"Hilariously Unconstitutional": Arizona's Bill For G-Rated Education
That's not something I thought I'd ever hear Greg Lukianoff say, as he's a guy who takes the Constitution pretty seriously...as do I. Greg heads up FIRE, the Foundation for Individual Rights in Education, defending civil liberties on campus. He blogged at the HuffPo about a bill that goes wildly beyond the pale:
In what has to be the most hilariously unconstitutional piece of legislation that I've seen in quite some time, senators in the Arizona state legislature have introduced a bill that would require all educational institutions in the state -- including state universities -- to suspend or fire professors who say or do things that aren't allowed on network TV. Yes, you read that right: at the same time the Supreme Court is poised to decide if FCC-imposed limits on "indecent" content in broadcast media are an anachronism from a bygone era, Arizona state legislators want to limit what college professors say and do to only what is fit for a Disney movie (excluding, of course, the Pirates of the Caribbean franchise. After all, those films are PG-13!).But don't take my word for it, here is the full text of the bill (SB 1467) as it currently stands:
15-108. Public classrooms; compliance with federal standards for media broadcasts concerning obscenity, indecency and profanity; violations; definitionA. If a person who provides classroom instruction in a public school engages in speech or conduct that would violate the standards adopted by the federal communications commission concerning obscenity, indecency and profanity if that speech or conduct were broadcast on television or radio:
1. For the first occurrence, the school shall suspend the person, at a minimum, for one week of employment, and the person shall not receive any compensation for the duration of the suspension. This paragraph does not prohibit a school after the first occurrence from suspending the person for a longer duration or terminating the employment of that person.
2. For the second occurrence, the school shall suspend the person, at a minimum, for two weeks of employment, and the person shall not receive any compensation for the duration of the suspension. This paragraph does not prohibit a school after the second occurrence from suspending the person for a longer duration or terminating the employment of that person.
3. For the third occurrence, the school shall terminate the employment of the person. This paragraph does not prohibit a school after the first or second occurrence from terminating the employment of that person.
B. For the purposes of this section, "public school" means a public preschool program, a public elementary school, a public junior high school, a public middle school, a public high school, a public vocational education program, a public community college or a public university in this state.
You catch all that? The bill doesn't even require that the profanity be uttered in the classroom, it just generally says that if a professor or, for that matter, a K-12 teacher, engages in FCC-regulated conduct or speech at all, he or she can lose their job. Of course, even if this were limited strictly to classroom speech it would still be laughed out of court as unconstitutional on its face.
Irony abounds in this law, especially when you consider that it would require law professors to be suspended for discussing two of the most important Supreme Court cases regarding the First Amendment and free speech on campus. The first is the ever-famous case of Cohen v. California (1971), in which the Supreme Court ruled that a citizen could not be punished for wearing a jacket emblazoned with the slogan "Fuck the Draft." Indeed, the Court rightly noted in its decision that "one man's vulgarity is another's lyric."
...Legislators and, in many cases, campus bureaucrats need to know that real life and real education often includes "strong language and adult content."
What is this the conservatives strike back speech code.
I as a teacher want the god given right the ability to when need to tell a student to shut the fuck up or get the hell out of my classroom. Wether I get in trouble it should be up market and social forces to decide my punishment if any.
John Paulson at February 10, 2012 3:22 AM
This truly is laughably insane. Any teacher with a newborn would be
in violation. After all, how could this come about without conduct
that could not be shown on TV.
Ron at February 10, 2012 4:04 AM
Ahem... "fuck that shit."
Last year arizona SB 1467 was a bill to ban guns from universities, this year SB 1467 is to ban words from universities. Bill sponsores Shooter, Smith, Klein, Biggs and Melvin are republicans so i can be embarrassed about that again. Do parties take turns each year? "Hey senator Aboud, 1467 is coming and it's your turn to try to overturn the bill of rights."
Storm Saxon's Gall Bladder at February 10, 2012 6:38 AM
Hey Amy! Thanks for covering this. And, yes, I take the Constitution very seriously, but, man, if I couldn't laugh at some of this nonsense I would go insane! Besides often the best weapon against these kind of ham-handed attempts at censorship is good old public mockery, so thanks for helping with that effort. Of course, if this law actually passes I won't find it nearly so funny.
Greg Lukianoff at February 10, 2012 6:39 AM
Amy Alkon
https://www.advicegoddess.com/archives/2012/02/hilariously-unc.html#comment-2970664">comment from Greg LukianoffPublic mockery is the best! And this is an entertaining piece you wrote. (Increasingly, I sense that we've elected The Three Stooges in multiples across the country.)
Amy Alkon
at February 10, 2012 6:56 AM
If this absurdity is enacted, it will be interesting to see how human sexuality courses accommodate the new restrictions.
Meloni at February 10, 2012 12:19 PM
We merely want to elect a dog catcher.
We end up with The Dept of Animal Control and Care, which directs what what dogs we may have, its food, regular psychological evaluations of the dog and owners, and licenses to verify that we have taken the yearly $100 continuing education class in dog ownership and personal responsibility.
Andrew_M_Garland at February 10, 2012 1:45 PM
Sigh. Have we devolved into a nation where everyone wants to take away the rights of anyone who disagrees with them?
Cousin Dave at February 10, 2012 4:31 PM
I was picking up DD from school today, and her teacher was working the line she was in. Her teacher very casually told me through my window as she was getting buckled "I took ____'s library book today. It was about sharks. It was european, and there was nudity. I'm judging that, but we are having some issues with boys and boobie obsessions in class right now, and they didn't need the distraction. I just told ____ I needed it for a project". Such a great way to handle it! It was a school library book-we are a first year charter, and the library is almost completely donated books. Thousands of them, but all donated.
We watched a Romeo and Juliet movie in high school english after reading it, and it had boobs in it. Sam teacher also read us stories that happened to be about bestiality. Great class. Shame she'd be fired now. She made english class fun. In high school.
momof4 at February 10, 2012 6:26 PM
Maybe we need to send every legislor in Arizona a copy of the pocket Constitution.
Jim P. at February 10, 2012 7:31 PM
"What is this the conservatives strike back speech code."
Where do you get this?
I see "modern" liberals shouting people down at public events and telling others what they can and cannot do, when the content or action does not meet with their approval.
Carlin's "Seven Words" was about obscenity, how many years ago? Who is, today, driving politically "correct" speech? Not only must you NOT say some things, you MUST say other things in some situations. Carlin has busted these people repeatedly.
Do you think Bill O'Reilly is a "conservative"? Have you seen him back Ellen DeGeneres as JC Penney's spokesperson?
What political group is the one carrying a copy of the Constitution?
Radwaste at February 12, 2012 6:18 AM
If I were an AZ teacher, and this law passed, I would play a video of George Carlin's "7 words you're not allowed to say on TV" to my students and resign.
mpetrie98 at February 13, 2012 1:03 AM
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