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MONTGOMERY — The Alabama House of Representatives on Wednesday passed as substituted State Rep. Matt Fridy’s (R-Montevallo) HB 498, a bill intended to safeguard freedom of speech on college campuses in the Yellowhammer State.
The bill would require Alabama’s public colleges and universities to protect and adopt policies that uphold the First Amendment free speech rights for students and faculty. HB 498 would also provide a cause of legal action for violations by public higher education institutions under the legislation.
First, HB 498 would eliminate overly broad and ambiguous speech policies that infringe on expression protected by the U.S. and state constitutions, checked by constitutional limitations like yelling “fire” in a crowded theater. Second, the bill would eliminate so-called “free speech zones.” Finally, the proposal would empower the institutions to protect free expression by members of the campus community from unlawful violations by other members of the campus community.
In a House committee meeting on the bill, Fridy previously explained that this third tenet has to do with protecting students from “shout downs.” The bill sponsor said HB 498 is modeled after legislation already adopted by approximately 15 other states, as an “assault” on free speech and expression occurs on college campuses from coast-to-coast.
Fridy’s legislation states, “Alabama’s public institutions of higher education have historically embraced a commitment to freedom of speech and expression.”
However, he said that there are policies in place on campuses across the state that violate the First Amendment.
In fact, it was reported in recent months that Alabama A&M University and the University of North Alabama were named to the list of the “10 Worst Colleges for Free Speech” by the Foundation for Individual Rights in Education.
In the committee meeting previously, opponents said that the constitutional guarantee to free speech already protects the rights that the bill intends to defend, making it an ultimately redundant government-overreach.
Yet, conservatives in Alabama and across the country have lauded Fridy for bringing the bill.
Eagle Forum of Alabama has endorsed the legislation, saying Fridy is “one of the strongest voices in the Alabama legislature in support of individual liberty and our Constitutional principles of limited government.”
In the committee meeting, prominent National Review commentator and Senior Fellow at the Ethics and Public Policy Center Stanley Kurtz spoke in ardent support of the bill, decrying the “shout down culture” growing on college campuses nationwide.
Kurtz mentioned CIA Director Gina Haspel being heckled at Auburn University in a recent appearance, where the protester was promptly removed.
At the committee meeting, a former Auburn undergrad opposed the bill, claiming institutions should have the right to disallow speech by those that “disrupt” “campus culture.”
This former student also exposed a big reason Fridy feels he needed to bring the bill. The former student preached diversity and inclusion while advocating for excluding speech when there is “a difference of opinion.”
The ACLU of Alabama Executive Director Randall Marshall also spoke in opposition to HB 498, with the caveat that the bill contains some good provisions. However, Marshall concluded, in his view, that allowing colleges to enact anti-discrimination policies outweigh individuals’ right to free speech and expression.
One vocal supporter of the bill in committee was State Rep. Tracy Estes (R-Winfield), a career journalist from northwest Alabama. He lamented, “Our society has gone soft.”
Estes said people do not have the right not to be offended, which they seem to think overrides constitutionally protected freedom of speech.
In eye-opening fashion, members of the Alabama House Democratic Caucus on Wednesday proved Estes’ comments right as they spoke on the floor against HB 498. You can follow a live-tweet thread of the debate here.
While Republicans like State Reps. Terri Collins (R-Decatur), Danny Garrett (R-Trussville), Kerry Rich (R-Boaz) and Proncey Robertson (R-Mt. Hope) came up to voice their support of Fridy and the bill in spots, the debate was plagued by dizzying arguments against the First Amendment by House Democrats.
For example, even after Fridy walked him through the legal difference between hate speech and dangerous speech, State Rep. Thomas “Action” Jackson (D-Thomasville) said public higher education institutions should have the right to disallow and/or censor hate speech.
Fridy made the follow-up point that the best way to counter hate speech “is more speech” by those with differing viewpoints.
Jackson later claimed that forcing public higher education institutions to uphold students’ free speech rights is violating the “freedom” of those institutions.
“The freedom to reject,” Jackson said, seemingly making up a new clause of the U.S. Constitution.
“The government doesn’t have a freedom to reject,” Fridy advised.
Jackson responded, “[They’re] not the government.”
Friday explained that public colleges and universities are indeed government entities.
Jackson then said the leadership of these institutions should be able to “make that decision” whether they want to usurp the First Amendment or not.
“They are government,” Fridy reiterated.
“Yeah, but they’re a governing body,” Jackson remarked.
Jackson’s speech of opposition stirred up longtime State Rep. Mary Moore (D-Birmingham), who said, “I think all people that are invited on our colleges’ campuses don’t need to be there.”
Moore argued against the notion that countering hate speech with other speech is the solution. Instead, her solution would be censorship of speech, with institutions picking and choosing what they feel is acceptable or politically correct.
She opined, “I don’t think that’s the truth,” regarding the notion of all opinions and beliefs being protected by the free speech clause of the First Amendment.
