Last week, on March 29th, HB 2549 passed the Arizona State legislature, that’s both houses of the state congress, and the bill is now sitting on Governor Jan Brewer’s desk awaiting her decision.
For those of you who remember your Schoolhouse Rock, a bill is only bill until it is signed by the governing body (The President, or in this case, the state’s governor). We can only hope Governor Brewer elects to veto this bill on the grounds that it is a brazen pile of poopy. In fact, under HB 2549, we could be prosecuted for saying that.
If you listen carefully, you can hear Thomas Jefferson spinning in his grave as The Great State of Arizona prepares to accept, into law, a bill that would make it a crime to communicate via an electronic medium (like the Geekscape Forums, text message, email, radio, e-book or website) any speech that is intended to (these are actual, quoted words from the bill) “offend,” “harass,” “terrify,” or “annoy.” In addition, the bill would also outlaw certain sexual speech. Yes, a law in th 21st Century United States that would outlaw certain speech. Outlaw…speech.
This means that under this law, if you are in Arizona and you see something that offends you via an electronic medium, the person responsible for that message can be punished for offending you. This means that if someone calls you a naughty name on a website forum: BAM! Criminal Record. Rush Limbaugh calls someone a “slut” on the radio in Arizona: BAM! Prosecution for Limbaugh under Arizona State Law. Somebody reads a piece of graphic horror fiction by Steve Niles: BAM! Niles is hauled into court in Arizona.
This law would seriously restrict dialog and discourse, no matter how rooted in good-natured ribbing it might be, between sports fans of rival teams, between fans of Star Trek versus Star Wars, between Marvel and DC. Anywhere that there is a rivalry where the conversation, in an electronic medium, gets bawdy or “trash talking,” this bill proposes to make that a criminal zone in Arizona.
This is a violent offense to the US Constitution’s First Amendment. For those of you as old as us, who don’t remember High School Civics, here’s the Amendment:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
The high points: “No law.. abridging the freedom of speech, or of the press…” It’s the principle on which The US was founded.
Further, in this bill, the terms “offend,” “harass,” “terrify,” and “annoy” are not clearly defined, so anything annoying would be illegal in Arizona.
Free Speech is protected by the Constitution, even if it is offensive or ill conceived. Everything from The Westboro Baptist Church’s hate-crap to “Juggs Magazine” to the diatribe of fanboys upset over the crappiness of the Green Lantern movie is protected speech. To make it illegal is, in itself, a crime.
How it made past both houses of congress in the state is astounding.
We at Fandom Planet, along with the good people of Media Matters and The Comic Book Legal Defense Fund, ask you to protect the First Amendment rights of all the people of Arizona and reject or amend H.B. 2549.
The phone number to the Governor’s office is 800-253-0883. Email can be sent at this website: http://www.azgovernor.gov/Contact.asp
If you are in Arizona, exercise your right to petition the government and speak out against bad law while you still can.
***********************************
Fandom Planet is the first syndicated all-Geek podcast/radio show. Taking the well established “Drivetime” radio format and turning it on its head, hosts Powers/Carr (that’s Los Angeles Stand-up Comedians Tim Powers and SAX Carr) talk to one or more “creatives” from the worlds of television, movies, comics, video games, and beyond. We created the #AllisonScag4Cassie movement, to encourage the producers of the Hack/Slash movie to cast “Warehouse 13” actress Sallison Scagliotti in the title role. The Fandom Planet is a galactic central point for all geeks to come together and realize that everyone is an enthusiast for something– and that binds us together. We know geeks have power, but only when their voices are heard. Fandom Planet, therefore, will do our best to bring your message to the rest of our listeners. Listen to Fandom Planet here on Geekscape or on iTunes. Contact the boys at fandomplanet@yahoo.com