members are Idahoans, but most are, and the minority of outsiders generally have a strong connection to Idaho.)

During the Democratic National Convention, they distributed a press release saying the organization now has more than 12,000 members, most of whom are widely scattered around the state, in large communities and small, many in places where actual Democratic presence often is rendered invisible.

The release said “IW4HW is one of the largest all-volunteer groups of Idahoans ever organized around a presidential campaign, and is one of the biggest such groups per capita in the nation.  The grassroots group formed in July of 2020 and was previously titled "Idaho Women for Biden/Harris."  After President Biden announced his decision to end his bid for re-election and endorsed Vice President Harris, the group changed its name.”

Don’t expect, though, that involvement in the presidential contest is the limit of its interest or activities.

The release added: “The group has members from all 44 Idaho counties, from north and south, from big cities and small towns, from political newbies to seasoned hands. Its members are Democrats, Republicans and Independents, and include several past and present elected officials.”

Richardson said during the Democratic convention that the group had grown by more than 1,000 members just in the previous month.

Okay, it’s a lot of people, but what can it do?

Quite a lot, both in-state and out.

Within the state, there are this year an unusually large number of Democratic candidates running for the state legislature, and those who are active candidates desperately need local people to help. A group of this size and spread could provide critical help (not just money, but labor as well) to many of them.

All of that applies when it comes to ballot issues, too.

Nationally, they can matter too. The political game this year is voter turnout, and communication with erratic or uncertain voters will be critical to winning the presidency and in states where key congressional races are taking place. People living in Idaho can’t easily be on the scene in those places, but they can communicate by phone, by electronic communications and by print mail to inform and urge them to get their ballots cast (which starts happening in only a couple of weeks). A group of 12,000 can provide an enormous amount of critical leverage.

Numbers are power in politics, and this Idaho group’s numbers are enough to matter.

 

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50 years ago today

Pardon the reminiscing, but this week marks a significant personal anniversary: Exactly a half century ago, I came to live in Idaho.

I had packed up my belongings in Virginia and my dad and I drove cross country to Moscow, Idaho, where I would start school at the University of Idaho. The late summer weather was warm but temperate. Eric Clapton’s “I Shot the Sheriff” and Rufus’ “Tell Me Something Good” were on the radio. The Watergate era was just over; we had a brand new president in Gerald Ford.

The University of Idaho campus bore a general resemblance to today’s. Some of the buildings have changed, and new developments have appeared here and there. But it had the attractive leafy, collegiate feel you can still see.

The college newspaper where I went to work and first got to experience journalism, the Idaho Argonaut, still is publishing online at least, which puts it ahead of any number of big-league newspapers out in the “real world.”

After a few weeks, I began putting in some time as well on the campus radio station, KUOI-FM, as an announcer. The paper and the radio station were the two forms of mass media in the area, other than the small educational television station on campus (it wasn’t much like public television as we know it now). Mass media in the area otherwise included the newspapers at Moscow (now no longer daily and no longer printed there) and Lewiston; occasionally we might see one from Spokane. Signals from radio or television stations beyond Moscow were patchy at best. And that was it.

Idaho’s population then was about 750,000, today smaller than one congressional district though then the state had two (which it still does). Ada County's population was about 150,000. Idaho’s population was relatively much less urban, and there were new regional and sub-regional centers. There was much more commerce in the smaller communities, and more of it was locally owned.

News was happening, as it always does. A week or two after my arrival at Moscow, attention statewide was focused four hundred road miles away at Twin Falls, where the daredevil Evel Knievel was trying to jump across the Snake River canyon. (He didn’t make it, as you may have heard.)

I was arriving in Idaho at a time of national political transition, and Idaho, like the rest of the country, was paying close attention to the political landscape.

The governor then was Cecil Andrus, a Democrat, still in his first term but just about to be re-elected to a second in one of the largest landslides in state history.

The lieutenant governor, Jack Murphy, an experienced and successful Republican, was the candidate who lost to him. The lieutenant governor’s job was taken over by Democrat John Evans, who a few years later would become governor himself.

At the top of the ballot was the race for U.S. Senate. The winner in that contest, by a strong margin, was Democrat Frank Church, who won his fourth term. The margin might have been larger except that, as some of his backers acknowledged afterward, they underestimated the opposition. The junior senator was Republican James McClure.

As now, the state Senate in 1974 had 35 members. Five decades ago, its members consisted of 23 Republicans and 12 Democrats. (The margin is 28 Republicans and seven Democrats today.) None of those dozen Democrats came from either Ada County or the Wood River Valley. Here are the communities where they did live: Pocatello, St. Maries, Tetonia, Malad, Lewiston, Mullan, Burley, Moscow, Sandpoint, Cottonwood and Orofino. The situation was similar in the Idaho House. It’s a stunning contrast to today.

