By M.Christian
YNOT – There comes a time when good people simply have to stand up and say “Enough!”
This is not an easy thing to do, especially in the current climate of ethical cowardice that passes for political and social discourse in the U.S. That very incivility, though, makes it ever more essential that stalwart men and women find the strength to stand while others sit, give voice when others are silent and speak what others only dare to think.
If no one takes up that banner, then the once-great United States, and perhaps the world, very well could fall into the silent darkness of moral failure, ethical bankruptcy and intellectual poverty.
In other words, we all could find ourselves living in Arizona.
For reasons only residents of the Grand Canyon State can explain, over the past several years Arizona has become a beacon of conservatism, a favorite stomping ground of Tea Party Republicans and a veritable paradise for rich, white bigots. Arizona has drawn one of the hardest lines against immigration in the country. The state has overstepped its bounds by interfering in doctor-patient relationships and is considering allowing employers to fire female employees who have taken birth control medication to prevent pregnancy. And, just in case anyone harbored a notion Arizona might be a good place to shoot adult entertainment, at least one prosecutor has indicated he may pursue mandatory prison sentences for those who dare to have sex on film in his state.
But a bill currently pending before the Arizona legislature surpasses even the most repressive previous legislation. In essence, HB 2549 would criminalize free speech.
On its surface, HB 2549 may seem like it means well: “It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use any electronic or digital device and use obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person,” the bill states. “It is also unlawful to otherwise disturb by repeated anonymous electronic or digital communications the peace, quiet or right of privacy of any person at the place where the communications were received.”
As so often happens with bills that attempt to curtail unpopular speech, though, this one likely would sweep in unintended victims — meaning virtually everyone on the face of the planet.
In a letter [PDF] to Arizona Gov. Jan Brewer (a Republican), Media Coalition Executive Director David Horowitz pointed that out.
[QUOTE]Government may criminalize speech that rises to the level of harassment and many states have laws that do so, but this legislation takes a law meant to address irritating phone calls and applies it to communication on websites, blogs, listserves and other internet communication. HB 2549 is not limited to a one-to-one conversation between two specific people. The communication does not need to be repetitive or even unwanted. There is no requirement that the recipient or subject of the speech actually feel offended, annoyed or scared. Nor does the legislation make clear that the communication must be intended to offend or annoy the reader, the subject or even any specific person….
While protecting people from harassment is a worthy goal, legislators cannot do so by criminalizing speech protected by the Constitution. All speech is presumptively protected by the First Amendment against content-based regulation, subject only to specific historic exceptions.[/QUOTE]
The crotchety “get off my lawn” sensibility HB 2549’s overt language pales in comparison with the bill’s potential effect. Sure, the world should be a safe place, the internet should be a domain of politeness and respect, and everyone should be able to live, work and play without fear of emotional assault. But criminalizing rudeness comprises a cure worse than the disease.
Of course, such a law probably would reduce the current political invective to a dull roar. That couldn’t hurt.
That small saving grace aside, though, HB 2549 is so ill-conceived and irresponsible that it demonstrates, without a shadow of a doubt, Arizona politicians should be prohibited from drafting any more legislation of any kind ever. Arizona is a bellwether; other states watch and mimic. If HB 2549 passes — though chances of that happening currently hover somewhere between slim and none — other states will follow suit.
In fact, Tennessee passed a similar law last year … but nobody listens to Tennessee like they do to Arizona.
It’s time to take a stand, stalwart ladies and gentlemen. Get out there on that newfangled Intertube thing and use your voices. Stand up, stop thinking and start shouting.
Otherwise, in the name of protecting people from themselves, each other and the wrath of God, Arizona is liable to silence us all.