Moore then asserted that government should “be able to say no” on allowing what they deem as hate speech. She said the same power should apply to college/university administrators.
“I think that we don’t need to force them to allow everybody to come on [campus who is invited]. If students say they don’t think a certain person or group should be there, I think that we ought to at least listen to the students’ voices,” Moore stated. “I don’t think we need it all (all viewpoints).”
She added there are some perspectives “that we just don’t need to hear.”
“We need to get away from this, where you’re forcing people to be able to listen to information that they don’t want to hear,” Moore said. “Especially on our college campuses, that’s a place of learning. And if there’s a disagreement of views, than that occurs in the classroom [only].”
She added that institutions should be able to censor or disallow certain speech that might sow “confusion.”
Moore says this campus free speech bill would cause students to leave Alabama colleges… makes comparison to HB 314 abortion ban being harmful…
— Sean Ross (@sean_yhn) May 22, 2019
On HB 498, Moore emphasized, “I don’t think a bill to do this is appropriate at this time or at any time.”
Perhaps Moore’s most startling line of the day was, “Freedom of speech ain’t freedom.”
She continued, “And we know as a cause, even when we think we have freedom of speech, somebody paid some kind of price for those of us who are citizens of this country and other countries practicing democracy. Somebody shed some blood, somebody even gave their complete life. So, freedom of speech ain’t really freedom. Because somebody paid a price for us to have it. So, when we come back and take the option away for a [public institution’s] president or board of trustees to say it would not be in the best interest of our university to allow certain speakers to come on [campus]… I think that what we need to do is not be disruptive… I don’t think we need to take the freedom to say ‘no’ away.”
Moore’s performance was followed by other dramatic appearances by Democrats opposing the bill, including State Reps. Juandalyyn Givan and John Rogers of Birmingham.
Rogers openly admits, with a laugh, that there are people he doesn’t want to have the freedom of speech.
— Sean Ross (@sean_yhn) May 22, 2019
Rogers and other Democrats like State Rep. Napoleon Bracy (D-Mobile) said that public colleges and universities were adamantly opposing the bill, even though Fridy had worked with two-year and four-year institutions on some changes to the bill. Bracy is a trustee at Alabama State University.
Rogers emphasizing representatives of the state’s major universities have made it clear to him they still oppose the bill, even with changes made
— Sean Ross (@sean_yhn) May 22, 2019
Asked about HB 498 by Yellowhammer News, a spokesman for Auburn University said, “We typically don’t comment on pending legislation, but Auburn leaders have worked with the bill’s sponsors to ensure they know that Auburn stands for free speech and robust exploration of ideas. We likewise stand for respect, equality and other principles fundamental to American society. While people have a right to voice their opinions, we also have a responsibility to speak up when others espouse racism, bigotry, hatred or other offensive views.”
A few off-the-wall ideas were proposed by Democrats during debate, too. Bracy came out in support of “safety zones” instead of “free speech zones” and Moore said controversial speeches should only be allowed over an institution’s closed-circuit TV system instead of in-person.
The final roll call vote on HB 498 was almost entirely by party line and came out 62-27.
The bill now heads to the Senate, where it faces a very short window of time before the legislative session ends next week.
Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn
7. Creepy porn inmate
6. Alabama Democrats attack the Constitution
5. The State Board of Education is about to get fired
4. Alabama is still open for business
3. OK, now the lottery is dead
2. Pelosi caves to her extremist caucus
1. Trump rages against the impeachment machine
MONTGOMERY — A shouting match broke out on the floor of the Alabama House of Representatives on Wednesday night after State Rep. Arnold Mooney (R-Indian Springs) surprised the chamber by introducing a request to “formally censure and condemn” State Rep. John Rogers (D-Birmingham) for his comments that went viral in recent weeks regarding abortion.
Mooney’s action came immediately after Rogers killed two non-controversial bills on a consent calendar and threatened to continue that trend until midnight. Rogers did this seemingly as a measure of spite, attempting to get revenge because a bill of his has not been moved by the House.
Mooney rose to the podium, saying he wanted to object to Rogers’ bill-killing rampage.
However, Mooney then really kicked things up a notch by introducing his formal complaint against Rogers.
That complaint as follows:
Before Mooney could read much of the complaint, shouting ensued by members of the House Democratic Caucus.
Speaker of the House Mac McCutcheon (R-Monrovia) called the spectacle inappropriate, and House Majority Leader Nathaniel Ledbetter (R-Rainsville) quickly moved to adjourn as the chaos continued.
The House did immediately adjourn for the night, prematurely ending their legislative day without accomplishing any of its consent calendar, which had some 40 bills on the agenda.
The future fate of Mooney’s request was not immediately clear.
Mooney calling on Rogers to apologize publicly for all of it. Rogers has previously apologized for saying “retarded” (even though he’s done it again since on the floor) but doubled down on everything else.