The 1974 election did not greatly change any of that, though Democrats did pick up two Senate seats and in the House went from 19 seats to 27 out of 70. (The number of House Democrats today is 11.)

I do have a point to make in reciting all this:

At the time, the overall condition of Idaho seemed, simply, the way it was and probably long would be.

It wasn’t. Not everything changed, but a whole lot has, vastly.

Don’t ever say that nothing changes. Because it does.

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Public defense

Idaho’s system of public defense, which means taxpayers paying lawyers to defend criminal defendants who cannot afford to pay one themselves, is going through a major change, for the better.

That means, at least, the state has taken an essential step toward getting to something that works better. But there are potential pitfalls. Oregon, which made a similar change a few years ago, already has encountered many of them, and it has fallen into several, and Idaho would be well served to take a look at where those trouble spots materialized, and how Oregon is trying to solve them.

Traditionally, the counties have paid for public defenders in a patchwork of systems for cases within their borders. The system is a recipe for failure, especially in smaller counties which can ill-afford the costs of prosecution alone, let alone the defense as well.

After action by the Idaho Legislature - count this one as a surprise - a restructuring in the badly-functioning public defender system got underway last year.

The new system sets up a single State Public Defender office, which already is running and staffed; it moves into full operation on October 1. Attorneys for indigent clients will be arranged through that office rather than through local courts. It’s funded to $49 million, and that amount could be increased with supplemental money by the next legislative session, if needed.

It’s a much better system than Idaho has had up to now.

But there are no guarantees it will work as intended. Sometimes, for all the good intentions, public defender systems in a number of states have gone awry. To get a sense of this, take a look west across the border to Oregon.

The Oregon Public Defense Commission, which oversees and assigns public attorneys for at-need defendants in that state, was started about seven years ago, emerging from a system much like Idaho has had. Its intent was much like Idaho’s now.

Within its first few years, the Oregon system was running seriously behind in both funding and the number of attorneys assigned. Searching for answers, the American Bar Association developed The Oregon Project: An Analysis of the Oregon Public Defense System and Attorney Workloads Standards, in 2022, to evaluate the depth and cause of the problem. It said Oregon had fewer than a third as many attorneys (more precisely work-hours) that it needed. These numbers were large: The attorney shortfall, it said, was about 1,300 lawyers. That estimate was later scaled down, but still is considered large.

The Oregon Legislature increased funding for attorneys, but that didn’t turn out to solve the problem. The lack of attorneys was still being felt even as crime - and therefore criminal cases - in Oregon trended downward.

So what gives?

A lot of the problem turns out to be structural, the way attorneys are able to bill and the limits places on how many hours a specific attorney is allowed to bill within a certain period of time. (Some drastically exceed their limits, which raises questions about the job they may be doing for clients.) On top of that, the agency has had serious problems with paying attorneys and otherwise managing its finances. The details - which sometimes involved pushing for perfection at the expense of carrying out the core mission - got in the way.

The structural, process issues involved have tangled into knots a system that ought to be working much better. Oregon isn’t the only state experiencing some of these difficulties, either.

Oregon is in the process of trying to solve those issues, and making some progress. Idaho would be well advised, as it gets its generally similar system underway, to pay close attention to what is and isn’t working for its neighbor. It may be able to avoid some of the headaches in the process.

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Steve Symms

Some people in politics remake the political reality around them. Others jump into the whitewater and run with it, sometimes rapidly, and sometimes successfully.

Steve Symms, one of the central figures in the premier Idaho political contest of the last century, who served in Congress from Idaho for two decades and who died in Virginia on August 8, falls clearly into the second category.

It might not obviously seem that way at first, to look at the effect his rise had.

His political ascent in Idaho was quick, stunning and impactful.

Symm’s first candidacy was for the U.S. House - he didn’t work his way up the steps like fellow Republican Jim McClure, who started as a small-county prosecutor and state senator - and the effect of his races and time in the House was to secure the Idaho first district as solidly Republican. On the front end of his time in the House, the district was plausibly competitive and had a somewhat centrist-right feel. Afterward and since (and despite three Democratic wins there in the last half-century), it has become not just Republican but fiercely so. His successor in the House, Larry Craig, had sounded like a centrist during his time as an Idaho legislator; from his 1980 race to follow Symms he read almost identically from the same script.

In Idaho politics Symms today may be best known as the Republican who finally defeated four-term Democratic Senator Frank Church, a major figure in the state and in the nation too: A candidate for president just four years earlier. Since that election, no Democrat has won a Senate seat from Idaho. The election was a political watershed.

For all that, and for all that individualism was an important part of his ideology, Symms was very much part of the tide and part of his group.

