April 03, 2006

Draconian Measure Being Pushed through General Assembly

The State General Assembly is in the process of passing legislation that would limit freedom of speech around the capital building by clearing "streets, roadways, intersections and sidewalks within or adjacent to the capitol hill complex" of citizens if the speaker of the house (Jimmy Naifeh) and the speaker of the senate (Wilder) feel it is necessary.

Bob Krumm touched on this subject on Friday. I wouldn't think that such a bill would have a chance to pass, but it seems to be on a fast track to becoming law.

The bill (SB2704 / HB3778) passed the Senate and now it's awaiting a seemingly easy House passage.

The main text of the bill is as follows:

The speaker of the senate and the speaker of the house of representatives, acting jointly, in order to prevent stoppage or loss of public business or serious inconvenience to the public, or to allow the general assembly to conduct its business in an orderly fashion, shall have the authority to direct the highway patrol to take necessary measures upon all streets, roadways, intersections and sidewalks within or adjacent to the capitol hill complex in Nashville.

This bill was brought about in direct response to the ADAPT protests two weeks ago. The state general assembly and its workers were inconvenienced for a couple of days (although they tend to inconvenience citizens 365 days a year, but I digress) and instead of just going on with normal business, they decide to enact some type of draconian law to prevent it from happening again.

Due to the language of the bill, it's goes way too far. If the speakers in the house and senate (Naifeh and Wilder) feel that they can't "conduct business in an orderly fashion," they can order the state troopers to clear every citizen from the capitol area....not only streets, but sidewalks and any other common areas as well. This law is legally unconstitutional, but it would take a lawsuit to stop it which would only come about AFTER a group of citizen's rights has been trampled on. Of course, this is perfect for the powers that be (Naifeh, Wilder and company) who prefer tax protestors stay as far away from the capitol as possible.

In a way, I also feel betrayed. Looking through the list of sponsors, I see several names that I wouldn't think would support such a measure....candidate for Governor Jim Bryson...Mae Beavers....etc.

For students of history, you can see this as an example of how fascism can come about...just on a smaller scale... 1) An event happens that causes trouble and inconveniences many people. 2) A group of legislators or other government powers (sometimes well meaning) pass a vague law in direct response to said event. 3) Other citizens suffer from said vague law along with losing a set of rights.

You can thank your state legislators for this lesson.

More: Updates to this story are here and here (including audio of the bill's passage).

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