— Sean Ross (@sean_yhn) May 23, 2019
The complaint from Mooney states that Rogers’ “vile remarks” served to “denigrate, embarrass and demean the institution that is the Alabama House of Representatives.” Mooney said the comments brought “national shame and ridicule upon the House.”
This came the same day that Senator Doug Jones (D-AL) ducked a question again from a Republican tracker regarding Rogers.
Mooney is a Republican candidate for Jones’ seat in the 2020 race, along with Congressman Bradley Byrne (AL-01) and former Auburn University head football coach Tommy Tuberville thus far.
Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn
The Human Life Protection Act, which was signed into law last week by Gov. Kay Ivey, has already allegedly threatened economic development in Alabama according to Birmingham Mayor Randall Woodfin.
The law bans abortions in Alabama, and some have suggested it could have offer obstacles for economic development throughout the state.
During an interview with Huntsville radio’s WVNN, Huntsville Mayor Tommy Battle said he wasn’t ready to say what, if any, impact the law had on his city.
“From our side, it is way too early to tell,” Battle said.
Battle instead warned of the threat the pending trade dispute between China and the United States could have on the local economy.
Both China and the United States have levied tariffs on one another’s imports, which Battle said would be a topic on his upcoming visit to Japan set to take place next week.
“You know, we’ve got a couple of issues that are up there right now,” Battle continued. “The tariffs are an issue. Looking at the national security side of foreign automobiles coming in and facing a tariff situation is going to be something we’re going to have to have a conversation about while we’re over in Japan because, of course, Toyota and Mazda are going to be producing cars soon. And the tariffs hit them, and the national security side hits them both. I think this is a good time to probably go over and see our industries, and try to make sure we can help them in the ways they need to be helped.”
On Wednesday, nearly a week after Ivey had signed the bill, both Battle and Ivey participated in a groundbreaking ceremony to welcome Y-tec Keylex Toyotetsu Alabama (YKTA) to Alabama, which is a $220 million investment that will bring 650 jobs to Huntsville.
@Jeff_Poor is a graduate of Auburn University, the editor of Breitbart TV and host of “The Jeff Poor Show” from 2-5 p.m. on WVNN in Huntsville.
MONTGOMERY — The Alabama House of Representatives on Wednesday unanimously passed two bills aimed at combatting human trafficking: HB 262 and HB 264.
The bills are co-sponsored by State Rep. Merika Coleman (D-Birmingham) and State Rep. Terri Collins (R-Decatur). Coleman the assistant minority leader, on the House floor stressed that combatting human trafficking is a nonpartisan issue. She praised Collins and State Rep. Arnold Mooney (R-Indian Springs) for their efforts on the issue.
“Human trafficking is one of the most pressing issues facing our nation. There are more slaves today, an estimated 27 million, than at any point in our nation’s history,” Coleman explained in a statement. “This startling fact shows why the Alabama Legislature must act to combat human trafficking and educate the public about the harsh realities of this growing business.”
Human trafficking is the fastest growing criminal activity in the world, estimated at $150 billion annually. This “modern-day slavery,” as END IT Alabama monikers human trafficking, is happening here in the Yellowhammer State. This is evidenced by the recent trafficking busts at multiple massage parlors in Madison and Morgan Counties by the Alabama Attorney General’s Office.
“I used to purchase gift certificates for my own mother to get foot massages at the very same spas that were shut down,” Collins advised. “HB264 would have required those same owners to display a human trafficking poster with hotline information, which could have led to a quicker rescue. I think the impact of human trafficking is larger than we realize.”
HB 262 clarifies existing law to prohibit publishing photos of those charged with the act of prostitution while allowing for publishing photos of those charged with soliciting or procuring prostitution. This bill is aimed at deterring “John’s” from purchasing sex and supporting human trafficking while protecting potential victims of human trafficking from public identification.
HB 264 clarifies existing state regulations related to the posting of the Human Trafficking Hotline and awareness posters in public places and entertainment establishments by assigning a regulator and increasing fees for non-compliance.
The two bills now head to the Senate, where they face a time crunch to pass before the regular session ends next week.
HB 261, which would require all new commercial driver licensees to undergo industry-specific human trafficking training, was also slated to be passed by the House Wednesday night before the chamber abruptly adjourned over State Rep. John Rogers (D-Birmingham) intentionally killing non-controversial legislation on a consent calendar. HB 261 has the backing of the Alabama Trucking Association and Truckers Against Trafficking.
Coleman and Collins will also introduce a pair of resolutions aimed at combatting human trafficking. The first resolution encourages ALEA to continue developing curriculum to ensure that every officer in the state is trained regarding human trafficking.
The second resolution creates the Alabama Healthcare Human Trafficking Training Program Commission, which is tasked with developing a training module for all healthcare related employees to readily identify and provide trauma-centered care for human trafficking victims.
You can call the National Human Trafficking Hotline 24/7 at 1 (888) 373-7888.
You can also text “HELP” or “INFO” to 233733.
Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn