The Commercial Appeal

1st Amendment has its heroes and threats

- David Plazas

The First Amendment of the U.S. Constituti­on is the first for a reason: It encapsulat­es the United States of America’s values as a sovereign, free nation that is governed by, but not ruled by, its elected and accountabl­e leaders.

Several of Tennessee’s state leaders recently affirmed their commitment to the five freedoms enumerated in that amendment, including freedom of religion, speech and of the press.

That public endorsemen­t for citizens’ freedoms is essential and gratifying.

Despite that affirmation, there are some efforts by Tennessee lawmakers to seed further discord and division while eroding those rights.

‘Protect what’s really important’

Let’s start with the good news.

At the recent Tennessee Press Associatio­n winter conference in Nashville, Gov. Bill Lee offered remarks to attendees and spoke to the press. Top legislativ­e leaders Lt. Gov. Randy Mcnally and House Speaker Cameron Sexton held a joint ask-me-anything session about what was going on in the Tennessee General Assembly.

“To this day, I have an even greater awareness and appreciati­on for what it is that this organizati­on does but mostly the responsibi­lity that you have to protect what’s really important in this country, and that’s the First Amendment,” Lee said.

Mcnally tweeted: “Every year I look forward to the annual Tennessee Press Associatio­n meeting in Nashville. A free press helps inform our citizens and ensures political leaders are held accountabl­e. A cornerston­e of a healthy democracy. I greatly appreciate what they do.”

There is not a love affair between these leaders and the press, but there is a respect for democratic practices, institutio­ns and the rights of citizens.

These moves unwise and wrong

Now to the bad news. In this year’s legislativ­e session, there are some pieces of legislatio­n that flout the First Amendment.

Rep. Micah Van Huss, R-jonesborou­gh, proposed, and the judiciary committee passed, a resolution (HJR 779) that would deem the Washington Post and CNN “fake news.”

While Van Huss may think he is doing right by supporters who are angry at these news organizati­ons, he is thumbing his nose at the Tennessee Constituti­on.

Article I, Section 19 of the Declaratio­n of Rights in the state constituti­on explicitly protects a free press and adds: “The free communicat­ion of thoughts and opinions, is one of the invaluable rights of man and every citizen may freely speak, write, and print on any subject, being responsibl­e for the abuse of that liberty.”

It is unwise and wrong for the government to pick winners and losers in the press.

A separate bill, sponsored by Rep. Andy Holt, R-dresden, and Sen. Paul Bailey, R-sparta (HR 2721/SB 2896), would jail librarians if they defied proposed elected library boards that oversee and approve content children see in libraries to ensure they are not shown “age-inappropri­ate sexual material.”

The bill is a slap in the face to the most trusted defenders of the First Amendment: librarians.

If it is passed, librarians could be fined $500 and/or imprisoned for defying the board’s rulings. Libraries could lose state funds for violating the law.

Standards could be imposed arbitraril­y and capricious­ly. In addition, it creates a new layer of government when there is already oversight over materials in libraries.

These boards would clash with the ethics policy of the American Library Associatio­n, which calls on librarians to defend the First Amendment and to avoid advancing private interests over the needs of library users.

Holt specifically mentioned “drag queen story hours,” but lumping this into sexual material is a stretch and potentiall­y discrimina­tory.

The Nazis and the Soviet Union famously burned books. Let us never aim to be anything like them.

More open government, please

There are some bright spots.

House Majority Leader William Lamberth, R-portland, and Sen. Mike Bell, Rriceville, have sponsored legislatio­n (HB 2132/SB 2756) to make local government more open.

Government agencies would be required to publicize their meeting agendas as well as offer supplement­al material three days before the meeting. Lee and legislativ­e leaders should continue their efforts to increase transparen­cy and revisit the 500-plus exemptions to public records that keep informatio­n from being available to the public.

The First Amendment belongs to all citizens, regardless of party affiliation, and we need all our leaders and citizens to uphold and defend it time and again.

 ?? Columnist Nashville Tennessean USA TODAY NETWORK – TENN. ??
Columnist Nashville Tennessean USA TODAY NETWORK – TENN.

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