Brenda Blagg: Protecting free speech – Northwest Arkansas Democrat-Gazette

Gov. Asa Hutchinson put his veto pen to good use last week against a bill that could deny free speech in Arkansas.

The governor vetoed the bill on Thursday. Lawmakers recessed the 2017 regular session of the Legislature earlier in the week and plan to return in early May, when they may consider overriding any gubernatorial vetoes before formally adjourning the regular session.

They also expect a special session to address changes in the state Medicaid program.

That business may be serious enough to keep them from backtracking to otherwise settled issues before adjournment of the regular session. But they may try to override this veto or any other the governor might make.

Senate Bill 550 should not be revived. It would criminalize mass picketing, which is defined in the law as people assembling in the use of pickets or demonstrations at or near a business, school or private facility.

It aimed to punish anyone who obstructs access to a place of employment or to public infrastructure or private property.

Unlawful mass picketing would have been a Class A misdemeanor, subject to potentially heavy civil fines.

The bill's sponsor, Sen. Trent Garner, R-El Dorado, interestingly cited the blockage of a street in Fayetteville as example of why the state needed this law.

"This is a problem happening nationwide and I want to address it on the front end here in the state of Arkansas," said Garner.

Fayetteville does have a long history of public protest on all manner of issues. So do other places in Arkansas, but the Fayetteville experience stands out. Vigils against pending executions in the state are planned here and the city has in recent months seen demonstrations on behalf of women's rights and in protest of President Trump's travel ban and his plans to build a border wall, among others.

In the 1960s, the city famously held competing, simultaneous marches by people for and against the Vietnam War.

Back then, there were arrests of some demonstrators who blocked city streets, but most demonstrations these days aren't so rowdy.

They're generally heart-felt by participants and appropriately policed to allow people to express themselves publicly.

Protests are simply part of the fabric of this community and, indeed, of the state and nation.

That's why the ACLU of Arkansas was quick to note during legislative debate about the bill that the First Amendment to the U.S. Constitution guarantees the right to speak and assemble.

Gov. Hutchinson recognized as much when he said in his veto message that Senate Bill 550's vague language would have a "chilling effect on free speech and the right to assemble."

The governor said Garner's goal of ensuring public safety is "admirable" but found the bill's restriction of free speech unacceptable.

Both houses of the General Assembly passed the bill, with the Senate initially approving the measure 22-6 and the House 58-21. An amended version of the bill narrowly won a 18-8 vote in the Senate to send the bill to the governor.

Some senators obviously had some second thoughts about the legislation and Gov. Hutchinson did them all a favor in vetoing it.

This bill came from a first-term senator who represents Union County and parts of five more in the most southern reaches of Arkansas. He's an attorney and a decorated Special Forces and Green Beret veteran who served two tours in Afghanistan.

The freshman lawmaker was likely recruited to handle the legislation that Rita Sklar, the ACLU Arkansas executive director, called "un-American."

Similar bills to curb protesting have been pushed in other states with varying success and more can be expected, given increasing public interest in protesting national issues.

Garner's bill was hardly the only legislation introduced this session to damage First Amendment rights in Arkansas, but it was the first to get -- and deserve -- the governor's veto.

By the way, for those who might recognize Garner's name, he was also the Senate sponsor of the infamous House Bill 1249, the concealed-carry bill that state Rep. Charlie Collins, R-Fayetteville, introduced and got passed into law.

Yes, that's the one that would have allowed qualified permit-holders to carry handguns into Razorback Stadium as well as other sports venues.

It was in Garner's hands that Collins' original bill to grant concealed-carry authority to college faculty and staff got expanded to allow any qualifying 21-year-old to carry a concealed gun just about anywhere on campus, in bars and public buildings and, most notably, to sporting events.

Its passage proved such a source of embarrassment and concern that lawmakers quickly amended the bill to ban guns at games.

Unfortunately, other provisions of what is now Act 562, permitting concealed carry in a lot of new places, including college campuses, remain.

Commentary on 04/09/2017

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Brenda Blagg: Protecting free speech - Northwest Arkansas Democrat-Gazette