When he first won in 1972, he was part of an emerging collection of Canyon County libertarians (former Governor C.L. “Butch” Otter was in the circle), and seemed at first to enter the race more with the idea of spreading his faction’s free-market and ideological message than with any realistic idea of winning. But Symms turned out to be an excellent retail campaigner, among the best Idaho has seen, and in the primary his Republican opponent had a flawed campaign: The cheerful fresh face won. In the general election he benefited from the strong organizational work McClure, who was also on the ballot for senator, had led over the previous six years. Symms always campaigned energetically, and people liked him, but he broke no real new ground in his eight years. During his time in the House, he even seemed to edge back a bit on some of his earliest stances (on abortion, for example), getting more in line with the Republican caucus.

In 1980, running against Church, Symms had the benefit of an extremely well-run campaign (campaign manager Phil Reberger long has been regarded as one of the best Idaho has seen). But that wasn’t all: National conservative groups weighed in too, scorching the earth against Church long before Symms formally even announced as a candidate.

And not only that: This was the year of the Reagan Revolution, led by the soon to be president whose popularity approached godhood in Idaho. Symms was very much swimming with the tide. This is clearer in hindsight than it was at the time, because Church was widely popular in Idaho; had won decisive re-elections in 1974 against one of Symms’ closest political allies (Bob Smith) and in 1968 against another sitting U.S. representative, George Hansen, who like Symms was a terrific retail campaigner.

A less talented candidate couldn’t have beaten Church, but Symms’ political strength was limited. Six years later, as an incumbent, Symms nearly lost his re-election to Democratic Governor John Evans. And, after personal issues emerged into public view, he opted not to run again in 1992.

Right time, right place.

 

Attentive reading

This weekend, on the afternoon of August 10, a group of Idaho authors organized as Authors Against Book Bans is scheduled to hold a reading. But not the usual kind.

Authors often are asked to read a passage from their works, typically at an event like a book signing. What’s happening here is different. The public invitation reads: “Bring your favorite book, banned book, current read, or whatever kind of book you'd like - we're celebrating our right to read freely on the front steps of the Idaho State Capitol building.”

Rather than a literary activity, this is part of a political voter-registration event, in effect a protest against the new library materials measure (House Bill 710) passed this year by the Idaho Legislature. The American Civil Liberties Union argues about the new law that, “Rather than ‘protect’ children from ‘obscene’ materials, HB 710 offers vague and overbroad language that threatens to censor library books and materials. It also allows ordinary people to file lawsuits and even receive monetary awards for these legal claims.” The law in practice is an attack on Idaho’s libraries, both public and private.

All true, but I’d add another dimension to the case against the bill: That it can’t possibly accomplish its stated purpose, because of a misunderstanding about the nature of most human beings.

At the Saturday event there might reasonably be some emphasis on the “banned book” element, with readings from the challenged materials serving as a pushback against the new law.

The readings also could serve as a metaphor for the way the law is likely to collapse in on itself. The measure is purported to try to keep “harmful materials” out of the hands of children. One immediate difficulty is that hardly any two people will find perfect agreement on what might or might not be harmful to children; my list of bad materials may be very different from someone else’s, which means trying to legislate to an arbitrary, ever-shifting and ever-variable standard.

But the problem goes further than that. In practice, to the degree the law actually has an impact, it likely will drive those materials of most concern directly into the hands of children.

For people said to be so deeply interested in the family, these legislators seem not to understand who drives a lot of children.

Let me explain through my earliest memories of visiting my city’s public library, well before I started elementary school.

I would wander around (this was a place I could freely explore on my own, which by itself was great), but at that age I mostly was on the lookout for anything good about dinosaurs. The children’s section was hopeless (back then), and I spent almost no time there. Instead, I was all over the science sections in the adult stacks. If I had to pile up chairs to reach the upper shelves, so be it. I wanted whatever I was interested in; other subjects had little purchase on me. How could they? They were just undifferentiated rows of books.

And so, I suspect, it is with a lot of children, whatever their interest may be. You’re not going to keep them away from reading about something they’re curious about by moving it from one section of a library to another, or trying to block them away using bureaucratic rules. They’ll probably find it, wherever it is. If they’re told no, they’ll get more determined.

Except that today, compared to a generation or two ago, the point of access is broader. As much as I continue to appreciate (and use) libraries, I know they’re just one place among many I can pick up on whatever I want to read. Every child with a smartphone (not to mention a computer) can easily find anything they may be looking for, including some things that really could do them some damage.

Nothing grabs a child’s attention like being told they can’t have - or see - something.

The present-day censors could succeed in damaging libraries, cutting public literacy, and driving away librarians.

But keep kids from reading whatever attracts their interest? Good luck with that.

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